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Lawsuit Says Village's Creation and Zoning Discriminate Against Hasidic Jews

By Howard M. Friedman

Last week, a group of Hasidic Jews who own land now located in the New York village of South Blooming Grove filed an interesting religious discrimination suit alleging violations of the federal Fair Housing Act and the 14th Amendment's Equal Protection Clause. The Middletown (NY) Times Herald-Record reported Friday on the federal lawsuit that claims a separate village was initially created, and its zoning polices were pursued, to prevent the largely Hasidic Jewish community in neighboring Kiyas Joel from expanding to nearby land. The complaint (full text) in Berkovitz v. Village of South Blooming Grove, (SDNY, filed 1/12/2009), cites a two and one-half year moratorium on development projects. It also focuses on a proposed zoning ordinance that is allegedly aimed at preventing construction of affordable housing on large parcels of land. It would ban two-family duplexes and impose a conservation overlay on large parcels like a former bungalow colony and golf course owned by some of the developers. Plaintiffs in the case own 1400 acres, nearly half of the land in the village. [Thanks to J.J. Landa for the lead.]

Full post as published by Religion Clause on January 19, 2009 (boomark / email).