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WERE YOU DISCOURAGED FROM ESTABLISHING A YESHIVA IN JACKSON OR MOVING THERE DUE TO THEIR BAN ON YESHIVOS? YOU MAY BE ELIGIBLE TO GET FINANCIAL RELIEF.

You or members of your family may now be qualified for a financial settlement if you or members of your family allege that due to Jackson Township's ban on dormitory housing at schools, you were:


• Unable to attend a religious boarding school in Jackson Township;
• Unable to move to Jackson Township because of a lack of an available religious boarding school for an immediate family member;
• Discouraged or prevented from establishing a yeshiva or other religious boarding school in Jackson Township



Back on March 14, 2017, Jackson Township's Council adopted ordinances 03-17 and 04-17 which severely limited construction of yeshivos and prohibited dormitories. Mayor Mike Reina signed the ordinances into law.


On May 20, 2020, the U.S. Department of Justice filed a lawsuit against Jackson Township and its planning board alleging that by adopting these ordinances the Township Council "violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Fair Housing Act (FHA) by targeting the Orthodox Jewish community through zoning ordinances restricting religious schools and barring religious boarding schools."

(RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations.)


The complaint, filed in the District of New Jersey, alleges that even worse than the Township Council who passed these ordinances to prevent dormitories anywhere in Jackson, the planning board has applied the ordinances in a manner that discriminated against the Orthodox Jewish community as they have since approved, without requiring a variance, the plans for two nonreligious projects with dormitory-type housing.


The complaint further alleges that the township and planning board enacted the ordinances against a backdrop of extreme animus by some Jackson residents and township decision makers toward the Orthodox Jewish community and a movement by residents to keep Orthodox Jewish individuals from settling in Jackson. The complaint alleges that the township and planning board’s actions towards the Orthodox Jewish community violate RLUIPA’s non-discrimination and equal terms provisions, as well as the FHA.


Subsequently, on May 26, the council adopted Ordinance 05-20, which repealed the 04-17 dormitory ban, but left the 03-17 private school ban in place. At that meeting, councilmen commented on the Justice Department's lawsuit, saying it "contained many inaccuracies".


After dragging things out in court for 2 full years, on June 15, 2022, Jackson Township and the Justice Department signed a Consent Decree whereby they agreed to settle the lawsuit by Jackson Township repealing the remaining active discriminatory 03-17 ordinance and "replace it with an ordinance that will allow religious elementary and secondary schools, religious higher learning institutions and religious residential schools in numerous residential and other zoning districts, and permitting associated housing such as dormitories as an accessory to private, parochial, and public schools in certain zoning districts".


The consent order specifies that the new zoning ordinance is required to treat religious schools equally with non-religious institutions that operate in the Township.


The order also enjoins Jackson Township and its Planning Board from "imposing or implementing a land use regulation in a manner that treats a religious assembly or institution on less than equal terms than a nonreligious assembly or institution; discriminating against any religious assembly or institution, or their members, on the basis of religion or religious denomination; otherwise engaging in any conduct that violates RLUIPA and/or the FHA; coercing, intimidating, threatening, interfering with, or retaliating against any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by RLUIPA and/or the FHA; and discriminating in the sale or rental, or otherwise making unavailable or denying dwellings, because of religion".


The consent further requires Jackson Township to, within sixty days of the Order’s entry date, implement certain procedures to ensure notice is provided to the public of this Order and its requirements. This includes that, upon receipt of an application or inquiry about a zoning or land use determination concerning a property intended or used for religious purposes, the Township Council and land use boards shall provide to the applicant or the person inquiring a notice that conforms in content to a specific form notice.


Finally, the consent order requires the Township to train its officials and employees on the requirements of RLUIPA and the FHA, establish a procedure for receiving and resolving RLUIPA and FHA complaints, pay a civil penalty of $45,000, and pay $150,000 into a settlement fund from which aggrieved persons can seek payment.


The Consent Order was signed and announced by both parties on June 15. It was signed by a judge on July 7.


As previously reported here on FAA News, over 4 months since the judge made the order "official" - the Jackson Township Council has yet to even introduce an Ordinance as they are required to do under the conditions of their Consent Order.


However, Jackson Township officials have now publicized the establishment of their $150,000 "aggrieved persons" settlement fund to compensate persons who have been harmed as a result of the alleged discrimination.


You or members of your family may be qualified to recover from the Settlement Fund if you or members of your family allege that, due to Jackson Township's ban on dormitory housing at schools, you were:

• Unable to attend a religious boarding school in Jackson Township;
• Unable to move to Jackson Township because of a lack of an available religious boarding school for an immediate family member;
• Discouraged or prevented from establishing a yeshiva or other religious boarding school in Jackson Township


If you believe you have been harmed because of your religion, or if you have information about someone else who may have been harmed, please contact the United States Department of Justice at: 1-833-591-0291 or the United States Attorney's Office Civil Rights Complaint Hotline at 855-281-3339.


You also may write to United States Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section., 150 M Street, N.E., Washington, DC, 20530, Attn: DJ 210-48-44 or the United States Attorney's Office Civil Rights Division at 970 Broad Street, Suite 700, Newark, New Jersey 07102 or email at usanj.civilrightscomplaint@uscloj.gov.


You must call or write no later than 365 days from the date of entry of the Consent Order to be eligible for compensation, and your telephone message or letter must include your name, address, and, if possible, at least two telephone numbers where you may be reached.


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1 comment:

Anonymous said...

I actually refrained from moving to Jackson because now they have to build more shuls and ruin it for the neighbors. I'm looking for a town to move to, where shuls can only be built on the main roads, with ample parking, and will not destroy neighbors' quality of life.
Am I also entitled to a piece of the Jackson pie?