Hendricks Co. to change policies, pay $300,000 following allegations of Illegally denied zoning approval for Islamic seminary

The complaint further alleges that Hendricks County repeatedly departed from its own zoning ordinances as well as the county’s processes and procedures for reviewing zoning applications and treated Al Hussnain’s application worse than similar applications brought by non-Muslim developers.

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

“Animus directed towards the Muslim community masked under the guise of an 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 demonstrates 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, which was filed Wednesday in the U.S. District Court for the Southern District of Indiana and must still be approved by the court, resolves a lawsuit the United States also filed today. The complaint alleges that the County, facing significant community animus and opposition, denied Al Hussnain’s rezoning applications to develop a mixed-use community containing a residential neighborhood, community center, K-12 religious school, Islamic seminary and dormitories for seminary students at two different locations in the County, citing concerns that lacked a legitimate basis.

The complaint further alleges that Hendricks County repeatedly departed from its own zoning ordinances as well as the county’s processes and procedures for reviewing zoning applications and treated Al Hussnain’s application worse than similar applications brought by non-Muslim developers. The complaint alleges that the County engaged in a pattern or practice of unlawful discrimination and denied rights to a group of persons because of religion in violation of the FHA and imposed a substantial burden on the Islamic organization’s religious exercise, treated the organization on less than equal terms with nonreligious assemblies or institutions and discriminated against the organization on the basis of religion in violation of RLUIPA. 

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. More information about the FHA can be found here.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’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 Unit at USAINS-CivilRights@usdoj.gov or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the online form  on Southern District of Indiana Civil Rights webpage.