Airmont To Allow Yeshiva And Dorms In Settlement of Discrimation Lawsuit

The Village of Airmont has agreed to scrap its zoning restrictions that prohibit religious schools which including student housing in a settlement to end a religious discrimination lawsuit brought by the U.S. Attorney’s Office.

The settlement, which includes a $10,000 fine against Airmont, will eventually allow Congregation Mischknois Lavier Yakov to build a yeshiva on land it purchased in Airmont in 2001, according to Preet Bharara, U.S. Attorney for the Southern District of New York.

"The Village of Airmont did the right thing by agreeing to amend its zoning law and by allowing Congregation Mischknois Lavier Yakov to build a school and student housing on land it purchased almost 10 years ago,” Bharara said. “As this case demonstrates, we will vigorously enforce the federal civil rights laws against those who discriminate based on religion."

The settlement also provides that the lawsuit can be reinstated if Airmont fails to amend its zoning code to comply with federal law prohibiting discrimination and unreasonable impositions on religious freedom by Oct. 15. The settlement was approved Friday by U.S. District Judge Lewis A. Kaplan.

The 2005 federal lawsuit charged that Airmont violated the Fair Housing Act and laws covering religious institutions in 2002 by rejecting Congregation Mischknois Lavier Yakov’s request to build a religious school on a 19-acre parcel on Hillside Avenue. The village Planning Board rejection was based on local zoning that prohibits residential student housing.

Airmont’s zoning prohibits boarding schools, including religious boarding schools. However, the village’s zoning permits condominium developments, "family and group care" facilities, sleep-away camps, hotels and nursing homes.

The federal lawsuit charged Airmont violated federal laws that prohibit governmental entities from implementing land use laws in a manner that imposes a substantial burden on religious institutions. The lawsuit also charged Airmont illegally prohibited residential student housing based on religion.

Airmont has agreed to permit the construction of the yeshiva. In addition to the $10,000 fine, Airmont has also agreed to comply with notice and record-keeping requirements to ensure that village officials are knowledgeable about and comply federal laws. The village also agreed to allow the government to monitor Airmont’s compliance with federal laws.