Bill Text: NY A00152 | 2025-2026 | General Assembly | Introduced
Bill Title: Enacts the New York religious land use and religious exercise act prohibiting unreasonable restriction on regulations affecting religious land use or affecting religious exercise of institutionalized persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-08 - referred to governmental operations [A00152 Detail]
Download: New_York-2025-A00152-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 152 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. EICHENSTEIN -- read once and referred to the Committee on Governmental Operations AN ACT to amend the civil rights law, in relation to enacting the New York religious land use and religious exercise act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 religious land use and religious exercise act". 3 § 2. Article 10 and sections 100 and 101 of the civil rights law, as 4 renumbered by chapter 263 of the laws of 2019, are renumbered article 15 5 and sections 150 and 151, respectively. 6 § 3. The civil rights law is amended by adding a new article 10 to 7 read as follows: 8 ARTICLE 10 9 RELIGIOUS LAND USE AND RELIGIOUS EXERCISE 10 Section 100. Definitions. 11 101. Restriction on regulations affecting religious land use. 12 102. Restriction on regulations affecting religious exercise of 13 institutionalized persons. 14 103. Government discretion in alleviating burdens on religious 15 exercise. 16 104. Judicial relief. 17 105. Rules of construction. 18 106. Broad construction. 19 107. Severability. 20 § 100. Definitions. As used in this article: 21 1. "Claimant" means a person raising a claim or defense under this 22 article. 23 2. "Demonstrates" means meets the burdens of going forward with the 24 evidence and of persuasion. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00542-01-5A. 152 2 1 3. "Free exercise clause" means that portion of the first amendment to 2 the Constitution that proscribes laws prohibiting the free exercise of 3 religion. 4 4. "Government" means: 5 (a) the state; 6 (b) the governing board of a municipal corporation as such terms are 7 defined in section two of the general municipal law; 8 (c) any other governmental entity created under the authority of the 9 state or a municipal corporation, including but not limited to any 10 branch, department, agency or instrumentality; or 11 (d) any other person acting under color of state law. 12 5. "Institution" means an institution, as defined in section 2 of the 13 Civil Rights of Institutionalized Persons Act (42 U.S.C. § 1997). 14 6. "Land use regulation" means a zoning or landmarking law, or the 15 application of such a law, that limits or restricts a claimant's use or 16 development of land (including a structure affixed to land), if the 17 claimant has an ownership, leasehold, easement, servitude, or other 18 property interest in the regulated land or a contract or option to 19 acquire such an interest. 20 7. "Native American tribe" means those tribes, bands or other organ- 21 ized groups of Indians recognized in the state or considered by the 22 federal secretary of the interior to be a Native American or Indian 23 tribe or a Native American or Indian organization for any purpose. 24 8. "Person" means any natural person, partnership, corporation, compa- 25 ny, trust, association or other entity, however organized. 26 9. "Program or activity" means all of the operations of any entity as 27 described in paragraph (1) or (2) of section 606 of the Civil Rights Act 28 of 1964 (42 U.S.C. § 2000d-4a). 29 10. "Religious exercise" includes any exercise of religion, whether or 30 not compelled by, or central to, a system of religious belief. The use, 31 building, or conversion of real property for the purpose of religious 32 exercise shall be considered to be religious exercise of the person or 33 entity that uses or intends to use the property for that purpose. 34 § 101. Restriction on regulations affecting religious land use. 1. 35 Substantial burdens. 36 (a) A government shall not impose or implement a land use regulation 37 in a manner that imposes a substantial burden on the religious exercise 38 of a person, including a religious assembly or institution, unless the 39 government demonstrates that imposition of the burden on that person, 40 assembly, or institution: 41 (1) is in furtherance of a compelling interest of the government; and 42 (2) is the least restrictive means of furthering such compelling 43 interest. 44 (b) The provisions of this subdivision shall apply in any case in 45 which: 46 (1) the substantial burden is imposed in a program or activity that 47 receives government or federal financial assistance, even if the burden 48 results from a rule of general applicability; or 49 (2) the substantial burden affects, or the removal of that substantial 50 burden would affect, commerce with foreign nations, with another state 51 or municipal corporation, or with Native American tribes, even if the 52 burden results from a rule of general applicability; or 53 (3) the substantial burden is imposed in the implementation of a land 54 use regulation or system of land use regulations, under which a govern- 55 ment makes, or has in place, formal or informal procedures or practicesA. 152 3 1 that permit the government to make, individualized assessments of the 2 proposed uses for the property involved. 3 2. Discrimination and exclusion. A government shall not impose or 4 implement a land use regulation: 5 (a) in a manner that treats a religious assembly or institution on 6 less than equal terms with a nonreligious assembly or institution; 7 (b) that discriminates against any assembly or institution on the 8 basis of religion or religious denomination; or 9 (c) that totally excludes religious assemblies from a jurisdiction or 10 unreasonably limits religious assemblies, institutions, or structures 11 within a jurisdiction. 12 3. Definition. As used in this section, "substantial burden" may 13 include: 14 (a) being prohibited from using a property for religious exercise 15 where the use is otherwise permitted by right or special exception; 16 (b) an actual and substantial financial burden in proceeding with a 17 land use project which is not attributable to a factor or factors other 18 than the land use regulation at issue; or 19 (c) an actual and substantial delay in proceeding with a land use 20 project which is not attributable to a factor or factors other than the 21 land use regulation at issue. 22 § 102. Restriction on regulations affecting religious exercise of 23 institutionalized persons. 1. A government shall not impose a substan- 24 tial burden on the religious exercise of a person residing in or 25 confined to an institution as defined in section one hundred of this 26 article, even if the burden results from a rule of general applicabil- 27 ity, unless the government demonstrates that imposition of the burden on 28 that person: 29 (a) is in furtherance of a compelling interest of the government; and 30 (b) is the least restrictive means of furthering such compelling 31 interest. 32 2. The provisions of this section shall apply in any case in which: 33 (a) the substantial burden is imposed in a program or activity that 34 receives government assistance; 35 (b) the substantial burden affects, or the removal of that substantial 36 burden would affect, commerce with foreign nations, with another state 37 or municipal corporation, or with Native American tribes. 38 § 103. Government discretion in alleviating burdens on religious exer- 39 cise. A government may avoid the preemptive force of any provision of 40 this chapter by changing the policy or practice that results in a 41 substantial burden on religious exercise, by retaining the policy or 42 practice and exempting the substantially burdened religious exercise, by 43 providing exemptions from the policy or practice for applications that 44 substantially burden religious exercise, or by any other means that 45 eliminates the substantial burden. 46 § 104. Judicial relief. 1. (a) A person may assert a violation of this 47 article as a claim or defense in a judicial proceeding and obtain appro- 48 priate relief against a government. Jurisdiction and standing to assert 49 a claim or defense under this article shall be governed by the general 50 rules of jurisdiction and standing under New York law. 51 (b) The attorney general may bring an action for injunctive or declar- 52 atory relief to enforce compliance with this article. Nothing in this 53 article shall be construed to deny, impair, or otherwise affect any 54 right or authority of the attorney general or of any agency, officer, or 55 employee of the state, acting under any law other than this article, to 56 institute or intervene in any proceeding.A. 152 4 1 (c) An action may be brought as provided in paragraph (a) or (b) of 2 this subdivision as soon as any final government action occurs. 3 2. If a plaintiff produces prima facie evidence to support a claim 4 alleging a violation of this article, the government shall bear the 5 burden of persuasion on any element of the claim, except that the plain- 6 tiff shall bear the burden of persuasion on whether the law (including a 7 regulation) or government practice that is challenged by the claim 8 substantially burdens the plaintiff's exercise of religion. 9 3. The court, in its discretion and in an appropriate case, may award 10 actual damages and reasonable attorney's fees to a prevailing claimant. 11 4. If the only jurisdictional basis for applying a provision of this 12 article is a claim that a substantial burden by a government on reli- 13 gious exercise affects, or that removal of that substantial burden would 14 affect, commerce with foreign nations, another state or municipal corpo- 15 ration, or with Native American tribes, the provision shall not apply if 16 the government demonstrates that all substantial burdens on, or the 17 removal of all substantial burdens from, similar religious exercise 18 throughout the state would not lead in the aggregate to a substantial 19 effect on commerce with foreign nations, another state, or with Native 20 American tribes. 21 § 105. Rules of construction. Nothing in this article shall: 22 1. Be construed to authorize any government to burden any religious 23 belief. 24 2. Create any basis for restricting or burdening religious exercise or 25 for claims against a religious organization, including any religiously 26 affiliated school or university, not acting under color of law. 27 3. Create or preclude a right of any religious organization to receive 28 funding or other assistance from a government or the federal government, 29 or of any person to receive government funding for a religious activity; 30 provided, however, that a government may be required to incur expenses 31 in its own operations to avoid imposing a substantial burden on reli- 32 gious exercise. 33 4. Authorize a government to regulate or affect, directly or indirect- 34 ly, the activities or policies of a person other than a government as a 35 condition of receiving funding or other assistance, or restrict any 36 authority that may exist under other law to so regulate or affect such 37 activities or policies, except as provided in this article. 38 5. With respect to a claim brought under this chapter, be construed as 39 proof that a substantial burden on a person's religious exercise 40 affects, or removal of that burden would affect, commerce with foreign 41 nations, another state, or with Native American tribes, shall not estab- 42 lish any inference or presumption that the legislature intends that any 43 religious exercise is, or is not, subject to any law other than this 44 article. 45 6. Be construed to restrict, negate or otherwise weaken any 46 protections afforded under the Religious Land Use and Institutionalized 47 Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seq. 48 7. Preempt any other state law that is equally as protective of reli- 49 gious exercise as, or more protective of religious exercise than, this 50 article. 51 § 106. Broad construction. This article shall be construed in favor of 52 a broad protection of religious exercise, to the maximum extent permit- 53 ted by the terms of this article, the Constitution of the state of New 54 York and the Constitution of the United States. 55 § 107. Severability. If any clause, sentence, paragraph, section or 56 part of this article shall be adjudged by any court of competent juris-A. 152 5 1 diction to be invalid and after exhaustion of all further judicial 2 review, the judgment shall not affect, impair or invalidate the remain- 3 der thereof, but shall be confined in its operation to the clause, 4 sentence, paragraph, section or part of this article directly involved 5 in the controversy in which the judgment shall have been rendered. 6 § 4. This act shall take effect immediately.
