Everyone deserves a safe place to call home regardless of what they believe or how they worship. In the United States, freedom of religion is a fundamental right, and that freedom includes the right to access housing without bias, barriers, or exclusion.
Both federal and state fair housing laws protect individuals and families from being treated unfairly because of their religion. However, religious discrimination in housing still happens often in subtle or hidden ways that people don’t immediately recognize as unlawful discrimination. Understanding your rights (or responsibilities, if you’re a housing provider) is the first step to ensuring that housing discrimination based on religion does not occur.
Fair housing protections apply to all religions and denominations including Christianity, Judaism, Islam, Hinduism, Buddhism, Sikhism, indigenous spiritual practices, and others as well as to those who are atheist, agnostic, or nonreligious. Even if someone is only perceived to be part of a particular faith (based on name, accent, dress, or appearance), and is then treated differently as a result, that may also constitute religious discrimination.
Religious discrimination doesn’t always come in the form of a blatant refusal or hateful language. Sometimes, it’s embedded in coded language, biased assumptions, or “neutral” rules that disproportionately harm religious consumers such as:
- Refusing to rent to someone who wears religious clothing such as a hijab, yarmulke, turban, habit, plain dress, or religious jewelry
- Including information about nearby places of worship in advertising
- Telling a prospective tenant, “Most of the families in this building attend the same church” (or synagogue or mosque) in an attempt to encourage or discourage them from applying
- “Steering” home seekers to (or away from) certain buildings or neighborhoods based on their religious affiliation
- Asking questions or making jokes or comments about a prospective tenant or buyer’s religion
- Denying the use of a community room for a religious group’s Bible study, while allowing other types of groups to meet
- Selectively enforcing rules, like fining a resident for putting up a menorah or cross, while ignoring non-religious holiday décor
- Penalizing residents for gatherings or celebrations tied to religious holidays
- Mortgage or insurance brokers offering worse terms or rejecting applications due to perceived religious affiliation
The Fair Housing Act contains one exemption that applies to religious organizations. This exemption permits religious organizations clubs to give preference to their own members in the rental, sale, or occupancy of dwellings that it owns or operates for non-commercial purposes. In addition, membership in the religious organization must not be restricted based on one of the other protected classes under the Fair housing Act, such as race or national origin.
If you are a landlord, realtor, property manager, lender, or HOA board member, or nonprofit housing provider, following the law is the minimum standard. Treating people fairly is also good business, good practice, and the right thing to do.
- Review your documents. Make sure your applications, marketing, leases, and policies use nondiscriminatory language.
- Never ask about religion. Questions about a tenant or buyer’s religion or assumptions based on appearance can be discriminatory.
- If you have religions terms in your name, mission, or governing documents, make sure that they do not contain an explicit preference, limitation, or discrimination based on religion.
- Be consistent. Enforce rules the same way for everyone, regardless of background or beliefs.
- Train your staff. Educate yourself and your team on fair housing best practices.
- HUD program rules forbid recipients of federal money from requiring residents to participate in religious services as a condition of tenancy. Religious activities must be offered separately in time or location from the HUD funded programs, activities or services and participation must be voluntary.
Religious freedom doesn’t just mean the right to worship according to your own beliefs; it means that you have the right to pursue the housing options of your choice without facing discrimination. If you believe you’ve been treated unfairly due to your religion, you should document everything. Keep a record of conversations, texts, emails, applications, notices, or advertisements. Contact the Housing Equality Center of Pennsylvania if you believe you have experienced housing discrimination. We can help you understand your rights and guide you through the process of making a formal complaint or pursuing legal action. For more information about what to do if you think you have experienced housing discrimination click here. To report housing discrimination, click here.
