ACLJ Sues HOA for Unlawfully Banning Religious Group From Use of Facilities in Violation of the Fair Housing Act

The ACLJ has filed a federal lawsuit  against a Northern Virginia homeowner association (HOA) and its managing agent after the association refused to rescind its discriminatory policy banning our client from using common facilities open to other resident groups.

As we’ve previously written:

Among the 30 clubs and groups who also use the space is our client, a homeowner in the community who leads the only religious club. The club began as a small Bible study in someone’s home and, over the years, expanded into a formal HOA club offering various faith-based events using the clubhouse, including both men’s and women’s Bible studies.

A fellow resident allegedly complained about a women’s Bible study announcement in the January 2025 community newsletter that simply mentioned that the women were studying Hebrews. Shortly thereafter and without warning, the HOA board unanimously passed the motion to shut down access to the clubhouse for any religious gatherings. In its communication to residents, the board explained they were responding to “numerous concerns” and emphasized that shared facilities “are for the enjoyment of all our residents.” They proceeded to explain that while religious clubs could still exist, they would need to meet elsewhere – suggesting private homes as alternatives. There was no policy change for established nonreligious clubs’, nor even nonresidents’ use of the facilities.

The specific motion mentioned above was unanimously passed in February to:

[D]eny use of the Clubhouse and Clubhouse campus to any Club, organization, or entity that is primarily religious, political, or faith based in purpose, nature and/or intent. The use of the clubhouse and clubhouse campus will also be denied (as determined by the BOD) to any other entity that is inherently divisive in purpose, nature and/or intent.

The ACLJ quickly sent a demand letter to the HOA’s attorneys explaining how their policy violates the Fair Housing Act (FHA). Specifically, the FHA prohibits discrimination “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 consistently held that FHA protections don’t end once someone purchases their home. As noted in one court decision, these protections “do not evaporate once a person takes possession of [their] house, condominium, or apartment.”

The Department of Justice, which enforces the FHA, has explicitly stated that no one may be “excluded from reserving a common room for a prayer meeting when the room may be reserved for various comparable secular uses.” Yet this is precisely what is happening in this community.

The HOA responded to our letter, denying any wrongdoing and refusing to change their discriminatory policy. This left us with no choice but to file a federal lawsuit to protect our client’s religious freedoms under the FHA.

This case has significant implications beyond just one community, as we continue to see HOAs across the country trampling on the religious liberties of homeowners. We hope this case sets a precedent for HOAs nationwide to stop exercising their power at the expense of their residents’ rights secured by law.

We encourage anyone experiencing similar discrimination from their HOA or landlord to contact us at ACLJ.org/HELP.