It’s that time of year again when owners need to consider what is and isn’t allowed when it comes to holiday decorations. Keep in mind that fair housing laws not only prohibit discrimination, they prohibit landlords from indicating a preference or limitation based on protected classes such as religion, the protected class which is the basis for this discussion.
Next, be aware that while you may think that the First Amendment right to freedom of religion applies here, it does not. That protection relates to public property; please do not confuse the leasing office, which is open to the public, with public property. It is private (and your common areas are not “public” property, either).
Finally, while Christmas may be extremely important to many from a religious standpoint, this still does not necessarily allow a community to promote a given religious holiday in the housing environment.
So, what are the options?
Apartment communities may create what has been termed a “religiously neutral environment.” This means that symbols religiously tied to Christmas may be displayed, but that the symbols of all faiths must be displayed—not just some other faiths.
But quite frankly, there are faiths and religions that most of us may never think of or have even heard of. So while this is a technically appropriate way to approach the Christmas holiday, as a practical matter, it can be burdensome and problematic and quite frankly potentially dangerous from the fair housing perspective.
The better idea (suggestion, dear readers, not legal advice from this author or National Apartment Association) is to celebrate the season with those symbols that have already passed the test.
What test is that? The test of the courtroom! “Hark,” the heralded judges said: You may use Christmas trees, colored lights, Santa Clauses, Kwanzaa logs, dreidels and angels.
Merry Christmas! (And you can say that, too!)
Nadeen Green, is Senior Counsel with For Rent Media Solutions™. The information contained in this article is not to be considered legal advice, and the author and FRMS strongly suggest that you consult with your own counsel as to any fair housing questions or problems you may have. Green celebrated the milestone of making her 1,000 career fair housing presentation in October. A nationwide presenter, Green has been an attorney since 1979 and has taught Fair Housing law to the multifamily housing industry since the Fair Housing Amendments Act went into effect in 1989.
Plan Holiday Parties That Include Everyone
It is easier than it might seem to host community celebrations that include all religions.
Holding a holiday party at an apartment community can be tricky. It can be difficult to ensure that the party respects all religions celebrated by residents, but many owners and managers have been able to do it.
Jeremy Lawson, District Leasing Director at Fogelman Management Group, says his communities host non-denominational events each year that are attended by 50 to 200 residents.
He promotes the parties by sending postcards to residents and using social media channels such as Facebook and Twitter.
“It helps with retention,” he says. “And it also builds a better sense of community.”
Lawson and his colleagues invite everyone and avoid attaching a religious theme to the party. For example, at one community the annual December event is simply known as a winter party.
“Ensuring that you cater to all types of people and their religions can be a challenge, especially this time of the year,” Lawson says. “We simply name our party after whatever the event is about. One party we hosted was called, '‘Chocolate and Cheer.’”
Debbie Cooper, Senior Property Manager for Sherman Residential in Plano, Texas, says she refers to her parties as holiday celebrations, resident appreciation socials or entertainment nights in order to let residents know Sherman Residential embraces all cultures and holidays.
Scheduling parties on dates that are not too close to any one holiday is another way to make certain everyone feels included.
“We aim for between the end of November and mid-December,” Lawson says. “Turnout is highest when we go with one of these dates.”
Lawson says featuring a variety of foods and activities designed to bring neighbors together also is effective. His communities’ parties vary from potluck-style dinners to sparkling cider socials.
“Appetizers, sweet treats and finger foods are always a big hit,” he says. “We have even purchased a chocolate fountain that we are able to share with sister communities.”
Lawson minimizes costs by working with local merchants and vendors who donate food and gifts to give away. Total cost is between $300 and $500.
“Each community budgets depending on historical numbers of attendance and their success,” he says. Lawson assists with nine communities and 32,000 apartments across the Kansas region.
Cooper says Sherman Residential’s onsite parties are well attended.
“The response is typically overwhelming,” Cooper says. “Our residents are so thankful and really have a great time. For some of our residents, this may be the only party they attend throughout the entire holiday season.”
—NAA’s Ali McSherry