Housing Protections for Religious Discrimination

Religious Discrimination and Anti-Semitism and Islamophobia

Protections under the Fair Housing Act

The Fair Housing Act (FHA) prohibits discrimination in housing based on race, color, sex, religion, national origin, disability, or familial status. These are considered “protected classes.”

The Fair Housing Act prohibits housing providers from treating renters or homebuyers differently because of their religion or because they wear religious clothing or engage in religious practices and rituals. “Religion” may include both the practice and non-practice of a religion.

However, a housing provider is not required to provide an accommodation from a neutrally applied rule for a person with religious needs. 

Antisemitism or Islamophobia

Antisemitism, Islamophobia, and related forms of bias and discrimination are forms of religious discrimination covered under the federal Fair Housing Act if they occur in the sale or rental of housing.  

Examples of Possible Fair Housing Violations

Fair housing violations on the basis of religion might include, but are not limited to, refusing to rent to women who wear religious headscarves; allowing only tenants of a certain religion to hang religious decorations outside their apartments; or a housing provider telling tenant applicants they will not like a neighborhood because there is no synagogue, mosque, or church nearby.

Religious Objects, Items, or Decorations

Whether people include religious items or symbols in their individual units is their own decision so long as it does not violate reasonable safety or sanitation rules or laws.

In addition, if tenants are permitted to put items or decorations on their apartment doors, religious individuals should be allowed to put religious items or decorations on their doors, such as a Jewish mezuzah (religious ornament on one’s doorframe) or a Christian wreath or cross.

Religious Institutions Under the FHA

Housing owned or operated by a religious organization must comply with all provisions of the Fair Housing Act, with limited exceptions. 

A religious institution or affiliated organization providing housing may favor or give a preference to persons of the same religion only if: 

  1. it is offering the housing for non-commercial purposes; and 
  2. the religion does not discriminate on the basis of race, color, or national origin. 

Even if this limited exception applies, the religious organization can only give a preference based on religion and may not discriminate based on any of the other protected classes. 

Additionally, religious housing providers that receive HUD or other federal funds, such as shelters or transitional housing, cannot discriminate on the basis of religion.

Contact Us:

If you believe you have been discriminated against in violation of the Fair Housing Act or you just have questions about your fair housing rights, contact Idaho Legal Aid Services online and fill out our application for services at www.idaholegalaid.org or call us at: (208) 746-7541, Mondays – Thursdays, between 10:00 a.m. – 1:30 p.m. MST, for free legal advice.

Make a Fair Housing Complaint:

After you speak with one of our attorneys about your legal rights, we may recommend that you make a fair housing complaint. 

To report an act of discrimination based on a protected class under the Fair Housing Act, contact The Department of Housing and Urban Development. 

Disclaimer: The work that provided the basis for this ad is supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government.

 

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