Land Use & Zoning

A Connecticut municipality refuses to grant a special permit to a homeless shelter because neighbors oppose it. The refusal to grant the permit may violate:

AOnly local zoning law
BThe Religious Land Use and Institutionalized Persons Act (RLUIPA) and/or the Fair Housing Act, which protect uses related to religion and housing for protected classes✓ Correct
COnly state environmental law
DOnly if the applicant is a religious organization

Explanation

Local governments may not use zoning to exclude uses serving protected classes under the FHA (disability) without a legitimate, substantial justification. Homeless shelters often serve people with disabilities.

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