The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc to 2000cc-5, protects individuals, houses of worship, and other religious institutions from discriminatory or unduly burdensome zoning and other land use laws. The Attorney General is authorized to investigate alleged RLUIPA violations and bring lawsuits to enforce the statute. This authority has been assigned to the Assistant Attorney General for the Civil Rights Division. The Housing and Civil Enforcement Section enforces the religious land use provisions of RLUIPA, which provide for injunctive or declaratory relief. Individuals, houses of worship, and other religious institutions can also bring lawsuits in federal or state court to enforce RLUIPA.

When a United States Attorney’s Office receives a complaint or other information suggesting a violation of the religious land use provisions of RLUIPA, that office should forward the complaint or other information to the Housing and Civil Enforcement Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Housing and Civil Enforcement Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

NOTE: The Special Litigation Section handles the Department of Justice’s enforcement of RLUIPA’s institutionalized persons provisions (see JM 8-2.266).

[updated December 2022]