A synagogue owns rental housing and, in accordance with its bylaws, gives preference to members of the Jewish faith when renting available units. Under the federal Fair Housing Act, this practice is:
- AIllegal, because religion is always a protected class with no exceptions
- BIllegal unless the synagogue obtains a special HUD waiver each year
- CLegal only if the synagogue also rents to people of all other religions equally
- DLegal, under the religious organization exemption, since the housing is owned by the religious institution and preference is limited to its own religion
Show answer & explanationAnswer & explanation
Correct answer: D. Legal, under the religious organization exemption, since the housing is owned by the religious institution and preference is limited to its own religion
The Fair Housing Act includes a specific exemption allowing religious organizations that own or operate housing for noncommercial purposes to limit occupancy or give preference to members of the same religion, provided membership is not restricted based on other protected classes like race or national origin. No annual waiver is required.
Why the other options are wrong
- A. Religion is protected, but the Act carves out a specific exemption for religious organizations' own housing.
- B. No annual HUD waiver is required; the exemption is automatic if statutory conditions are met.
- C. The exemption specifically allows preference for the organization's own religion, not equal treatment of all religions.
Religious Organization Exemption
The Fair Housing Act permits religious organizations to give preference to members of their own religion in housing they own for noncommercial purposes, as long as membership itself isn't restricted by race, color, or national origin.
- Applies only to noncommercial housing owned by the religious body
- Membership in the religion cannot be restricted by other protected classes
- Similar to but distinct from the private club exemption
Memory trick: A church can keep its own house for its own flock.