Muslim Groups in New York and New Jersey Take Zoning Fights to Court
BAY SHORE, N.Y. — A Muslim nonprofit on Long Island has sued the Town of Islip's Zoning Board of Appeals, asking a state judge to overturn a ruling that blocked students from boarding at its planned school in Bay Shore. The suit, filed Thursday, Oct. 22, is the second legal fight over a Muslim religious building in the New York area in less than a month. In Marlboro, N.J., a Muslim congregation that has no mosque in its town filed a federal lawsuit in September after the township's zoning board denied its plan to build one.
Both groups say anti-Muslim sentiment shaped the decisions against them. Local officials in Marlboro deny it, and Islip has not commented.
The Bay Shore boarding school
The United American Muslim Association (UAMA) bought the property at 26 Saxton Ave. in Bay Shore for more than $5 million last year, the New York Post reported. It plans to open Bay Shore Academy, an all-boys school that would house 120 students. From 1926 to 1972, the Montfort Missionaries ran a Catholic seminary and boarding school on the same site, according to the lawsuit as described by News 12 Long Island.
According to the filing, the town's plans examiner confirmed in writing before the purchase that both the school and the boarding use were allowed. Two residents appealed in May. After a packed, five-hour public meeting in July, the Zoning Board of Appeals voted 3-1 in September that the boarding part of the plan is not a permitted accessory use, while still allowing the day school, the Post reported at the time.
UAMA's lawsuit asks the court to annul that ruling. It says the decision forces the school to seek discretionary approvals that could delay its opening by months, and that "the ZBA Decision must not be permitted to stand," News 12 reported. The filing also includes screenshots of hostile anti-Muslim comments posted about the school in local Facebook groups, according to the Post. A town spokesperson told News 12 the town had "no comment" on the lawsuit.
"For nearly fifty years, students lived, learned and prayed on this property," said Muhammad Faridi, the attorney representing UAMA, according to the Post. "The faith of the students may change, [but] the law's protection must remain constant."
A five-year wait for a mosque in Marlboro
In Monmouth County, N.J., the Marlboro Muslim Center and its president, Mohammad Tahir, filed a federal complaint on Sept. 28 against Marlboro Township, its zoning board, Mayor Jonathan Hornik and members of the township council. The case is in the U.S. District Court for the District of New Jersey.
The group first applied in September 2021 to build a 13,337-square-foot mosque on five acres it owns at 449 Tennent Road, NJ.com reported. New Jersey law gives a zoning board 120 days to decide a use variance application, but the board did not rule for nearly five years, the lawsuit says. Tahir went to state court in October 2025 to force hearings, and after hearings this spring the board denied the application on June 23, 2026.
There is no mosque in Marlboro. The complaint says the town has at least ten houses of worship serving its Christian, Jewish and Hindu residents. Muslim residents rent the former Morganville Firehouse from the township for one hour each Friday, an arrangement the group says allows only an abbreviated prayer service and lacks separate space for women to pray.
The suit also points to a campaign flyer from Councilman Nick Stella that mentioned the proposed worship house on Tennent Road and promised that "a vote for us is a vote to stop the development," according to NJ.com. Stella did not respond to NJ.com's request for comment.
The township responds
Hornik said on Oct. 16 that the decision was not rooted in bias and that the township is "prepared to vigorously defend the Township in this suit," NJ.com reported. He said religious organizations are an important part of the community, but that not every location in town is suitable for a facility that size. He also said his administration has supported the Muslim community, including by making public buildings available for its services.
The mayor's statement describes a 20,000-square-foot facility. The Muslim Center's application, as described by NJ.com and the complaint, was for a 13,337-square-foot mosque.
What the law says
The Marlboro lawsuit is built on the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law passed in 2000. According to the U.S. Department of Justice, the law protects houses of worship and other religious institutions from discrimination in zoning and landmarking. It bars local rules that place a substantial burden on religious exercise unless they are the least restrictive way to serve a compelling government interest. It also bars treating religious groups worse than nonreligious ones, discriminating based on religion, and totally excluding or unreasonably limiting religious assemblies in a town.
Religious groups can bring RLUIPA claims in federal or state court, and the Justice Department can also investigate and sue. Congregations that believe they face zoning discrimination can contact the department's Civil Rights Division at 202-514-4609 or rluipa.complaints@usdoj.gov.
Why it matters
For many Muslim communities, a building is the difference between praying in a rented room for an hour a week and having a place for daily prayer, classes and family life. Both lawsuits are at an early stage, and none of the claims have been decided by a court. How judges in New York and New Jersey rule could shape how local boards handle future applications from mosques and Islamic schools in the region.
Sources: New York Post (Oct. 22, 2026); News 12 Long Island (Oct. 22, 2026); New York Post (Sept. 24, 2026); NJ.com (October 2026); Marlboro Muslim Center federal complaint (Sept. 28, 2026); U.S. Department of Justice. Photos: DanTD / Wikimedia Commons; Carol M. Highsmith / Library of Congress via Wikimedia Commons.
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