Chapter: Which of the following is NOT a protected class under the Federal Fair Housing Act? (EN)

Chapter: Which of the following is NOT a protected class under the Federal Fair Housing Act? (EN)

The Federal Fair Housing Act (FHA): A Foundation for Equal Opportunity

The Federal Fair Housing Act (FHA), enacted as Title VIII of the Civil Rights Act of 1968, is a cornerstone of civil rights legislation in the United States. Its primary purpose is to prohibit discrimination in the sale, rental, and financing of housing based on certain protected characteristics. Understanding these protected classes is critical for compliance and ensuring equitable access to housing. The Act aims to eliminate discriminatory practices stemming from prejudice and promote inclusive housing opportunities for all individuals.

Protected Classes Under the FHA

The FHA explicitly prohibits discrimination based on the following protected classes:

1. Race: Refers to a person’s ancestry, ethnic origin, or perceived race. Discriminatory practices based on race violate fundamental principles of equality.
2. Color: Relates to a person’s skin pigmentation. Differential treatment based on skin color is a prohibited form of discrimination under the FHA.
3. Religion: Encompasses an individual’s religious beliefs or practices. Landlords and housing providers must provide reasonable accommodations for religious practices where feasible, unless it causes undue hardship.
4. National Origin: Refers to the country where a person was born or where their ancestors originated. Discrimination based on national origin is unlawful. This includes denying housing based on accents or perceived immigration status.
5. Sex: Prohibits discrimination based on a person’s biological sex.
6. Familial Status: Protects families with children under the age of 18. Landlords cannot discriminate against families because they have children, subject to limited exceptions, such as housing specifically designed for older persons (e.g., 55+ communities). This also includes pregnant women and those in the process of securing legal custody of a child.
7. Disability: Protects individuals with physical or mental impairments that substantially limit one or more major life activities. Housing providers must make reasonable accommodations to rules, policies, practices, or services when necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling. This includes allowing service animals, even if a “no pets” policy exists.

Analyzing Potential Discriminatory Practices: A Framework

To scientifically assess if a housing practice is discriminatory, consider the following factors:

• Disparate Treatment: This occurs when a housing provider treats individuals from a protected class differently than others in similar situations. For example, charging a higher rent to an applicant because of their race is a clear case of disparate treatment.

• Disparate Impact: This occurs when a housing policy or practice appears neutral on its face but disproportionately harms individuals from a protected class. To establish disparate impact, the following elements are generally considered:

  • Identify a specific policy or practice.
  • Demonstrate a causal link between the policy and the disparate impact on a protected class. This can be demonstrated statistically.

  For example, consider a “no pets” policy, which seems neutral. However, if it disproportionately affects individuals with disabilities who rely on service animals, it may constitute a disparate impact violation, unless the policy is demonstrably necessary to achieve a legitimate, nondiscriminatory interest and there is no less discriminatory alternative.

  Statistical Analysis: The statistical significance of disparate impact can be assessed using various statistical tests. A simple example:

  • Success Rate Difference (SRD): SRD = (Rate of Success for Group A) - (Rate of Success for Group B)
    • Where Group A and Group B are groups based on a protected characteristic.
    • A substantial negative SRD indicates potential disparate impact against Group B.
  • Evidence of Discriminatory Intent: Evidence, such as discriminatory statements or previous discriminatory practices, can be used to establish discriminatory intent.

Common Misconceptions and Unprotected Classes

It’s crucial to identify characteristics that are not protected under the FHA. Common misconceptions arise regarding marital status, sexual orientation, gender identity, age (with limited exceptions), source of income, and occupation.

• Marital Status: The FHA does not explicitly prohibit discrimination based on marital status at the federal level. Some state and local laws may offer such protection.
• Sexual Orientation and Gender Identity: While not explicitly listed in the FHA, HUD interprets the FHA’s prohibition on sex discrimination to include discrimination based on sexual orientation and gender identity.
• Age: The FHA primarily protects families with children. Discrimination based on age against adults is generally not prohibited under the FHA, except for families with children. Housing specifically designed for older persons (55+) is permitted, subject to specific criteria.
• Source of Income: The FHA does not explicitly list “source of income” as a protected class. However, some state and local laws do protect against discrimination based on source of income (e.g., refusing to accept Section 8 vouchers). This can also be analyzed under disparate impact theory if a seemingly neutral policy disproportionately affects a protected class (e.g., families with children who rely on housing assistance).
• Occupation: The FHA does not protect against discrimination based on a person’s occupation.

Example: Experiment Illustrating Discrimination

A controlled experiment to examine potential racial discrimination in housing:

1. Design: Researchers create matched pairs of housing applications that are identical except for names that are associated with different racial groups (e.g., “Lakisha Washington” vs. “Emily Walsh”).
2. Procedure: These applications are submitted to landlords or housing providers.
3. Data Collection: Researchers record the number of callbacks, showings offered, and ultimately, the acceptance rates for each applicant.
4. Analysis: Statistical analysis is performed to determine if there is a significant difference in acceptance rates between the applicants based on their perceived race.

Such “audit studies” have been conducted to reveal patterns of discrimination, demonstrating the real-world impact of unfair housing practices.

Impact and Evolution of Scientific Knowledge

The FHA represents a significant breakthrough in civil rights, stemming from the scientific and social understanding of the detrimental effects of discrimination. Continuous research and data analysis continue to shape our understanding of housing discrimination. The evolving interpretation of the FHA by HUD and the courts reflects the ongoing pursuit of fairness and equality in housing opportunities. New laws and regulations at the state and local levels often address gaps in federal protection, building on the foundation laid by the FHA.

Mathematical Considerations: Measuring Segregation

Segregation levels within a community can be quantified using indices that reflect the uneven distribution of different racial or ethnic groups. One example is the Dissimilarity Index (D):

D = (1/2) * Σ | (Group A_i / Total Group A) - (Group B_i / Total Group B) |

Where:

• Group A_i is the population of Group A in census tract i.
• Total Group A is the total population of Group A in the area.
• Group B_i is the population of Group B in census tract i.
• Total Group B is the total population of Group B in the area.

The Dissimilarity Index ranges from 0 to 1, where 0 indicates perfect integration and 1 indicates complete segregation. These metrics provide a scientific basis for understanding the extent of residential segregation and the potential need for policies to promote fair housing.