Hoosier State Today

Hendricks County, Indiana, has agreed to implement new policies and training, pay $295,000 in compensation to an Islamic educational organization, and pay a $5,000 fine to resolve a Justice Department lawsuit. The lawsuit alleged that the county violated the Fair Housing Act (FHA) and Religious Land Use and Institutionalized Persons Act (RLUIPA) by unlawfully denying zoning approval to Al Hussnain Inc. for developing a religious seminary, school, and residential housing.

"Animus directed towards the Muslim community masked under the guise of ordinary zoning restrictions violates the law and runs contrary to the principles of fairness and tolerance that are core in our democracy," said Assistant Attorney General Kristen Clarke of the Civil Rights Division. "Federal law prohibits local governments from making zoning decisions about housing or religious land use on the basis of the religion of the developer or those whom they perceive might live at or worship at the development. The Department of Justice will use its authority to stop discriminatory anti-Islamic conduct and hold local governments accountable."

"Discrimination on the basis of religion has no place in the Crossroads of America," said U.S. Attorney Zachary A. Myers for the Southern District of Indiana. "This office will steadfastly defend the right of all persons to enjoy housing free from discrimination. This complaint and consent decree demonstrate the Department of Justice’s commitment to ensuring that people of all faiths are not discriminated against by unlawful local government actions."

The proposed consent decree was filed today in U.S. District Court for the Southern District of Indiana and must still be approved by the court. The complaint alleges that Hendricks County denied Al Hussnain’s rezoning applications due to significant community animus and opposition without legitimate concerns.

The complaint further alleges that Hendricks County repeatedly departed from its own zoning ordinances as well as processes for reviewing zoning applications, treating Al Hussnain’s application worse than similar applications brought by non-Muslim developers. It claims that Hendricks County engaged in a pattern or practice of unlawful discrimination based on religion in violation of FHA and imposed substantial burdens on Al Hussnain's religious exercise under RLUIPA.

The consent decree requires Hendricks County to pay monetary damages totaling $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 officials on RLUIPA and FHA requirements, and establish procedures for receiving complaints related to these laws.

The FHA prohibits discrimination by direct providers such as landlords or real estate companies as well as municipalities whose practices make housing unavailable due to race or color, religion, sex, national origin, familial status or disability.

RLUIPA is a federal law protecting religious institutions from unduly burdensome land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative focusing on RLUIPA provisions protecting houses of worship's rights.

Individuals who believe they have faced discrimination in land use or zoning decisions may contact relevant authorities through provided channels.

U.S. Attorney Myers thanked Assistant U.S. Attorneys Jeffrey Preston and Joi Kemper along with attorneys from DOJ’s Civil Rights Division handling this case.

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