Fair Housing Reminders During the Holidays

As we approach the holiday season, it is important to remember the fair housing prohibition against discrimination on the basis of religion.

There is absolutely nothing wrong with being festive during the holidays. Seasonal decorations do not have to be outlawed and the season can be celebrated without promoting a particular religion or particular religious holiday.

The three major religions in the United States are Christianity, Judaism, and Islam, but many other religions are represented in our Nation. A growing number of Asian Americans has led to a growth of non-Abrahamic faiths in the U.S. – especially Buddhism and Hinduism. Buddhists and Hindus now account for two percent of the U.S. population, which is the same as the Jewish population. Also, many Americans now have no religious affiliation, with more than 13 million describing themselves as agnostic or atheist.

There are a few points all operators of multifamily housing should remember as we head into the holidays:

  1. Make everyone feel welcome at your property. There is nothing wrong with decorating your property in a festive way, but make sure the decorations do not appear to promote a particular religion or religious holiday. In other words, even if most of your residents are Christian, don’t focus solely on Christmas.
  2. When decorating for the holidays, be inclusive. Being festive is great – just don’t send the message that anyone is unwelcome because of his or her religious beliefs. There is nothing wrong with secular messages such as “Season’s Greetings” or “Happy Holidays.” Decorations such as lights, evergreens, icicles and snowflakes always work, and never suggest one religion over another. HUD now recognizes even the image of Santa Claus and the expression “Merry Christmas” as being secular (non-religious). Also, Christmas trees and Menorahs are now considered non-religious for fair housing purposes (but Nativity scenes are still considered to be religious). It is important to remember that religious displays – as well as non-religious displays – are permissible in common areas, as long as the same opportunity is made available to all religions.
  3. When communicating with prospects by phone, email or in any other way, use non-religious language. While you won’t get into trouble for using the term “Merry Christmas” when welcoming people to your community, since you don’t know the religion of a prospect, a more professional term would be “happy holidays.”
  4. Keep all community activities religion neutral. Make sure that none of your events are religious in nature or promote a particular holiday. For example, if you have a holiday party, don’t call it a Christmas party or play Christmas carols with religious themes.
  5. If you allow common areas to be used for private activities, allow equal access. Make it available to residents regardless of whether they want to use it for secular or religious purposes. The Department of Justice has indicated that it is unlawful for communities to allow residents to reserve a community room for social events such as bingo or birthday parties, but deny it to residents who want to hold a prayer meeting. Also, if religious activities are permitted, it must be allowed for all religions.
  6. Allow residents to display religious decorations in their units. When it comes to what residents do inside their units, they should be allowed to display whatever holiday decorations they wish as long as they do not violate community rules (e.g., the use of candles or live Christmas trees). When it comes to the outside of doors or mantles, residents should be allowed to decorate as they desire, unless the lease gives more control to the landlord.
  7. Any complaints regarding religious discrimination or harassment should be promptly addressed. It is especially important to address disputes among neighbors – especially if they involve religious discrimination.

Bottom line – have a good time during the holidays. Make the community festive and welcoming – but don’t make anyone feel unwelcome or uncomfortable due to their religion.

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