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Landlord Tenant Law Litigators

RLUIPA Ripeness

In Rabbi Israel Meyer Hacochen Rabbinical Seminary of America v. Town of Putnam Valley, a federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a “futility exception” to the requirement that a landowner obtain a final decision before proceeding to federal court.

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The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects religious users against abusive municipal land use practices. But when does a RLUIPA claim become ripe? In Rabbi Israel Meyer Hacochen Rabbinical Seminary of America v. Town of Putnam Valley (2022 WL 4357933), a federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a “futility exception” to the requirement that a landowner obtain a final decision before proceeding to federal court. The seminary has appealed, so the Second Circuit will soon have the opportunity to address the ripeness issue.

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