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7th Circuit Holds Condo Mezuzah Ban Does Not Violate Fair Housing Act

By Howard M. Friedman

In Bloch v. Frischholz, (7th Cir., July 10, 2008), the U.S. 7th Circuit Court of Appeals in a 2-1 decision held that the federal Fair Housing Act does not bar a condominium association from adopting a rule that effectively prevents any Jewish resident from placing a mezuzah on his or her door. The Shoreline Towers Condominium Association adopted a rule prohibiting objects or signs of any kind on the outside of owners' doors. Three years after the rule was adopted, it was applied to require owners to remove mezuzot. Subsequently the condominium adopted a religious exception to the rule, but plaintiffs sought damages and an injunction to prevent a future return to the old ban. The majority, in an opinion by Judge Easterbrook, said that effectively the lawsuit was seeking a religious exception to a neutral rule, and that failure to make an exception does not amount to discrimination. The corut therefore affirmed the trial court's grant of summary judgment to defendants.

Judge Wood dissenting said that plaintiffs are claiming religious discrimination, and that a reasonable interpretation of the facts is that the rule was not neutral. Instead its purpose was to discriminate against Jewish condo owners. She argues that a ban on mezuzot amounts to a constructive eviction for observant Jewish residents. In her view, the Fair Housing Act's ban on discrimination in the sale or rental of residential housing is not restricted to activities prior to sale. Yesterday's New York Sun reports on the decision. (See prior related posting.) [Thanks to Nicole Neroulias for the lead.]

Full post as published by Religion Clause on July 11, 2008 (boomark / email).