November 2023 - Religion

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Welcome Note

Well, we made it to the holiday season and this month, we’ll look at Religious based protections as a reminder that all religions, beliefs, and expressions of faith are protected under the Fair Housing Act. While many of our traditions have become cultural, many others remain closely tied to spirituality and are not universally practiced. It’s important to keep this in mind throughout the year.

Fair Housing & Religion

  • 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. (1)

  • “Religion” includes both the practice and non-practice of religion, such as atheism, as well as religions that are outside the mainstream. (2)

  • However, a housing provider is not required to provide an accommodation from a neutrally applied rule for a person with religious needs. (3)

  • Religious based housing complaints were the lowest of all categories nationwide in 2022 at 1%. (4)

  • However, in regards to complaints filed with local enforcement agencies, religious based complaint increased by 13% in 2022. (5)

  • This coincides with an increase in religious based hate crimes across the nation, including recorded incidents of anti-semitism reaching nearly 3,700 in 2022 alone, the most since tracking began in 1979. (6)

  1. https://www.fairhousingnc.org/wp-content/uploads/2019/04/Fair-Housing-and-Religious-Discrimination.pdf

  2. Id.

  3. Id.

  4. https://nationalfairhousing.org/wp-content/uploads/2023/08/2023-Trends-Report-Final.pdf

  5. Id. at 18

  6. https://www.reuters.com/world/us/us-antisemitic-incidents-up-about-400-since-israel-hamas-war-began-report-says-2023-10-25/

So What Does It All Mean?

  • As with all types of discrimination, when religious based discrimination becomes more prominent in public and in the news, it ALWAYS works its way into housing transactions.

  • As more people misunderstand or are ignorant of their rights, they are less likely to exercise them.

  • As more people get away with discriminating behaviors and practices, the more they feel empowered to continue such activities and treatment.

What Can We Do?

  • The Fair Housing Act is very clear that any denial of housing or different terms and conditions for tenancy or sales based on religion, faith, spirituality or beliefs is a violation of law. Some examples include:

    • Allowing some tenants to put up Christmas lights, but telling others they cannot put up decorations for their non-Christian holidays.

    • Telling tenant applicants that they won’t like a neighborhood because there isn’t a mosque, synagogue or church nearby.

    • Prohibiting use of a community room for religious purposes, while allowing tenants to use them for secular gatherings, such as parties.

  • It’s important to remember that landlords and housing providers are not to question or measure the practice or faith of a tenant or housing applicant with any sort of evidence based test. One’s faith is a private matter and is not to be ‘called out’ or determined false.

  • Lookout for our neighbors and remember that all of us deserve an equal opportunity to enjoy our housing in a manner that makes us feel safe and comfortable in our own space.

Community Outreach

Upcoming Outreach Events

December 7 - Florida Partnership to End Domestic Violence Presentation

December 8 -  Holiday Resource Fair for Haitian Crime Victims

December 12 - Learn to Read - Palatka Presentation

December 13 - Mi Familia Vota - Immigrant Family Resource Night

What We’ve Been Up To

Avalon Presentation

This month the Fair Housing team was invited to return to Avalon Park for their annual Fair Housing training. It is always a pleasure to present to housing providers and answer their questions about Fair Housing. We are thankful for this ongoing partnership with Avalon Park.

Resource Fair for Veterans Palatka - After originally tabling with the VA in Palatka in September, we were invited to participate in this event for Veterans Day. It was a great opportunity to connect with Veterans in our service area and meet other organizations we could work with to continue providing fair housing information. Thank you so much to the Palatka Va and the Palm Coast Library Branch for making this event happen.

Presentation for United Way of North Central FL - Our month continued with a virtual presentation to the Keys to Home group led by the United Way of North Central Florida. Keys to Home is a group composed of several nonprofits that oversee the homeless response system in Alachua, Bradford, Gilchrist, Levy, and Putnam county and connect individuals experiencing homelessness with information and resources. It was a great opportunity to present ourselves as a resource across several counties in our service area.

Learn to Read of St. Johns County - Adult English Language Learning and Legal Topics- Our program manager, Joseph, continues to bring Fair Housing topics to the english learning adult program at St. Johns.

Flagler Cares Health & Housing Continuum Presentation - FLS was asked to present on the overlap and effect that new Florida immigration laws are having on families. This presentation was unique as it explained the new laws, discussed immigration patterns, and showed how families are affected in their homes and day-to-day lives with increased discrimination.

Flagler College - ADA & FHA Disability Night Presentation and Panel - Our project manager was invited to speak at the Flagler College Disability Awareness event and present on FHA related issues such as Reasonable Accommodation and Modifications, service and emotional support animals, and where the ADA and FHA complement one another. This was a very successful event with over 30 students and faculty in attendance.

Matanzas High School - Law & Justice Presentation

Thanks you to Matanzas High School in Palm Coast for inviting us back to speak to your Law & Justice class, where we discussed the history of the Fair Housing Act and how to apply unique legal theories such as Disparate Impact to common practices.

State & Nationwide Legal Update

  • On March 27, 2023, the United States filed a Statement of Interest in Lost Lake Holdings, LLC v. Town of Forestburgh (S.D.N.Y.), a private lawsuit alleging discrimination based on religion under the Fair Housing Act.  The lawsuit alleges that the Town of Forestburgh and other municipal defendants engaged in a series of discriminatory acts to prevent an Orthodox Jewish developer from building a subdivision in Forestburgh because the defendants believed that it would attract Orthodox Jews.  The statement argues that the plaintiffs’ Fair Housing Act claims, premised in part on the Zoning Board of Appeals’ denial of their building permit applications, are ripe and that the plaintiffs, who alleged lost profits and lost home sales, have standing to assert their FHA claims.

 

The federal Fair Housing Act (FHA) protects you from discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. This applies to renting, buying, mortgages, appraisals, insurance, and looking for a place to live.

 
 

IF YOU THINK YOU’VE BEEN THE VICTIM OF HOUSING DISCRIMINATION, PLEASE CONTACT US AT:
407-801- 4224
850-680-1729 (Spanish)
fairhousing@floridalegal.org
www.floridalegal.org/fairhousing

The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. 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.

 
Joseph Cordova