Ren Art 10 §§100 & 101 to be Art 15 §§150 & 151, add Art 10 §§100 - 107, Civ Rts L
Enacts the New York religious land use and religious exercise act prohibiting unreasonable restriction on regulations affecting religious land use or affecting religious exercise of institutionalized persons.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A152
SPONSOR: Eichenstein TITLE OF BILL:
An act to amend the civil rights law, in relation to enacting the New
York religious land use and religious exercise act
PURPOSE:
The purpose of the bill is to codify the federal Religious Land Use and
Institutionalized Persons Act of 2000 (RLUIPA), which was introduced
(H.R. 4862) by Rep. Jerrold Nadler (D-NY) and Rep. Charles Canady
(R-FL), and signed into law by President Clinton as Public Law 106-274
on September 22, 2000.
SUMMARY OF PROVISIONS:
Section one of this bill states the name of the act as "New York reli-
gious land use and religious exercise act".
Section two of this bill renumbers articles and sections of the civil
rights law.
Section three of this bill provides that no government shall impose or
implement a land use regulation in a manner that imposes a substantial
burden on the religious exercise of a person, including a religious
assembly or institution, unless the government demonstrates that imposi-
tion of the burden on that person, assembly, or institution: (1) is in
furtherance of a compelling interest of the government; and (2) is the
least restrictive means of furthering such compelling interest. It also
provides that government shall not impose or implement a land use regu-
lation (a) in a manner that treats a religious assembly or institution
on less than equal terms with a nonreligious assembly or institution;
(b) that discriminates against any assembly or institution on the basis
of religion or religious denomination; or (c) that totally excludes
religious assemblies from a jurisdiction or unreasonably limits reli-
gious assemblies, institutions, or structures within a jurisdiction. It
further provides that government shall not impose a substantial burden
on the religious exercise of a person residing in or confined to an
institution unless the government demonstrates that imposition of the
burden on that person: (a) is in furtherance of a compelling interest
of the government; and (b) is the least restrictive means of furthering
such compelling interest. It also gives individuals, institutions, or
the Attorney General the right to bring an action under the provisions
of the bill.
Section four of this bill sets forth the effective date.
JUSTIFICATION:
There have been instances in which municipalities have been passing
ordinances that unduly restrict the ability of religious institutions to
get approval for religious land use. Challenging these in federal court
is an expensive and lengthy process. This bill would give religious
institutions and certain institutionalized persons the ability to pursue
legal action in state court, which will be quicker and less expensive,
when their rights to free exercise of religion have been impinged by
government action.
LEGISLATIVE HISTORY:
2024: A183- referred to Governmental Operations
2023: A183- referred to Governmental Operations
2022: A9412 - referred to governmental operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
152
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the civil rights law, in relation to enacting the New
York religious land use and religious exercise act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "New York
2 religious land use and religious exercise act".
3 § 2. Article 10 and sections 100 and 101 of the civil rights law, as
4 renumbered by chapter 263 of the laws of 2019, are renumbered article 15
5 and sections 150 and 151, respectively.
6 § 3. The civil rights law is amended by adding a new article 10 to
7 read as follows:
8 ARTICLE 10
9 RELIGIOUS LAND USE AND RELIGIOUS EXERCISE
10 Section 100. Definitions.
11 101. Restriction on regulations affecting religious land use.
12 102. Restriction on regulations affecting religious exercise of
13 institutionalized persons.
14 103. Government discretion in alleviating burdens on religious
15 exercise.
16 104. Judicial relief.
17 105. Rules of construction.
18 106. Broad construction.
19 107. Severability.
20 § 100. Definitions. As used in this article:
21 1. "Claimant" means a person raising a claim or defense under this
22 article.
23 2. "Demonstrates" means meets the burdens of going forward with the
24 evidence and of persuasion.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00542-01-5
A. 152 2
1 3. "Free exercise clause" means that portion of the first amendment to
2 the Constitution that proscribes laws prohibiting the free exercise of
3 religion.
4 4. "Government" means:
5 (a) the state;
6 (b) the governing board of a municipal corporation as such terms are
7 defined in section two of the general municipal law;
8 (c) any other governmental entity created under the authority of the
9 state or a municipal corporation, including but not limited to any
10 branch, department, agency or instrumentality; or
11 (d) any other person acting under color of state law.
12 5. "Institution" means an institution, as defined in section 2 of the
13 Civil Rights of Institutionalized Persons Act (42 U.S.C. § 1997).
14 6. "Land use regulation" means a zoning or landmarking law, or the
15 application of such a law, that limits or restricts a claimant's use or
16 development of land (including a structure affixed to land), if the
17 claimant has an ownership, leasehold, easement, servitude, or other
18 property interest in the regulated land or a contract or option to
19 acquire such an interest.
20 7. "Native American tribe" means those tribes, bands or other organ-
21 ized groups of Indians recognized in the state or considered by the
22 federal secretary of the interior to be a Native American or Indian
23 tribe or a Native American or Indian organization for any purpose.
24 8. "Person" means any natural person, partnership, corporation, compa-
25 ny, trust, association or other entity, however organized.
26 9. "Program or activity" means all of the operations of any entity as
27 described in paragraph (1) or (2) of section 606 of the Civil Rights Act
28 of 1964 (42 U.S.C. § 2000d-4a).
29 10. "Religious exercise" includes any exercise of religion, whether or
30 not compelled by, or central to, a system of religious belief. The use,
31 building, or conversion of real property for the purpose of religious
32 exercise shall be considered to be religious exercise of the person or
33 entity that uses or intends to use the property for that purpose.
34 § 101. Restriction on regulations affecting religious land use. 1.
35 Substantial burdens.
36 (a) A government shall not impose or implement a land use regulation
37 in a manner that imposes a substantial burden on the religious exercise
38 of a person, including a religious assembly or institution, unless the
39 government demonstrates that imposition of the burden on that person,
40 assembly, or institution:
41 (1) is in furtherance of a compelling interest of the government; and
42 (2) is the least restrictive means of furthering such compelling
43 interest.
44 (b) The provisions of this subdivision shall apply in any case in
45 which:
46 (1) the substantial burden is imposed in a program or activity that
47 receives government or federal financial assistance, even if the burden
48 results from a rule of general applicability; or
49 (2) the substantial burden affects, or the removal of that substantial
50 burden would affect, commerce with foreign nations, with another state
51 or municipal corporation, or with Native American tribes, even if the
52 burden results from a rule of general applicability; or
53 (3) the substantial burden is imposed in the implementation of a land
54 use regulation or system of land use regulations, under which a govern-
55 ment makes, or has in place, formal or informal procedures or practices
A. 152 3
1 that permit the government to make, individualized assessments of the
2 proposed uses for the property involved.
3 2. Discrimination and exclusion. A government shall not impose or
4 implement a land use regulation:
5 (a) in a manner that treats a religious assembly or institution on
6 less than equal terms with a nonreligious assembly or institution;
7 (b) that discriminates against any assembly or institution on the
8 basis of religion or religious denomination; or
9 (c) that totally excludes religious assemblies from a jurisdiction or
10 unreasonably limits religious assemblies, institutions, or structures
11 within a jurisdiction.
12 3. Definition. As used in this section, "substantial burden" may
13 include:
14 (a) being prohibited from using a property for religious exercise
15 where the use is otherwise permitted by right or special exception;
16 (b) an actual and substantial financial burden in proceeding with a
17 land use project which is not attributable to a factor or factors other
18 than the land use regulation at issue; or
19 (c) an actual and substantial delay in proceeding with a land use
20 project which is not attributable to a factor or factors other than the
21 land use regulation at issue.
22 § 102. Restriction on regulations affecting religious exercise of
23 institutionalized persons. 1. A government shall not impose a substan-
24 tial burden on the religious exercise of a person residing in or
25 confined to an institution as defined in section one hundred of this
26 article, even if the burden results from a rule of general applicabil-
27 ity, unless the government demonstrates that imposition of the burden on
28 that person:
29 (a) is in furtherance of a compelling interest of the government; and
30 (b) is the least restrictive means of furthering such compelling
31 interest.
32 2. The provisions of this section shall apply in any case in which:
33 (a) the substantial burden is imposed in a program or activity that
34 receives government assistance;
35 (b) the substantial burden affects, or the removal of that substantial
36 burden would affect, commerce with foreign nations, with another state
37 or municipal corporation, or with Native American tribes.
38 § 103. Government discretion in alleviating burdens on religious exer-
39 cise. A government may avoid the preemptive force of any provision of
40 this chapter by changing the policy or practice that results in a
41 substantial burden on religious exercise, by retaining the policy or
42 practice and exempting the substantially burdened religious exercise, by
43 providing exemptions from the policy or practice for applications that
44 substantially burden religious exercise, or by any other means that
45 eliminates the substantial burden.
46 § 104. Judicial relief. 1. (a) A person may assert a violation of this
47 article as a claim or defense in a judicial proceeding and obtain appro-
48 priate relief against a government. Jurisdiction and standing to assert
49 a claim or defense under this article shall be governed by the general
50 rules of jurisdiction and standing under New York law.
51 (b) The attorney general may bring an action for injunctive or declar-
52 atory relief to enforce compliance with this article. Nothing in this
53 article shall be construed to deny, impair, or otherwise affect any
54 right or authority of the attorney general or of any agency, officer, or
55 employee of the state, acting under any law other than this article, to
56 institute or intervene in any proceeding.
A. 152 4
1 (c) An action may be brought as provided in paragraph (a) or (b) of
2 this subdivision as soon as any final government action occurs.
3 2. If a plaintiff produces prima facie evidence to support a claim
4 alleging a violation of this article, the government shall bear the
5 burden of persuasion on any element of the claim, except that the plain-
6 tiff shall bear the burden of persuasion on whether the law (including a
7 regulation) or government practice that is challenged by the claim
8 substantially burdens the plaintiff's exercise of religion.
9 3. The court, in its discretion and in an appropriate case, may award
10 actual damages and reasonable attorney's fees to a prevailing claimant.
11 4. If the only jurisdictional basis for applying a provision of this
12 article is a claim that a substantial burden by a government on reli-
13 gious exercise affects, or that removal of that substantial burden would
14 affect, commerce with foreign nations, another state or municipal corpo-
15 ration, or with Native American tribes, the provision shall not apply if
16 the government demonstrates that all substantial burdens on, or the
17 removal of all substantial burdens from, similar religious exercise
18 throughout the state would not lead in the aggregate to a substantial
19 effect on commerce with foreign nations, another state, or with Native
20 American tribes.
21 § 105. Rules of construction. Nothing in this article shall:
22 1. Be construed to authorize any government to burden any religious
23 belief.
24 2. Create any basis for restricting or burdening religious exercise or
25 for claims against a religious organization, including any religiously
26 affiliated school or university, not acting under color of law.
27 3. Create or preclude a right of any religious organization to receive
28 funding or other assistance from a government or the federal government,
29 or of any person to receive government funding for a religious activity;
30 provided, however, that a government may be required to incur expenses
31 in its own operations to avoid imposing a substantial burden on reli-
32 gious exercise.
33 4. Authorize a government to regulate or affect, directly or indirect-
34 ly, the activities or policies of a person other than a government as a
35 condition of receiving funding or other assistance, or restrict any
36 authority that may exist under other law to so regulate or affect such
37 activities or policies, except as provided in this article.
38 5. With respect to a claim brought under this chapter, be construed as
39 proof that a substantial burden on a person's religious exercise
40 affects, or removal of that burden would affect, commerce with foreign
41 nations, another state, or with Native American tribes, shall not estab-
42 lish any inference or presumption that the legislature intends that any
43 religious exercise is, or is not, subject to any law other than this
44 article.
45 6. Be construed to restrict, negate or otherwise weaken any
46 protections afforded under the Religious Land Use and Institutionalized
47 Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seq.
48 7. Preempt any other state law that is equally as protective of reli-
49 gious exercise as, or more protective of religious exercise than, this
50 article.
51 § 106. Broad construction. This article shall be construed in favor of
52 a broad protection of religious exercise, to the maximum extent permit-
53 ted by the terms of this article, the Constitution of the state of New
54 York and the Constitution of the United States.
55 § 107. Severability. If any clause, sentence, paragraph, section or
56 part of this article shall be adjudged by any court of competent juris-
A. 152 5
1 diction to be invalid and after exhaustion of all further judicial
2 review, the judgment shall not affect, impair or invalidate the remain-
3 der thereof, but shall be confined in its operation to the clause,
4 sentence, paragraph, section or part of this article directly involved
5 in the controversy in which the judgment shall have been rendered.
6 § 4. This act shall take effect immediately.
