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Can being a Christian-run company violate Fair Housing laws?

By
Services for Real Estate Pros with Greg Taylor and Associates, PLLC

As the owner of our small, independent realty company, I face the pressure to comply with the myriad state, federal and local laws on a daily basis.  We all have the same responsibility to follow the law and treat our clients with integrity and compassion.

However, when we began our company, I ran into something that absolutely FLOORED me.  As followers of Christ, we wanted everyone to know that our company was based on following Him and His teachings.  We therefore named our company Cornerstone Realty and Rental.  

Immediately, we faced opposition from other agencies in the area.  One of the first things they attacked was our name.  One prominent agent went so far as to say that having the name "Cornerstone" was a violation of Fair Housing laws, especially because the "T" in our logo was made to look like a cross. 

I was completely shocked that anyone could say that, because the principles which Christ stands for are principles that we all should adhere to.  However, after some research, I did find that Fair Housing does address the issue of a Christian-run company.  Here's a link to a reprint of some guidelines concerning this issue for all other Christian-run organizations:

 

http://www.hud.gov/offices/fheo/disabilities/sect804achtenberg.pdf
 

http://www.metrokc.gov/dias/ocre/RE100Q1.htm

 

This excerpt from the 2nd site linked above is especially beneficial:

Question 7. I am a member of a Christian real estate organization. Is it legal under fair housing laws to use Christian sounding names and Christian symbols in our advertising? Can we treat Christian customers differently?

You cannot treat Christian customers differently than non-Christian customers. If your company name implies a preference for Christians or if you use symbols such as a fish or cross, you should use the fair housing logo and a clear disclaimer that your company does not discriminate on the basis of race, color, religion, etc. You have the right to identify your own business with the graphics and language of your choice - as long as your actions do not discriminate or create a discriminatory climate based on someone's protected class status.

When developing your advertisements and services, consider: Would a non-Christian feel welcomed by your business? Would a non-Christian receive the same level of service from you as a Christian? You should be able to answer yes to both questions.

Fair housing issues arise when clients believe they have been denied equal service or access because of their religion (or any other protected class). Marketing strategies and signage that make non-Christians feel unwelcome could result a fair housing complaint.

In addition, the fair housing laws permit ads that contain descriptions of properties (condominium complex with chapel) or services (kosher meals available) that do not on their face state a preference for specific buyers. The use of secularized terms or symbols relating to religious holidays, such as Santa Claus, Easter Bunny or St. Valentine's Day images, or phrases such as Merry Christmas or Happy Easter also are permitted under fair housing laws.

 

Now, I don't think that any of us are going to treat Christians differently from non-Christians, BUT it is imperative to remember that we need to include the Fair Housing disclaimer and logo on everything we do so that we don't get a complaint.

To me, this seems to be going overboard and a violation of the free exercise clause of the 2nd Amendment to the Constitution, but I am not the one making the rules, I am the one that has to live by them.  What do you guys think, have you ever experienced this in your companies? 

Comments (11)

Eric Kodner
Madeline Island Realty - La Pointe, WI
CRS, Madeline Island Realty, LaPointe, WI 54850 -
Call HUD and ask them their opinion on your specific situation.  You might also contact the real estate licensing people in your state.  They make the rules.  And the rules override opinions about whether this is fair or not.
Apr 17, 2008 04:21 AM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County
This is a tough one, for sure.  It would seem that treating all equally, not implying your services are for any group in particular, would be fair...but like Eric suggested, Call HUD.  In this PC world you sure don't need a lawsuit or even to appear "discriminatory."  Some people are always looking for a fight!
Apr 17, 2008 04:31 AM
Delaware Junk Removal Residential And Commercial Hauling Clean Outs
Delaware Junk Removal 302-530-9186 - Wilmington, DE
Whole House Clean Outs, Basements, Garages, Attics

Greg- I have to be honest with you here, I had no idea the word "cornerstone" was directly related to god.  Websters says this  http://dictionary.reference.com/browse/cornerstone

So I would direct those who are afraid of god or jelous that they didnt see it first to look it up.  Don't let it bug you.

Apr 17, 2008 04:34 AM
Eric Kodner
Madeline Island Realty - La Pointe, WI
CRS, Madeline Island Realty, LaPointe, WI 54850 -

It could be argued that the "principles which Christ stands for" actually predate Christ.  Since Jesus was addressed by his disciples and contemporaries as "rabbi" and his teachings essentially spring from Judaism, why do you attribute those positive principles to Christianity alone?

The "Golden Rule" which some Christians attribute solely to Christianity, actually predates the birth of Christ by many centuries.

Can you understand why someone who is not Christian might feel intimidated if they see a religious symbol attached to a particular business?  Can you see why people of other faiths might be offended by the implication that "principles we should all adhere to" are only Christian principles? 

Why is it essential to link a business to a particular religion or religious dogma?  This is not about "PC", but rather may be about good business sense.  Why would a business owner risk offending any percentage of the public by appearing to market to one segment?

Apr 17, 2008 04:48 AM
Jimmy McCall
JimmyMcCall.com - Cunningham, TN
The Ex-Mortgage Consultant
Greg, It appears to me as along as you use the fair housing disclaim and do not discriminate again peopel you can promote your business the way you want.
Apr 17, 2008 05:05 AM
Greg Taylor
Greg Taylor and Associates, PLLC - Murray, KY
Murray Kentucky, Real Estate Attorney and Investor

Jimmy - That's basically the decision that we came to and have made sure that we did use the disclaimer and Fair Housing logo on everything we have done from the start.

Gary - We called the state Fair Housing people and they basically told us that as long as we had the disclaimer on there, we were OK.  

Eric - I think you've misunderstood my post.  I never said that Christ or Christians had a corner on all good principles for living.  In context, I meant that it would be universally agreed that being a follower of Christ generally would lessen the possibility of discrimination against any group when it comes to housing, so I didn't understand why they would single Christians out.  

And I never stated that "principles we should all adhere to" are only Christian principles.  Additionally, it is my opinion that a company's name alone shouldn't and couldn't offend me, even if based on a religion to which I do not subscribe.  I am not offended by Hebrew National hot dogs, I just LOVE to eat them.  LOL

Apr 17, 2008 05:35 AM
Eric Kodner
Madeline Island Realty - La Pointe, WI
CRS, Madeline Island Realty, LaPointe, WI 54850 -

Greg -- I doubt that the folks at HUD would agree that it's a "universal" understanding that placing the sign of the cross within a real estate logo (or for that matter, embedding any religious symbol within a real estate logo, whether it is a Star of David, a Cross, a fish symbol or a Moslem crescent and star) "would lessen the possibility of discrimination against any group when it comes to housing".

As I understand it, the only logo or symbol that HUD recognizes as lessening the possibility of discrimination against any group when it comes to housing is this one:

Equal Housing Jpeg

I don't believe HUD has singled Christians out in this regard.  I believe HUD would probably take issue with the linking of commonly-recognized religious symbols of any kind within a real estate company logo.  You would, of course, need to verify that with HUD.  And if HUD or your state Fair Housing authority gives you the green light to use the Equal Housing Opportunity logo alongside your company logo, and tells you they are satisfied that will clearly indicate your good intentions regarding Fair Housing Laws, then you are good to go, right?

It doesn't appear that your company's name was the issue here.  You admitted in your post that the "T" in your logo (in the word "Cornerstone") was "made to look like a cross".

The Second Amendment to the Constitution of the United States reads," A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed".   There is no mention of a "free exercise clause" in the Second Amendment, to my knowledge.

The sources you quoted above do not allege that "being a Christian-run company" violates Fair Housing laws.  It is admirable to run your company by applying moral or religious tenets and principles to your practice of real estate.  The people at HUD take issue with displaying "Marketing strategies and signage that make non-Christians feel unwelcome ", as you quoted in paragraph three of Question Seven in your post above.   

It sounds like you have issues with HUD over their policies.  Maybe you should contact your Congressional representative and see if they have any answers on this topic.

 

Apr 17, 2008 07:37 AM
Greg Taylor
Greg Taylor and Associates, PLLC - Murray, KY
Murray Kentucky, Real Estate Attorney and Investor

Eric - You're right, it is the FIRST Amendment that has the free exercise clause.  Sorry for the confusion about that. 

As to the rest, this is the 2nd time that you've put words into my mouth and I looked past the first one, but this time I have to point out:

What I said:   "it would be universally agreed that being a follower of Christ generally would lessen the possibility of discrimination against any group when it comes to housing."

What you responded:  "I doubt that the folks at HUD would agree that it's a "universal" understanding that placing the sign of the cross within a real estate logo (or for that matter, embedding any religious symbol within a real estate logo "would lessen the possibility of discrimination against any group when it comes to housing."

I wasn't making a statement about our logo, etc., I said  "it would be universally agreed that being a follower of Christ generally would lessen the possibility of discrimination against any group when it comes to housing."

If you disagree with that statement, then respond to that statement, don't twist it to mean something that I didn't say.   If you think that being a follower of Christ means you would more likely discriminate against people, then say that.  My statement was a statement about Christ's ideas and principles and how they relate to housing, not an issue about a logo.  

And just to clarify, the state fair housing people have approved our logo, etc. but yes it is my opinion that the HUD rules about this are ludicrous, that's why I posted this.

 

Apr 17, 2008 08:01 AM
Eric Kodner
Madeline Island Realty - La Pointe, WI
CRS, Madeline Island Realty, LaPointe, WI 54850 -

Greg, where on earth did I write that "being a follower of Christ means you would more likely discriminate"?  Kindly tell me where that very wrong assumption on your part came from.

I complimented you above about the fact that you feel strongly that your religious beliefs should govern your practice of real estate.  I'm glad you have arrived at an understanding with your State Fair Housing agency.  I don't believe HUD is singling our Christians or persecuting them. 

Paragraphs three and four of your post above refer to your logo and the reaction of a "prominent agent" to that logo.  From what I read in your post, making the "T" in your company name resemble a cross seems to have been the triggering element here.  You yourself wrote that the logo with the cross-shaped "T" apparently inspired the negative comment from a competing agent.  Perhaps you chose to do that with your logo because it was your way of indicating to the public that you are a follower of Christ.  And if the law allows it, that is fine.

I don't believe HUD will accept anyone's publicly-professed religious/moral/ethical beliefs alone as a guarantee of non-discrimination.  They want to see the little House logo with the equal sign in it.  If you wish to feel victimized by HUD, that is your right.   

Apr 17, 2008 09:19 AM
Alexander Harb
Knights Investing - Mesquite, TX
Dallas, Texas Real Estate Investing

You only violate fair housing laws when a protected class of people FEELS like you will not serve them or you will not give them the same kind of service you would to anyone...

They CAN get that feeling by seeing a Christian symbol in your company logo....

It is BEST to contact HUD...just as other agents have stated....

=-)

Apr 17, 2008 12:47 PM
Glenn Ritchie
First Team Real Estate - Fullerton, CA
Realtor - The OC.

I know it's an old Blog but I'm amazed that this is still is still going on in our country today. Greg, I don't really understand why you are even asking others what to do. Why can't you just except that most people in you area that you know well will work with you.I'm a gay man, traveled the world and have a different outlook on life. You need to experience a different way to approach life instead of asking people what they think, just do it. If you feel that strong about it, why ask others what they think.. seems to me when one asks for an opinion on a web site like this, you really are confused, but need some assurance that you are doing the right thing.    

Apr 27, 2011 07:16 PM