A Bergen County borough has entered into a resolution with federal authorities after it was sued for allegedly denying zoning approval for an Orthodox Jewish congregation to construct a worship center on its property.
The consent decree comes more than two years after the U.S. Attorney’s office sued Woodcliff Lake for violating the Religious Land Use and Institutionalized Persons Act (RLUIPA) after the borough allegedly imposed a “substantial burden on Valley Chabad’s religious exercise" when it continually denied applications to build a Jewish center from 2006 to 2013.
As part of the consent decree, which still needs to be approved by a federal judge, the borough will permit Valley Chabad to construct a new Chabad house on its property.
“RLUIPA protects the rights of every religious community to worship free of unlawful burdens,” U.S. Attorney Craig Carpenito said in a statement. ... “Through our actions today, we have taken steps to ensure that Valley Chabad and its members will no longer face unlawful barriers in their practice of religion.”
For years, the congregation had tried to purchase property in Woodcliff Lake in order to build a worship center big enough for its needs. According to the lawsuit filed by federal authorities in 2018, on three separate occasions, the borough purchased or re-zoned the parcels Valley Chabad attempted to purchase, preventing development of a Chabad house.
The borough also denied the congregation’s applications for zoning relief to expand on its existing property, according to the complaint.
“The United States is, and must always remain, committed to the right of all people to practice their faith and worship together,” Eric Dreiband, assistant Attorney General of the civil rights division, said in a statement. “The United States Department of Justice will continue to fight against any unlawful deprivation of the right of all people to practice their faith.”
In addition to allowing Valley Chabad to construct the worship center, the consent decree stipulates that Woodcliff Lake must not violate the RLUIPA and it requires the borough to establish a procedure for receiving and resolving RLUIPA complaints, train its employees on the act’s requirements, and submit regular reports to the United States and the court on its compliance.
The U.S. Attorney’s office also announced that the Valley Chabad congregation had settled their own private lawsuit against Woodcliff Lake. The borough agreed to pay Chabad $1.5 million to resolve its claims for damages and attorney’s fees.
The borough council agreed to enter into settlements Monday.
“We are very grateful for the Council’s decision, and look forward to serving Woodcliff Lake in years to come,” Rabbi Dov Drizin said in a statement.
In a joint statement, the borough council said the settlement with Valley Chabad “puts an end to the expensive and protracted legal proceedings that negatively impact Woodcliff Lake taxpayers and marks the beginning of a new chapter for the Borough and Valley Chabad.”
“We in Woodcliff Lake pride ourselves on being a welcoming community,” the statement said. “At the heart of this voluntary settlement is our commitment to this principle by both the Borough of Woodcliff Lake and Valley Chabad.”
This story has been updated with a comment from Woodcliff Lake officials.
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Joe Atmonavage may be reached at jatmonavage@njadvancemedia.com.