ACLJ Intervenes After HOA Bans Israeli Flag

Can a homeowners association (HOA) selectively enforce its rules to restrict homeowners from displaying flags as an expression of their religious beliefs while allowing other homeowners to display secular flags? As explained below, the Fair Housing Act (FHA) says no. But that’s exactly what happened to our client when he displayed an Israeli flag on his back porch as an expression of his Jewish beliefs.

Like many Americans, his front porch displays the American flag. On his back porch, he hung an Israeli flag that displays the Star of David and was flown pursuant to our client’s religious beliefs. He was then fined $100 for violating the HOA’s bylaws and was instructed to remove the Israeli flag.

After reaching out to us for help, the ACLJ intervened on behalf of our client under the Fair Housing Act. In a letter to our client, the HOA cited a policy that only permits the American flag to be displayed. However, at the same time, a neighbor was flying, and continues to fly, a Pittsburgh Steelers flag. In response, we sent a demand letter to inform the HOA that selectively enforcing its rules to prohibit, and to single out, our client’s Jewish beliefs for different treatment violates federal law.

Our demand letter seeks to obtain the HOA’s written assurances that it will rescind the notice, and fine issued, to our client and allow him to fly his flag as an expression of his religious beliefs in the same manner that other flags and decorations are permitted.

The free exercise of religion is the first liberty named in the Bill of Rights. Like other First Amendment liberties, religious freedom is not confined to the boundaries of one’s home. While the First Amendment to the Constitution protects the free exercise of religion from government intrusion, the FHA preserves the free exercise of religion in the private and public housing markets.

Many HOAs mistakenly believe they must refrain from any association with religion if it might be offensive to others. Contrary to this belief, the FHA requires that residents be treated equally without regard to their religion and prevents HOAs from treating religion differently. Moreover, federal courts have emphasized that the FHA protects individuals from discrimination before and after the acquisition of their property. Specifically, the FHA prohibits an HOA from applying rules to an owner’s use of their property in a manner that discriminates against religion. Even if the HOA cites a seemingly neutral policy – when said policy has a discriminatory effect on a protected class, such as religion – federal courts have recognized that an FHA violation could still be established.

We’ve successfully defended numerous Christians (e.g., here, here, and here) after their religious liberties were violated under the Fair Housing Act. If you are part of an HOA or senior living complex, it’s important that you know your rights. As we explain in our memo, an HOA’s power is limited and it cannot discriminate based on religion. This applies equally to apartment complexes, condominiums, and other such housing complexes.

If you or someone you know has faced religious discrimination from an HOA, please contact us at ACLJ.org/HELP.