Hendricks County, Zoning Discrimination, Indiana 2023

Hendricks County, Indiana, has been embroiled in a scandal after allegations surfaced that the county unlawfully denied zoning approval for an Islamic seminary and residential housing. The Justice Department has secured an agreement with the county to settle the allegations, which date back to 2023.

According to the Justice Department, Hendricks County repeatedly denied zoning approvals to Al Hussnain Inc., an Islamic educational organization, citing concerns that lacked a legitimate basis. The county’s actions were found to be in violation of the Fair Housing Act (FHA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA).

The complaint alleges that the county engaged in a pattern or practice of unlawful discrimination, denying rights to a group of persons because of their religion in violation of the FHA and imposing a substantial burden on the Islamic organization’s religious exercise.

The consent decree requires Hendricks County to pay monetary damages of $295,000 to Al Hussnain, Inc., a civil penalty of $5,000 to the United States, adopt Fair Housing and Religious Land Use policies, train its officials and employees on the requirements of RLUIPA and the FHA, and establish a procedure for receiving and resolving RLUIPA and FHA complaints.

The FHA prohibits discrimination by direct providers of housing, such as landlords and real estate companies, as well as other entities, such as municipalities, banks, or other lending institutions and homeowners’ insurance companies whose discriminatory practices make housing unavailable to persons because of race or color, religion, sex, national origin, familial status, or disability.

The RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. The Justice Department has taken a firm stance against discriminatory anti-Islamic conduct, using its authority to stop such actions and hold local governments accountable.

The case serves as a reminder that discrimination on the basis of religion has no place in our society. The Justice Department will continue to defend the rights of all persons to enjoy housing free from discrimination.

Mandatory facts: Defendant/respondent – Hendricks County, Exact criminal charges – Zoning discrimination, City and state – Danville, Indiana, Exact date – June 2023, Sentence or outcome – $295,000 in damages and $5,000 in civil penalties.