The Township argued on summary judgment that eminent domain proceedings are not covered by RLUIPA. The Township commenced eminent domain proceedings against the Albanian Association Fund's land while its application for a conditional use permit to construct a mosque on that land was pending before the Township's Planning Board. N.J.), a Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) case brought by plaintiffs who are seeking to construct a mosque in the Township. N.J.) On July 20, 2007, the court granted the United States' motion for leave to file an amicus brief in Albanian Associated Fund, Inc. The court agreed, finding that the failure to provide “unimpeded access” to the front door to persons who use wheelchairs, including not just those who live in the unit but also a “neighbor, friend, or family member, a political candidate, or a repairman,” is “in effect, to send them away as if unwelcome,” and “precisely the discrimination the FHAA forbids.”Īlbanian Associated Fund, Inc. The United States filed a Statement of Interest arguing that, under the Act, the front doors and walkways are “public use and common use portions” of covered dwellings and therefore required to be accessible, regardless whether there is another accessible route into the unit. Defendants argued that their only obligation was to provide an accessible route into the unit, which, they alleged, they had done by providing an accessible route through the garage. At issue was whether, under the Fair Housing Act’s accessibility requirements for newly-constructed multifamily dwellings, the front door and walkway leading to a covered unit are required to be accessible to persons with disabilities. On August 10, 2020, the court issued an order granting partial summary judgment in favor of the plaintiffs and against the defendants in Ability Center, et al.
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