Mr. Fair Housing's Help Desk Tip of the Week #28
By Paul Vojchehoske
Mr. Fair Housing Seminars
Recently, I was employed by a property management company in Alabama to provide Fair Housing training to their staff. As I approached the apartment community, I noticed that in addition to the American Flag and the State of Alabama Flag, the community was flying the Confederate Battle Flag.
After introducing myself to the staff, I spoke with the site manager regarding the flag. I was interested to know why they are flying the battle flag. The manager simply stated that it is a "Heritage" issue and in no way does it represent anything other than that.
SO, my question is: Does flying the Confederate Battle Flag constitute a Fair Housing issue?
When I was in property management my broker had a firm policy of: "The best defense to a Fair Housing claim is not to have the claim filed in the first place." Whether or not the "flag" itself rises to the level of a Fair Housing violation is debatable even between the three Fair Housing attorneys I conferred with regarding this issue. What is NOT debatable is, "DON"T DO ANYTHING THAT CAN INVITE A COMPLAINT!" Flying the Confederate Battle Flag is inviting a complaint!
While I have no doubt whatsoever that the staff of the apartment community had nothing but good intentions by flying the flag, I had to remind them that many, particularly African-Americans, find the flag offensive. In a competitive leasing world, the objective of the manager is to find and rent to the highest and most qualified applicant. The flag itself is driving potential tenants away from the community to other communities.
Make no mistake about it, the flag is a ticking Fair Housing time bomb waiting for someone to pull the pin! Not only would this be costly to defend in monetary terms, it would create unwanted "Bad" publicity for all involved. Remember, the best defense to a Fair Housing complaint is not to have a complaint filed in the first place.
After a short conversation with the manager the Confederate Battle Flag was replaced with a Roll Tide Football Flag! I was told if it "offended" L.S.U. Tiger or Florida Gator fans that was a risk they were willing to take. :o)