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The broad and somewhat vague definition of religious exercise in The Religious Land Use and Institutionalized Persons Act (RLUIPA) has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise.
The Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc et seq. (RLUIPA), has been a controversial statute, particularly among small municipalities. The federal statute prohibits implementation of a land use regulation “in a manner that imposes a substantial burden on the religious exercise of a person, including a religious … institution,” unless the government demonstrates that imposition of the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest 42 U.S.C. 2000cc (a)(1). The broad and somewhat vague definition of religious exercise in the statute has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise. The statute’s definition “includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” 42 U.S.C 2000cc-5(7)(A).
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Landlord Liable for Retaliating Against Maker of False Discrimination Claim
By Stewart E. Sterk
What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.
By New York Real Estate Law Reporter Staff
ZBA Adequately Explains Reversal of Condition Imposed on Variance
Mandamus Does Not Lie to Compel Change In Zoning Designation
By New York Real Estate Law Reporter Staff
No Release of Escrow When Questions of Fact Remain About Breach
Questions of Fact Remain About Delay In Enforcing Easements
Merger Doctrine Bars Buyer’s Breach of Contract Claim
Partition Claim Premature Without Judicial Investigation
Reciprocal Easement Requires Cost-Sharing
Secretary of State Not Required to Adopt Inspection Regulations
By New York Real Estate Law Reporter Staff
Landlord Not Entitled To Lock Out Subtenant
Landlord Did Not Release Tenant from Rent Obligation
Allowable Rent Increases Permitted Luxury Decontrol