New York A 152: Enacts the New York religious land use and religious exercise act

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A00152 Summary:

BILL NOA00152 

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SAME ASNo Same As

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SPONSOREichenstein

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COSPNSR

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MLTSPNSR

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Ren Art 10 §§100 & 101 to be Art 15 §§150 & 151, add Art 10 §§100 - 107, Civ Rts L

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Enacts the New York religious land use and religious exercise act prohibiting unreasonable restriction on regulations affecting religious land use or affecting religious exercise of institutionalized persons.

Go to top A00152 Actions:

BILL NOA00152 

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01/08/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA00152 Committee&nbspVotes:

Go to topA00152 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00152 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 152

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. EICHENSTEIN -- read once and referred to the
 Committee on Governmental Operations

 AN ACT to amend the civil rights law, in relation to enacting the New
 York religious land use and religious exercise act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "New York
 2 religious land use and religious exercise act".
 3 § 2. Article 10 and sections 100 and 101 of the civil rights law, as
 4 renumbered by chapter 263 of the laws of 2019, are renumbered article 15
 5 and sections 150 and 151, respectively.
 6 § 3. The civil rights law is amended by adding a new article 10 to
 7 read as follows:
 8 ARTICLE 10
 9 RELIGIOUS LAND USE AND RELIGIOUS EXERCISE
 10 Section 100. Definitions.
 11 101. Restriction on regulations affecting religious land use.
 12 102. Restriction on regulations affecting religious exercise of
 13 institutionalized persons.
 14 103. Government discretion in alleviating burdens on religious
 15 exercise.
 16 104. Judicial relief.
 17 105. Rules of construction.
 18 106. Broad construction.
 19 107. Severability.
 20 § 100. Definitions. As used in this article:
 21 1. "Claimant" means a person raising a claim or defense under this
 22 article.
 23 2. "Demonstrates" means meets the burdens of going forward with the
 24 evidence and of persuasion.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00542-01-5

 A. 152 2

 1 3. "Free exercise clause" means that portion of the first amendment to
 2 the Constitution that proscribes laws prohibiting the free exercise of
 3 religion.
 4 4. "Government" means:
 5 (a) the state;
 6 (b) the governing board of a municipal corporation as such terms are
 7 defined in section two of the general municipal law;
 8 (c) any other governmental entity created under the authority of the
 9 state or a municipal corporation, including but not limited to any
 10 branch, department, agency or instrumentality; or
 11 (d) any other person acting under color of state law.
 12 5. "Institution" means an institution, as defined in section 2 of the
 13 Civil Rights of Institutionalized Persons Act (42 U.S.C. § 1997).
 14 6. "Land use regulation" means a zoning or landmarking law, or the
 15 application of such a law, that limits or restricts a claimant's use or
 16 development of land (including a structure affixed to land), if the
 17 claimant has an ownership, leasehold, easement, servitude, or other
 18 property interest in the regulated land or a contract or option to
 19 acquire such an interest.
 20 7. "Native American tribe" means those tribes, bands or other organ-
 21 ized groups of Indians recognized in the state or considered by the
 22 federal secretary of the interior to be a Native American or Indian
 23 tribe or a Native American or Indian organization for any purpose.
 24 8. "Person" means any natural person, partnership, corporation, compa-
 25 ny, trust, association or other entity, however organized.
 26 9. "Program or activity" means all of the operations of any entity as
 27 described in paragraph (1) or (2) of section 606 of the Civil Rights Act
 28 of 1964 (42 U.S.C. § 2000d-4a).
 29 10. "Religious exercise" includes any exercise of religion, whether or
 30 not compelled by, or central to