HomeMy WebLinkAboutreligiousdiscrimmemotolandlords August 2017
Date: August 4, 2017
To: Iowa City Landlords and Rental Property Managers
From: Kristin Watson, Human Rights Investigator
Re: Religious Discrimination in Housing
The Iowa City Code of Ordinances, the State of Iowa, and the federal Fair Housing Act (FHA)
prohibit discrimination in several areas and bases, including discrimination on the basis of
religion in housing. The Iowa City Department of Equity and Human Rights enforces the City’s
anti-discrimination ordinance and, by extension, the state and federal laws prohibiting
discrimination. What does this mean in practice? This memorandum is intended to provide
guidance addressing that question. This memorandum is addressed to property managers and
landlords; it does not address issues specific to realtors.
Do anti-discrimination laws apply only to rentals and the process of obtaining housing?
No. Several courts have decided in favor of people discriminated against during rental tenancy
and after buying properties subject to management, such as condominiums. For example, if
residents are permitted to put decorations on their doors, this would include being able to place
religious items such as crosses or mezuzot on their doors. If condominiums or apartment
complexes have gathering rooms that can be used by residents for occasions such as parties or
book groups, residents must also be allowed to reserve the rooms for religious gatherings such
as Bible studies.
How is religion defined?
There is no specific definition of religion contained in the law. Landlords and property managers
cannot discriminate against a person of any faith or belief system.
May a landlord prefer religious tenants of any faith over non-religious tenants?
No. The protection against discrimination on the basis of religion applies to people who are
atheist or agnostic. A landlord cannot express or act upon a preference for tenants of any faith,
a specific faith, or no faith. Landlords cannot refuse to rent based upon a person’s religious
beliefs or lack thereof.
May a landlord use religious terms or images in advertisements?
No. Using religious imagery or words in advertisements indicates a preference for the indicated
religion over others. Therefore, phrases such as “room for rent in Christian/Muslim/Jewish
home” would violate the advertising provisions of the law. Indicators such as “convenient to XYZ
church/mosque/synagogue” may also give the impression that a certain group is preferred in the
neighborhood.
May a landlord ask about an applicant’s religion?
No. Similarly, a landlord may not invite tenants to religious gatherings such as Bible studies or
ask if a tenant is interested in learning about the landlord’s religion.
What are a landlord’s obligations if tenants complain of another tenant’s harassment?
A landlord can be liable for failure to take action if one tenant complains of discrimination
coming from another tenant. For example, the San Francisco Housing Authority was required to
pay victim compensation, implement new policies, and train employees after the US Department
of Justice found that it had failed to take action to stop threats and violence against Muslim
tenants by neighbors. Any complaints should be taken seriously and investigated promptly.
August 4, 2017
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Are there any exceptions?
Yes. There is an exception for Religious organizations, if they rent housing units for a non-commercial purpose. The
religious organization may limit occupants to members of the religion or give preference
to members, so long as membership in the religion is not restricted on account of age,
color, creed, disability, gender identity, marital status, familial status, national origin,
race, sex, sexual orientation, presence or absence of dependents or public assistance
source of income. Rooms or units in buildings with no more than four units, when one of the units or rooms
is occupied by the owner.
Remember that, even if the property is exempt, there is no exemption for advertising.
The Iowa City Office of Equity and Human Rights plans to provide memos to local landlords on
areas of discrimination on a regular basis to assist in providing good outcomes for both
landlords and tenants in this community. Please send other fair housing topics you would like to
receive guidance on in the future, or inquiries regarding fair housing issues, to
humanrights@iowa-city.org.