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Jackson Township, Zoning Discrimination, New Jersey 2024

NEWARK, NJ – In a shocking case of zoning discrimination, the Justice Department has filed a lawsuit against Jackson Township, New Jersey, and the township planning board for allegedly implementing ordinances that target the Orthodox Jewish community.

The complaint alleges that the township passed two ordinances that expressly prohibit dormitories throughout Jackson, making it impossible for religious boarding schools such as Orthodox Jewish yeshivas to establish there. The planning board has since approved plans for two non-religious projects with dormitory-type housing, without requiring a variance.

U.S. Attorney Craig Carpenito vowed to combat discrimination and unequal treatment. "Religious discrimination has no place in our society and runs counter to the founding principles of our nation," he said.

Assistant Attorney General Eric Dreiband declared that using zoning laws to target a religious community for intentional discrimination is illegal and utterly incompatible with the nation’s values. "The Department of Justice will use the full force of its authority to stop such anti-Semitic conduct and prevent its recurrence," he said.

The complaint alleges that the township and planning board enacted the ordinances with respect to religious dormitories against a backdrop of extreme animus by Jackson residents and township decision makers toward the Orthodox Jewish community. The actions of the township and planning board violate RLUIPA’s non-discrimination and equal terms provisions, as well as the FHA.

R.L.U.I.P.A. is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. The Justice Department has previously announced its Place to Worship Initiative, which focuses on R.L.U.I.P.A.’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743.

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