Did You Know?

Fair Housing and the Holidays

The Civil Rights Act of 1968, Title VIII of the Federal Fair Housing Law provides people the right to inherit, purchase, lease, sell, hold and convey both real and personal property regardless of race, color, religion, sex, national origin, handicap, or familial status. California laws add marital status, citizenship status, military status, ancestry, age, sexual orientation, medical condition, source of income and physical and mental disability to the list of those protected from discrimination.

While we want to be on our guard against inadvertently making a fair housing violation at any time during the year, the holiday season presents additional opportunities to unintentionally discriminate, especially where religion is concerned. To avoid violation of federal and state fair housing laws, landlords and property managers must avoid expressing a preference for one religion over another or giving an advantage to one resident over another because of religious preferences. Let's see how that could happen.

It is common during this time of year to distribute holiday cards and/or gifts. Fair housing laws do not prohibit the giving of cards or gifts. But to avoid a violation, you should select cards and gifts that do not contain religious references or express a preference for one religion over another. For example, you should select cards that say, "Happy Holidays," or "Season's Greetings," as opposed to cards that say, "Merry Christmas." You may think you know the religious preferences of your residents, especially if you have only a few rentals. However, it is better not to take a chance on making a mistake and offending someone. You may have residents who are not religious or do not celebrate religious holidays, such as Jehovah's Witnesses. Some property managers, in an effort to keep their names and numbers in front of their clients, distribute calendars during December. Be sure that the calendar does not have any religious overtones to its design. If you want the calendar to reflect the holiday season, it could, perhaps have a poinsettia on it or a snowman, as opposed to a nativity scene. And certainly, if you send or distribute cards and/or gifts to any of your residents, be sure to distribute them to all of your residents. Do not leave any resident out because of his religious belief or lack of religious belief.

If you operate your landlording or property management business from an office where you regularly see clients, residents, and prospective residents, be sure that any holiday decorations you use are not religious in nature. Like your holiday cards, your signage should say, "Season's Greetings" or "Happy Holidays," as opposed to "Merry Christmas" or "Happy Hanukkah." Decorate with candy canes and snowflakes as opposed to a creche. If you put up a tree, decorate it with non-religious ornaments. Even a star on top might be questionable, so don't take a chance on offending someone. The holiday tree that is displayed in our office this year is decorated with little "house" ornaments, representing the property management business. You could also do a seashell theme, a Sesame Street theme, a zoo theme, etc.

On the other hand, it is perfectly acceptable to permit your residents to display any type of holiday decorations they prefer, even religious ones. If you do have any rules regarding what can be hung or displayed on your properties, be sure to apply your rules equally among all your residents, and be sure that your rules do not express a preference for any religion.

And finally, do not ask your residents' children what Santa Claus is going to bring them. While this question is not religious in nature, it does reflect cultural preferences. Some parents elect to promote the Santa Claus legend, and some do not. One of my friends elected to explain to her daughter at a very early age that Santa Claus is a fun, but mythical character associated with Christmas. So at three years old, when asked by an adult what Santa was going to bring her for Christmas, her daughter replied, "Well, first of all, Santa Claus is not real. And second, Christmas is not about getting gifts," whereby she proceeded to explain what she had been taught that Christmas is all about! I'm not sure how I would have responded to that!