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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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HSTPA Survives Federal Constitutional Attack
By Stewart E. Sterk
The Housing Stability and Tenant Protection Act (HSTPA) has generated considerable litigation by landlords in both state and federal court. In Building and Realty Institute of Westchester and Putnam Counties, Inc. v. State of New York, the United States District Court for the Southern District of New York dismissed takings, substantive due process, and contracts clause challenges to the statute.
By NYRE Staff
State May Recover Part of Advance Payment from Condemnee
By NYRE Staff
Co-Op Entitled to Use and Occupancy Pendent Lite
By NYRE Staff
Absent Express Language, Restrictive Covenant Does Not Run With the Land
Mortgagee Not Entitled to Expungement of Satisfaction
Junior Mortgagee Entitled to Rely on Erroneously Recorded Satisfaction of Senior Mortgage
Easement Holders Entitled tTo Pave Easement to Improve Access
Federal Government Not Liable for Erosion Damages Caused By Alleged Failure to Maintain Jetties
Representations and Warranties Survive Closing
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