USDOJ Reaches Consent Agreement with NJ Municipality Paving the Way for Chabad House

This information appears in the October 2020 Religious Freedom in Focus newsletter from USDOJ.

On September 15, the Justice Department announced that it has reached an agreement with the Borough of Woodcliff Lake, New Jersey, to resolve allegations that the borough violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by denying zoning approval for an Orthodox Jewish congregation to construct a worship center on its property.

The proposed consent decree, which must still be approved by the court, would resolve a lawsuit filed by the United States against the borough alleging that it had prevented Valley Chabad, an Orthodox Jewish congregation that has worshiped in the borough for over 20 years, from constructing a new house of worship. A separate settlement agreement and proposed consent decree have resolved a related lawsuit filed by Valley Chabad against the borough. 

The United States’ complaint, filed in June 2018, alleged that Woodcliff Lake violated RLUIPA by imposing a substantial burden on Valley Chabad’s religious exercise. On three occasions between 2006 and 2013, Valley Chabad attempted to purchase parcels of property in the borough in order to construct a house of worship and meeting center, called a Chabad house, large enough to meet its needs. The complaint alleged that in each instance, the borough purchased or re-zoned the parcels, preventing development of a Chabad house.

As part of the consent decree, the borough will permit Valley Chabad to construct a new Chabad house on its property. The borough also agreed to establish a procedure for receiving and resolving RLUIPA complaints, train its employees on RLUIPA’s requirements, and submit regular reports to the United States and the court on its compliance. In the separate agreement that resolves the related private action, the borough agreed to pay Valley Chabad $1.5 million to resolve its claims for damages and attorney’s fees that arose from the borough’s conduct. 

“The United States is, and must always remain, committed to the right of all people to practice their faith and worship together,” Assistant Attorney General for the Civil Rights Division Eric Dreiband said on the say the settlement was filed. “The U.S. Department of Justice will continue to fight against any unlawful deprivation of the right of all people to practice their faith. Through this agreement, the Valley Chabad and its members will be able to build a house of worship and to exercise their right to practice their religion freely.”