Atlantic Beach, New York, must file a zoning amendment with the New York Secretary of State by October 31 under a settlement resolving federal religious-land-use claims. The signed agreement says the village adopted the change October 19; filing is the step that makes it effective.
The permit requirement being removed
The Justice Department announced the agreement October 21. It says the village required religious or educational assembly uses to obtain a special exception permit while comparable nonreligious assembly uses did not face that requirement.
The agreement requires the village to eliminate that special exception requirement and permit places of worship in its Residential A district. This addresses the terms on which religious uses are permitted, rather than announcing that every building proposal has been approved.
The department concluded that the existing requirement violated the equal-terms protection in the Religious Land Use and Institutionalized Persons Act, known as RLUIPA. The village denies that conclusion, the agreement states. The parties agreed to resolve the investigation without litigating it.
An earlier lawsuit did not change this rule
The federal investigation followed the village zoning board's denial of a special exception permit to Chabad of the Beaches, an Orthodox Jewish congregation seeking to convert a vacant bank building into a community center and religious gathering place.
The agreement says that private lawsuit led to a consent decree entered July 29, 2025. That decree did not require the village to amend the special exception rule. The new federal settlement addresses that remaining requirement.
The October 19 adoption date and October 31 filing deadline come from the signed agreement's schedule. The state filing record was not independently verified for this report, so adoption should not be read as confirmation that the change is already effective.
Complaints and oversight
The settlement lasts 24 months from its effective date, defined as the last signature date. It requires training for covered officials, public notice and a complaint procedure approved by the United States.
That procedure must accept oral and written complaints and provide written responses within 15 days of receipt. The village must also report relevant complaints to the United States. The agreement requires periodic compliance reports and notice to federal officials before future land-use amendments affecting assembly or religious uses.
The department's announcement directs people reporting religious land-use discrimination to (800) 896-7743 or its online RLUIPA complaint portal.