It’s The Law – Naughty or nice?

NAUGHTY OR NICE?

Navigating a list of fair housing and holiday issues.

A holiday tune by Howard M. Bookstaff, HAA General Counsel (To the tune of “Let it Snow”)

Oh, the climate outside is frightful, But the season is so delightful, Residents are all aglow, Tell em’ no, tell em’ no, tell em’ no

Fair Housing is not a stopping Just cause holidays are a popping, Things are not on the down low Tell em’ no, tell em’ no, tell em’ no

Decorations you think are all right, But the common areas are adorn, With religious scenes up right, You can see the coming storm

Your control is slowly dying, Residents will never stop trying, It’s time to save your job so, Tell em’ no, tell em’ no, tell em’ no

THE HOLIDAYS ARE HERE!

This should be your favorite time of year. Everyone seems happy. We have long holiday weekends. We give (and receive) plenty of gifts. It’s amazing and wonderful!

Well, maybe not for everyone. Your properties have more traffic, more guests and more crime. More packages will be delivered.

And residents … want to party and decorate everything!

You wonder how you can navigate this time without running into fair housing issues. You understand that the Fair Housing Act prohibits discrimination based on a number of protected classes including religion. You also know that the Fair Housing Act prohibits fostering a hostile environment because of a person’s protected class. These concepts may run inconsistent to some of your residents expressing their holiday cheer.

The key to avoiding fair housing complaints is to not offend anyone. However, that may be tough in these times when residents seem predisposed to engaging in conflict with one another. At any rate, you know you need to do your best.

Let’s look at a few common fair housing issues that become especially relevant during the holiday season.

Is it acceptable to decorate the management office?

Of course. In fact, one could argue that the way to spread holiday cheer is to create a joyful, colorful and meaningful experience while residents are in your office. However, be careful! You should be aware of who your audience is.

You want to focus your decorations on celebrating the holidays in a neutral fashion You should avoid decorations or displays that may lead those who are not included to be offended. The best approach is to try to decorate with neutral, colorful and commonly accepted holiday items and themes.

It may be important to note that, in 1995, HUD released a guidance relating to advertisements under the Fair Housing Act. In its guidance, HUD stated that the use of secularized terms or symbols relating to religious holidays such as Santa Claus, Easter Bunny or Saint Valentine’s Day images, or phrases such Merry Christmas, Happy Easter or the like, does not constitute a violation of the Fair Housing Act. This may provide some guidance with respect to the types of decorations that HUD would find acceptable. However, no matter what you decide, you should remain sensitive towards the feelings of others. The less offensive your residents find your decorations to be, the more likely you will not receive a fair housing complaint.

Can residents decorate their units?

Of course. However, once again, you need to take into consideration how resident displays may be seen by others. A resident should be able to decorate the inside of their unit in any way they deem appropriate, subject to any rules you might have regarding safety-related issues. You may also have certain restrictions on decorations or displays that are attached to the inside of a window and visible to the outside. However, these should be subject to the same rules you would use for any displays that residents would need to comply with during the rest of the year.

A more difficult issue may arise based upon how residents are decorating patios and balconies. However, these should also be subject to whatever rules you have regarding items placed on patios and balconies, or that may be draped over railings. You should always try to apply the standard rules you have had during the rest of the year to all residents on a consistent basis.

Should residents be allowed to have parties?

Your rules regarding resident parties should not be based on any religious beliefs, but on issues relating to the potential for problems that could arise by having a large, noisy crowd around limited space. In this regard, it may be beneficial to review your rules with all residents in advance. You may have rules regarding the number of guests a resident can have, parking and signage that can be posted on your property. If you detect that a particular resident is going to have a large get-together, you may want to work with that resident to determine how things can go without violating the rules.

You also want to remain consistent in the application and enforcement of any rules. If you allow one resident to have a large party, you may face issues when you don’t allow all residents to have similar events. Your plan should be well thought out to avoid unnecessary issues and complaints, including possible fair housing complains when one resident can have a Christmas party but the other resident can’t have a Hanukkah party, even though the parties may be on different days and create different issues for your property and other residents.

Should you have resident parties?

This is up to you. However, you should be mindful how you advertise any parties, who might feel left out and whether you would to serve alcoholic beverages. While many residents might enjoy an adult beverage (or two), families with children may feel excluded by not being able to participate on the same level as other residents. Even the time of your party (late night versus early evening) may raise issues for families with children. While your intent may be to spread holiday cheer and create a community atmosphere, your party plans should consider the potential to offend.

Can (or should) I have lighting or decoration contests?

This gets a little tricky. If you have a contest, they should be phrased as a “holiday” contest rather than a “Christmas” contest. Additionally, if you judge holiday lighting or decorations, avoid giving points for a religious theme. While competition is great, you may want to award those that simply participate in the contest, rather than judging who is the “best.” Even a neutral approach may offend those that simply don’t want to celebrate or believe in celebrating the holidays.

Holidays are fun, but can be tricky. We can’t ignore fair housing issues, especially during the holidays. Hopefully this article helps you navigate these fairly tricky issues during this time of year. Good luck and happy holidays!

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