Fair Housing

Published

Whose Holiday is it Anyway? Can a Community Association Regulate an Owner’s Display of Religious Holiday Decorations?

Headshot of Javier Delgado by Javier Delgado, Esq.

While community associations can regulate an owner’s display of religious holiday decorations, they must act carefully to avoid claims of religious discrimination. One Idaho community association recently learned this lesson the hard way. In Morris v. West Hayden Estates First Addition Homeowners Association, Inc., a husband and wife (the “Owners”) purchased a home within the […]

Published

Understanding Age Restrictions- HOPA and your HOA Age Verification Process

Headshot of Jonathan Ebertshauser by Jonathan Ebertshauser, Esq.

The federal and state Fair Housing Acts (“FHA”) prohibit discrimination on the basis of, among other things, “familial status.” However, some homeowners’ association governing documents include deed restrictions that require residents to be of a certain age (usually 55 or older) in order to occupy a property. This type of community operates as an exception […]

Published

Bring on the Camels, Dragons, and Prayer Flags!

Headshot of Lydia Peirce Linsmeier by Lydia Peirce Linsmeier, Esq.

On December 20, 2001, the Secretary of the Department of Housing and Urban Development (“HUD”) issued a statement regarding religious expression in public housing. HUD was concerned public housing authorities might misconstrue HUD policy to discriminate against people celebrating faith-based events. In the words of HUD Secretary Mel Martinez: “Now more than ever, it is […]