HOA Reverses Decision Forcing Resident To Remove Small Cross From Their Yard After ACLJ Steps In

Despite what many homeowner associations may think, they cannot prohibit religious displays while allowing other displays for the sake of political correctness. This is not the first time that the ACLJ has helped someone combat the religious discrimination in their housing community, and it won’t be the last. That’s why it is important that you know your rights.

This time, an individual had a small 3.5 foot white cross in his front yard, but his HOA insisted that he remove it because it was a prohibited “installation of improvements” under their community guidelines.

When he went before the HOA Board, they deemed the size to be problematic, concluding that a 3.5 foot cross is much too large for a permanent display. They stated that it would only be permitted “for the Christmas holiday and the Easter holiday, [but] outside of those holidays it will have to be removed.”

However, there was no prohibition regarding size or type of display in the community guidelines. In fact, there were other houses on his street with displays much larger: a bicycle with flower pots, a statue of an angel, and large rock and topiary displays.

It was not the size of the display that was the problem; the HOA had a problem with the fact that it was a religious symbol.

The HOA continued to give him quite the runaround for several months as he advocated for himself against their discriminatory ban of his cross until we intervened. The ACLJ wrote a letter explaining the right to display a small 3.5 foot white cross in a community front yard, and he brought our letter to the HOA.

We illustrated how the federal Fair Housing Act (“FHA”) makes it unlawful “[t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of . . . religion.” Courts have specifically reiterated that the FHA applies to “post acquisition conduct” including governance by homeowner associations.

Simply put, the FHA absolutely prohibits an association from applying regulations or guidelines to the owner’s use of their property in a manner that discriminates against religion. Contrary to many neighborhood or community associations’ mistaken belief that they have an obligation to refrain from any and all association with religion, the FHA requires neighborhoods to treat religion neutrally and owners equally.

After receiving our letter, the HOA voted to approve the cross display with the understanding that it is religious discrimination to permit numerous other non-religious and similarly sized statues or displays and not this cross.

If you have experienced discrimination by your HOA or housing community, the ACLJ can help! Contact us at ACLJ.org/help today.