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17. What can a local government do to avoid liability under RLUIPA? RLUIPA contains a “safe harbor” provision that protects a local government from application of RLUIPA’s enforcement provisions if it takes steps to ameliorate the violation. Section 4(e) provides that a local government can avoid the force of RLUIPA’s provisions by: • changing the policy or practice that results in a substantial burden on religious exercise; • retaining the policy or practice and exempting the substantially burdened religious exercise; • providing exemptions from the policy or practice for applications that substantially burden religious exercise; or • any other means that eliminates the substantial burden. 18. What is the Department of Justice’s role in enforcing RLUIPA? The Department of Justice is authorized to file a lawsuit under RLUIPA for declaratory or injunctive relief, but not for damages. For example, the Department may bring suit seeking an order from a court requiring a municipality that has violated RLUIPA to amend its discriminatory zoning codes or grant specific zoning permits to a place of worship, religious school, or other religious use. However, the Department may not seek monetary awards on behalf of persons or institutions that have been injured. Those who have suffered monetary damages from RLUIPA violations must file individual suits. The Housing and Civil Enforcement Section of the Civil Rights Division has the delegated authority within the Department to investigate and bring RLUIPA lawsuits, both on its own and in conjunction with United States Attorney’s offices around the country. If you believe you have a potential RLUIPA violation case, you should bring it to the attention of the Department of Justice as soon as possible to allow adequate time for review. The Department receives many complaints from individuals and groups whose rights under RLUIPA may have been violated. While it cannot bring suit in all cases, the Department may take a number of actions in addition to filing suit to resolve RLUIPA matters. The Department may involve the Community Relations Service (CRS) to address community unrest or discord. It may contact the municipality to educate it regarding its obligations under RLUIPA. It may file an amicus brief to weigh in on an important point of law. In deciding whether to file suit, the Department considers a number of factors including whether a case involves important or recurring issues, particularly serious violations of law, or if it is a case that will set precedent for future cases. Many of the Department’s cases have been resolved by negotiating consent decrees that lay out a municipality’s specific obligations to comply with the law. Aggrieved individuals and institutions are encouraged to seek private counsel to protect their rights, in addition to contacting the Department of Justice. 4-79