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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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Second Department Rules That Cooperative Apartment Owners’ Rights Are Precarious
By Paul Golden
On June 14, 2023, the Second Department decided Walsh v Ocwen Loan Servicing. The court, with little fanfare, appeared to rule that cooperative apartment owners are saddled with an unavoidable risk of loss. That is, if a lender alleges that the owners have defaulted, and then conducts a nonjudicial foreclosure sale, the former owners are left with few remedies.
By New York Real Estate Law Reporter Staff
Co-Op Purchaser Not Entitled to Cancel Contract
Stipulation of Settlement Did Not Foreclose Warranty of Habitability Claim
Questions of Fact About Mitchell-Lama Succession Rights
By New York Real Estate Law Reporter Staff
Taking Was for a Public Purpose and Failure to Comply With Public Hearing Requirement Did Not Invalidate Taking
By New York Real Estate Law Reporter Staff
Fact Questions About Expansion of Nonconforming Use
Subdivision Improperly Classified As Type II Action Under SEQRA
ZBA Entitled to Approve Permit for Building Larger Than One Depicted In Approved Site Plan
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