Government

Are ‘Fair Housing’ Laws Really Fair?

Think you have the right to decide who you want to share your home with? Not so fast, argues Harold Core, director of public affairs with the Michigan Department of Civil Rights. According to Core, the Fair Housing Act prevents people from advertising their preference of religion, race or handicap with respect to the sale or rental of a dwelling.

At issue is a civil rights complaint filed against a Grand Rapids, Mich., woman who posted an ad at her church last July looking for a “Christian roommate.“ The complaint was filed by the unnamed woman by the Fair Housing Center of West Michigan and argues that the ad ”expresses an illegal preference for a Christian roommate, thus excluding people of other faiths.”

“It’s a violation to make, print or publish a discriminatory statement,” the Center’s Executive Director Nancy Haynes told Fox News. “There are no exemptions to that.” As a result, Haynes says, the 31-year-old woman who posted the advertisement could face “several hundreds of dollars in fines” and may be forced into “fair housing training.”

The complaint was reportedly filed anonymously after the person church saw the ad on the church bulletin board and contacted the local fair housing organization.  According to Haynes, if the ad had not included the word “Christian,” there would be no problem.  While Haynes admits the woman may choose a roommate based on religion, it is against the law to post an ad about that intent.

“She can choose to rent to a Christian, that’s her prerogative,” Haynes told the Grand Rapids Press. “It’s a separate violation to make a discriminatory statement, to publish a discriminatory statement.”

Joel Oster, an attorney with the Alliance Defense Fund, says he’s representing the woman free of charge and describes the case as “outrageous.”

“Clearly this woman has a right to pick and choose who she wants to live with,” he says.”Christians shouldn’t live in fear of being punished by the government for being Christians. It is completely absurd to try to penalize a single Christian woman for privately seeking a Christian roommate at church — an obviously legal and constitutionally protected activity.”

The law exempts gender preferences in cases of shared living, but makes no exception for race, religion, etc.  While Oster says he hopes the case will be dropped, Haynes says that Fair Housing officials plan to pursue the matter.

“We want to make sure it doesn’t happen again,” she says.

Comments (77)

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  • regis24
    Posted on October 25, 2010 at 10:19pm

    Very soon we Christians maybe mandated to marry Muslim or Jewish. What about freedom of choice and the first Amendment not granting Congress any oversight over Religion?
    http://www.usapoliticaltyranny.info
    http://www.vdare.com

    Sisters,Brothers we’re in deep troubles.

    Report Post »  
  • Barb1954
    Posted on October 25, 2010 at 9:39pm

    This one needs to go ALL THE WAY TO THE SUPREME COURT! This law needs to be STRUCK DOWN!

    You’ve got FREE SPEECH issues!
    You’ve got Govt INTEFERING in Religious FREEDOM!
    You’ve got PRIVACY issues!

    AND you’ve got SPIES in the CHURCHES now people! DID YOU KNOW THAT?

    Report Post »  
  • Nobull
    Posted on October 25, 2010 at 9:29pm

    What if the add read “ Male seeking homosexual partner for roomate”? Same poo different smell. Just sayin, who the heck cares. Get over it.

    Report Post » Nobull  
  • Florida Boy
    Posted on October 25, 2010 at 8:09pm

    This sort of government intervention is past the point of ridiculous. Perhaps, had she known the consequences of her actions, the woman could have phrased the ad to say: “Looking to share residence with a like minded, Grace oriented, individual.”

    Report Post »  
  • chickenlittle
    Posted on October 25, 2010 at 7:34pm

    Substitute the word “biased” in place of most govt. laws/agencies written or enforced nowadays and then they at least start to make sense (to a progressive).

    Kind of off-topic, but you guys on here might be interested in this one… go to this link and see what the royal couple have planned also.

    http://economictimes.indiatimes.com/news/politics/nation/Barack-and-Michelles-Mumbai-darshan-plans/articleshow/6797379.cms

    Barack and Michelle’s Mumbai darshan Plans

    Note why she is on the trip (probably should have sent Slick Willie instead). And, this was picked up by Drudge from a foreign news source?

    Report Post » chickenlittle  
  • Punky
    Posted on October 25, 2010 at 7:24pm

    The discrimination argument is getting REALLY old. Discrimination is necessary to execute good judgement as much choice and free will are necessary to love. If you can‘t discriminate then you can’t tell the difference between right and wrong – which surely is the way the people in charge would like to have us.
    The definition of Babylon is Confusion and our Father has given us instructions: “Come out of her my people!”

    Report Post »  
  • Teh Grate Satan
    Posted on October 25, 2010 at 7:14pm

    No. Its not fair. If you’re running a business of renting apartments than yeah, you gotta be fair to whomever shows up all things being equal. But if I’m selecting a roommate I should have the right to be picky.

    Report Post » Teh Grate Satan  
  • Politigod
    Posted on October 25, 2010 at 7:13pm

    I want to go to this church and post this” I am praying for God to have a Christian roommate call me at 555-5555.” and then dare them to sue.

    Report Post »  
  • joseph Fawcett
    Posted on October 25, 2010 at 7:12pm

    This is totally out of control, in the pursuit of happiness, you should be able to seek someone to share an appartment that will help bring that happiness. It is only about faith. An attack on christianity.

    http://www.josephfawcettart.com

    Report Post » joseph Fawcett  
  • uneedmorekoolaid
    Posted on October 25, 2010 at 7:07pm

    She is looking for a roommate not a tenant! If she was renting apartments to only christians then they could apply this law. That is like saying you can’t say you are looking for a christian to date! You can only say youre looking for a person.

    Report Post » uneedmorekoolaid  
  • poverty.sucks
    Posted on October 25, 2010 at 7:06pm

    You can place an roommate ad in Arizona newspapers with the prerequisite to be Spanish Catholic (Roman Catholic) male. When the guy shows up unable to prove his identity call the authorities.

    Report Post » poverty.sucks  
  • MidAmerican
    Posted on October 25, 2010 at 7:05pm

    OMG, we do have to stop this! What if she would have posted “Looking for Liberal roommate”.
    How despicable is THAT?

    Report Post »  
  • heavyduty
    Posted on October 25, 2010 at 7:01pm

    The way I look at it is that if I own or rent the house in the first place. Then I should have a right at to who lives in it. Doesn’t matter what other people think. If I want to have a fellow Christian or perverted transvestite it nobodies business but mine. I don’t see this as going anywhere. Its just someone that has nothing better to do than to go after a Christian person.

    Report Post »  
    • american1st
      Posted on October 25, 2010 at 7:16pm

      they (rightly) don’t allow discrimination by land lords, but if you live in the house with the other renter and rent a room that has shared space and a shared entrance then you should be able to pick who ever you want on any criteria you choose, you should only be subject to fair housing if there is no shared space (ie kitchen ) and if the room has a private entrance, ( i may be wrong on this but i think that is how fair housing law is supposed to work)

      Report Post » american1st  
  • We Are Not Alone
    Posted on October 25, 2010 at 7:00pm

    TAKE TIME FOR A GOOD LAUGH:

    “Call Me Senator”: Zucker Apologizes For Supporting Dem. Senator Barbara Boxer

    http://www.youtube.com/watch?v=uFLYH6CTyBM

    Report Post » Want our country back  
  • just the facts
    Posted on October 25, 2010 at 7:00pm

    The lines are being drawn and the lists are being written. I for one will never ever have my God given freedoms that I grew up with. I am sick and tired of these nobodies telling me I can’t do this in the name of civil liberty or because its an offense to another. I’m offended that this conversation ever took place. Stop the phyco-babble(sp). Don’t think for me on behalf of the other person. That would be a mistake.

    Report Post »  
  • american1st
    Posted on October 25, 2010 at 7:00pm

    fair housing is meant for landlords who are renting apartments or houses to a tenant, i cant believe it possibly applies to roommates or renting rooms,
    its your house its your choice who you live with
    i would fight this if it was me i think its a misapplication of housing law

    Report Post » american1st  
  • Raven249
    Posted on October 25, 2010 at 6:57pm

    Wow.. I’d say this law is insane. I should think the government should stay out of the bedroom and house as far as who you want to live with.

    Report Post »  
  • troyvar
    Posted on October 25, 2010 at 6:56pm

    I’m a middle-aged, christian, caucasian, heterosexual, male, that prefers American made pick-up trucks and shotguns. Am I going get fined for saying that? I’m sure they have a re-education camp at least.

    Report Post » troyvar  
  • Punky
    Posted on October 25, 2010 at 6:55pm

    So for a Christian to state her preference of living with another Christian in her own home – is now to make a discriminatory statement subject to fines and punishment. This is PC with its finger in an electric socket.

    Report Post »  
  • trolltrainer
    Posted on October 25, 2010 at 6:55pm

    Saw this on Fox this afternoon. What can you say? It angers me so much that I want to beat the crap out of the idiot filing the complaint and anyone else that would even listen to this dribble.

    Report Post »  
    • lqtm
      Posted on October 25, 2010 at 8:18pm

      Well aren’t you a reasonable fellow.

      Report Post »  
    • Oh, God!
      Posted on October 25, 2010 at 11:05pm

      I think it might be your bedtime LQTM. Nightie night.

      Report Post » Oh, God!  
  • poverty.sucks
    Posted on October 25, 2010 at 6:53pm

    Homeowner as well as renter has every right to discriminate. So what if I don’t want a rich white person living where I live.

    Report Post » poverty.sucks  
    • teahugger
      Posted on October 25, 2010 at 7:06pm

      For once I agree with you. If its your own d*** house, who gives a rip?

      Report Post » teahugger  
    • lqtm
      Posted on October 25, 2010 at 8:17pm

      You’re right, the homeowner has every right to be a bigot, but they do not have the right to advertise their discrimination. This is not allowed under government regulations. They should have advertised the room and then determined the religion of the tenant when they responded to the ad. To put this stipulation in prior to any kind of contact preempts the contract and makes it a private contract in a public venue. This is illegal for the same reasons that if I own a business, I can’t post an ad that says only white people will be hired. Of course when people come in for the interview you can choose to only hire white people, but to put it on paper is to sign your name to your own death sentence in court. As a law student I would dream for such an easy case.

      Report Post »  
    • poverty.sucks
      Posted on October 25, 2010 at 9:30pm

      An individual owner occupied is exempt, Companies, Realtor, or Property Manager is Prohibited tompost discrimination. If there’s any violation, it’s the company that provided the post, not the individual requesting the service.

      Report Post » poverty.sucks  
    • Anarcho Capitalist
      Posted on October 25, 2010 at 11:05pm

      POVERTY.SUCKS
      your right. At least in Oregon where i at one time had a Realtors licence.

      Report Post » Anarcho Capitalist  
    • lulu229
      Posted on October 25, 2010 at 11:54pm

      If I advertise for a smoker, does that make me intollerant and bigoted against non-smokers?

      Report Post »  
    • seekjusticeandmercy
      Posted on October 26, 2010 at 2:46am

      LQTM, I’m sure you are a hard working, intelligent individual and I commend you for your efforts in studying the law. I have a son in his 3rd year of law school and I know how hard he is working on his degree. That being said, being a person of faith I am alarmed by how you communicate a presupposition that the person in the news article is bigoted based on what little you know about them. It appears from your statement that you’re either not a person of faith and have a faulty understanding of persons of faith, or that you simply have personal predjudices toward Christians. I would dare to say that this is the very essence and definition of bigotry and hypocrisy. I hope that’s not the case. Now, in order to win in a court of law you would need to have additional facts and case law to support to your position. It’s just not that cut and dried of a case. We need to ask many additional questions. Do we know if the person is the owner of the property or is looking to sub-lease? Did the ad mention consideration which would be needed to imply a contract? Does the church bulletin board constitute a public advertisement or could it be argued that it is a private communication between church members? Could the case be argued on freedom of religion grounds that it is a church communication and possibly not any different than if a Christian church advertised for a Christian pastor who would live on church property (i.e. in a parsonage). Even if this person does own the dwelling and the advertisement is deemed a public one this is a co-habitation arrangement and not a typical landlord-tenant contract. There may be legal grounds to challenge the law on that notion. Renting a dwelling to someone is not the same as co-habiting with them in the same dwelling. This is why we need to be diligent with our laws and their interpretation so that we don’t trample our constitutional rights for political correctness or someones notion of fairness. I believe that idividuals should be able to make their own determination about who they co-habitate with even if their preferences for a roommate are offensive to me. That being said I do agree with anti-discrimination and equal housing laws as they apply to the typical landlord-tenant relationship. In those cases that are the exception rather than the rule we should err on the side of personal property rights and individual liberties.

      Report Post »  
  • lizaz
    Posted on October 25, 2010 at 6:53pm

    I wonder who sneaked into the church looking for something derogatory to advertise to the world. What a crock of crap! If this is really a “Fair Housing Act” law, then it should be top of the list for Republicans to repeal in January. A person should have the right to advertise his/her criteria for a roommate, without the Feds butting in. We have gone to far with the PC baloney!!

    Report Post »  
    • teahugger
      Posted on October 25, 2010 at 7:05pm

      I was wondering the same thing. Who was the Judas?

      Report Post » teahugger  
    • untameable-kate
      Posted on October 25, 2010 at 9:40pm

      The pc baloney the anti christian baloney and the snooping around our churches looking for something to complain about baloney.

      Report Post » Untameable-kate  
  • Hmschlmom
    Posted on October 25, 2010 at 6:46pm

    So, the law amounts to…she has to waste her time sifting through 1000 people she can completely legally NOT rent to…and waste their time too (thinking they could possibly rent the room), to hopefully by chance stumble across someone who IS qualified? What kind of sense does THAT make?

    Wastes time, energy and effort on everyone’s part…ONLY makes sense to a bureaucrat…

    Report Post » Hmschlmom  
    • drbage
      Posted on October 25, 2010 at 7:04pm

      Governmental bureaucracy at work. Does anyone who posts an ad also have to include EEOC and FHS disclaimers on the paper, too?

      Report Post »  
    • Hmschlmom
      Posted on October 26, 2010 at 1:13am

      You know, there’s a certain logic there … they waste time, effort, and money, why shouldn’t you?

      Priceless…

      Report Post » Hmschlmom  
  • M-O-O-N Spells Moon
    Posted on October 25, 2010 at 6:45pm

    Note to editor: please edit this one, I found some of the mistakes confusing.

    Report Post » M-O-O-N Spells Moon  
  • moelarrycurly
    Posted on October 25, 2010 at 6:43pm

    Oh God! How long has this law been around. Let me get this straight. Some one looking at the church bulletin board was just looking for housing and was offended by the desire to rent to a Christian? This smacks of predatory intention. Churches, Conservatives and religion in general are under attack in this nation people. and a very small minority is using the PC police to further their agenda and move the window a little further to the left…WAKE UP AMERICA!!!

    Report Post »  
    • MIlitary Nurse
      Posted on October 25, 2010 at 6:54pm

      Not religion…Christianity!

      Muslims/Islam is ok, Christianity is bad

      Report Post » MIlitary Nurse  
    • heavyduty
      Posted on October 25, 2010 at 7:16pm

      This is so full of crap that it shouldn’t even go to trial. If the person that made the complaint can’t come forward then it should be dismissed. What ever happened to be able to face your accusers?

      Report Post »  
    • american1st
      Posted on October 25, 2010 at 7:34pm

      1968 it is meant to protect Cristians and anyone (race, disability, age etc) who is renting from discrimination by landlords, this is the first time i have heard of it being applied to a roommate situation, i think its a misapplication of the law and the renter could make a good fight of it..

      Report Post » american1st  
    • Oh, God!
      Posted on October 25, 2010 at 7:51pm

      So, let get this straight: It’s OK to post an ad in a so-called newspaper for a woman seeking woman, man seeking man, single white female seeking roommate, etc. Get my drift here? How is this any different? Oh, wait, because it involves religion. People should be able to find whatever type of roommate they want. The government is not going to tell me who I can have living at my house. End of story.

      Report Post » Oh, God!  
    • lqtm
      Posted on October 25, 2010 at 8:05pm

      LOL you’re being sucked right into the spin here. If I posted an ad that said I wanted only a white roommate you might be singing a different tune. Or maybe not. Either way the equal protection clause would apply in the same way to someone saying only a Muslim, or only a Pagan, and I bet you wouldn’t be arguing that they should be allowed to exclude Christians. You would argue that they hated America and were trying to impose Sharia law. Of course this is hypothetical, but if you hold this position you have to be consistent in your application. This is the definition of discrimination and we have housing laws that protect against it to level the playing field for ALL religions. That way we don’t have a situation like in Nazi Germany, where anyone who doesn’t like Jews can simply not allow them housing, and force them out of the neighborhood, the city, the state, or the country. You know, equality, like what our constitution strives to create. For a group of people who espouse constitutional values, you people sure don’t care about the real intentions of the constitution unless they suit your own, selfish needs.

      -J.D./LL.M. Law Student

      Report Post »  
    • snowleopard3200
      Posted on October 25, 2010 at 8:14pm

      Here we go again with PC = Prosecution of Christians.

      http://www.artinphoenix.com/gallery/grimm (mix art)

      Report Post » Snowleopard {gallery of cat folks}  
    • american1st
      Posted on October 25, 2010 at 8:21pm

      lqtm you are right with regard to housing law for landlords, it is there to protect Christians (and all other religions races etc), but the question of whether this applies to selecting roommates and whether you have freedom of speech to mention your criteria for a roommate is a different legal problem,and not the same as laws for landlords

      Report Post » american1st  
    • Oh, God!
      Posted on October 25, 2010 at 8:46pm

      @ LQTM: you got that one wrong, don’t worry, liberal law students do. I don’t care who you have as your roommate, you can ask anyone you want to live with you. It is the landlord that can not discriminate on who they rent to, not the person looking for a roommate or a homeowner looking for a roommate. There is a difference. But, we have to be fair to everyone, because goodness, if we aren’t, we might offend someone. I think you need to go back to school and get that chip off your shoulder.

      Also, if we can’t discriminate on who our roommate can be, what about all those that are looking for wither a female or male roommate? Isn’t that discriminating on the basis of sex?

      Report Post » Oh, God!  
    • Flashover
      Posted on October 25, 2010 at 8:46pm

      @LQTM

      Why don’t you study some Constitutional Law instead of case law. Oh that’s right, you can’t, someone put and end to that and I hate that guy.

      Report Post »  
    • american1st
      Posted on October 25, 2010 at 8:48pm

      why they picked a christian to go after and test the law instead of someone looking for a black or Muslim or lgbt roommate is another question, it may just be coincidence or random or it could be that the atheists that bring these type of law suits have a special hatred of Christianity,

      it is just some how hard to imagine this kind of case being brought against a Muslim right now, even if it technically would be the exact same legal case ,

      Report Post » american1st  
    • Contrarian51
      Posted on October 25, 2010 at 9:01pm

      LQTM, I suspect the law was designed for properties advertised for sale or rent, where discrimination on any grounds would be illegal and against public policy. This woman is advertising for a roommate, but she is the renter, not the property owner. I think the distinction is illustrated by this excerpt:

      “According to Haynes, if the ad had not included the word “Christian,” there would be no problem. While Haynes admits the woman may choose a roommate based on religion, it is against the law to post an ad about that intent.” In other words, she’s allowed to discriminate during the application process but not in her initial ad. A landlord rightly cannot discriminate during any part of the process. All that’s accomplished in this case is that this lady has to waste her time screening inquiries.

      Sounds like the law was written poorly and is being applied far beyond its intent, and certainly any prosecutor who would pursue this, rather than simply have someone advise the lady why she can’t word the ad the way she did, is a crusader to whom justice lacks importance.

      Report Post »  
    • Oh, God!
      Posted on October 25, 2010 at 9:47pm

      *either

      Report Post » Oh, God!  
    • LUDWIKA BRONISLAWA
      Posted on October 25, 2010 at 10:40pm

      This is ridiculous on so many levels. First, let me tell you about Grand Rapids and west Michigan in general…. DUTCH—CHRISTIAN REFORMED! Our congressional district has the largest population of Dutch people outside of the Netherlands and most of them are Christian reformed. This is a relatively conservative district and when somebody says they are looking for a ‘Christian’ roommate, they mean it like in the good old days. People used to say, “You know, he’s a good Christian” or, “She’s from a good Christian family”. It’s just a way of saying someone is generally a pretty good person. Around here a lot of people are still like that, granted GR is a larger city with a variety of people and views. My town is on the lake and we are the pround home of the world’s largest musical fountain. Now, the large ‘dune’ that the fountain is on has a flagpole at the top. Along side that flagpole is a giant cross that they raise EVERY sunday (during Coast Guard week it’s also an anchor : ) Back about 16 years ago, Independence day fell on a Sunday, so, at the musical fountain/fireworks display, above it all would be that giant, white cross. Wouldn’t you know some woman from CHICAGO complained, about OUR cross in OUR town! One person who doesn’t even live here tried to ruin OUR TRADITION. There was an uproar, buttons were made (by a friend from church with a printing business) and worn proudly, fliers were printed, a city cop (also a man from our church) lent his pickup truck (or maybe it wasn’t his ; ) to be driven around town with a giant white cross in the back. Oh yes, we uproared, and let me tell you, that was the FIRST and LAST time OUR cross didn’t rise on Sunday! They also put up a nativity scene on that hill every year. BTW, I am neither Dutch nor Christian reformed. LOL Oh and Coast Guard Festival is AWESOME, everyone should go! I say this woman is an individual with a room to let, NOT an apartment development.

      Report Post » LUDWIKA BRONISLAWA  
    • Anarcho Capitalist
      Posted on October 25, 2010 at 11:00pm

      This is not against fair housing if you live in the same house. You can come out and say your looking for a white Christian strait boy if you wanted and so long as its for a room mate it is not against the law on the books.

      Report Post » Anarcho Capitalist  
    • A Doctors Labor Is Not My Right
      Posted on October 26, 2010 at 12:41am

      Next, they‘re gonna tell me I can’t give gum to my friends unless I give some to everyone.

      Report Post »  
    • baron94
      Posted on October 26, 2010 at 9:44am

      This is a rediculous case. @ lqtm: the fair housing law is meant for landlords, real estate agents and the like. It was to prevent agencies from using bias in selling or leasing homes/apartments. This law is not to be directed at the individual.

      Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices; it shall be unlawful–To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.

      If this woman’s add did not have any mention of rent (which is not included in the article) then technically it shouldn‘t qualify as ’respect to the sale or rental of a dwelling’. It is more of a personal ad than anything else.

      Report Post »  
    • 1776Federalist
      Posted on October 26, 2010 at 3:29pm

      LQTM – you are way off on this one lawyer boy. If the woman was renting out a separate space she could not specify, but since she would be living with the person in the same household, she has every right to put stipulations on it. If that were not the case, women would have no ability to refuse to allow a man who is a stranger to live within the same apartment, in fear of their lives and honor.

      Report Post »  
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