Final Report of the Interfaith Commission to Study the Landmarking of Religious Property

IV. CONCLUSIONS AND RECOMMENDATIONS

Following the year-long study of the impact of the official landmarking of religious property in the City of New York, it is the conclusion of this Interfaith Commission that the landmarks preservation law of the City is unworkable and unacceptable with regard to property owned by nonprofit organizations in general, and religious organizations in particular.

It is also our conclusion that the law has become a convenient means of abusing the civil and property rights of owner organizations by a variety of elected, appointed, and self-appointed individuals who bear no responsibility for the on-going work of the religious congregations involved.

It is our conclusion, further, that the law as presently written and implemented violates directly the constitutional prohibition against governmental interference with the free exercise of religion in this City.

For these reasons, as documented herein, this Interfaith Commission recommends the adoption by the Committee of Religious Leaders of the following resolution:

RESOLUTION

WHEREAS, the Committee of Religious Leaders has caused to be established the Interfaith Commission to Study the Landmarking of Religious Property, to be made up of members named by the various Faiths.

AND WHEREAS, the Interfaith Commission has met regularly, and has been in dialogue with the Chairman and two senior staff officers of the Landmarks Preservation Commission and with other City officials and has submitted its Final Report;

AND WHEREAS, the interim report of the Interfaith Commission has been adopted by the Committee of Religious Leaders, including the Statement of Principles, contained therein;

AND WHEREAS, the First Amendment to the Constitution of the United States provides protection with respect to religious institutions over and above the protection provided to other institutions, viz. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ....";

AND WHEREAS, the present landmarks preservation law restricts the right of a congregation to decide which of its resources are to be used for its mission and which, if any, are to be allocated to architectural preservation;

AND WHEREAS, this interference with religious decision-making and ministry goes far beyond the legitimate right of government to require all owners (whether religious or otherwise) to maintain their buildings so as to protect the public safety and health;

 

NOW THEREFORE BE IT RESOLVED,

I. That the Final Report of the Interfaith Commission To Study the Landmarking of Religious Property be approved.

II. That the Committee of Religious Leaders shall prepare or cause to be prepared proposed legislation to amend the State and City landmarks laws, and that such legislation shall include the following provisions, among others:

 

a) A provision that no consideration shall be given by the landmarking authority to the landmarking of a property owned by a religious organization unless prior notice regarding such intended consideration be given to the official governing body of the congregation and its denominational judicatory or agency, if such exist.

b) A provision that, if any entity entitled to receive such notice shall file with the landmarking authority a statement that, in the opinion of that entity, the proposed designation will interfere with the present or future needs of ministry, either at its present or another location or both, the authority shall thereupon desist from further consideration of the matter.

c) A provision that, if any such entity should at any time file such a statement with the landmarking authority with respect to any property it owns or controls and which has at any time, whether before or after the effective date of the legislation, been designated as a landmark, the authority shall thereupon vacate its landmarking action or modify it as requested by such entity.

d) A provision requiring payment by the appropriate governmental body to the religious organization of all loss and expense, including loss of sale, rental or other opportunities, caused by the landmark designation of its property or consumed by the administrative process for designation or for removal of designation.

e) A provision clearly and unequivocally stating that the foregoing provisions respecting the property owned by religious organizations are made not because of special favor or political expediency but due to the protection provided to religious ministry by the United States Constitution.

III. That all Church and Synagogue authorities be encouraged to take prompt and substantial action to make their congregations and the leaders thereof aware of all the implications of the landmarking of religious structures and the threat this poses to religious freedom.
 

Respectfully submitted,

THE INTERFAITH COMMISSION

TO STUDY THE LANDMARKING

OF RELIGIOUS PROPERTY

By
(Rev.) N. J. L'Heureux, Jr., Chairman

 
 
Queens Federation of Churches http://www.QueensChurches.org/ Last Updated February 2, 2005