Chapter: Under the Federal Fair Housing Act, which of the following is NOT a protected class? (EN)

Chapter: Under the Federal Fair Housing Act, which of the following is NOT a protected class? (EN)

Understanding the Federal Fair Housing Act (FHA)

The Federal Fair Housing Act (FHA), enacted as Title VIII of the Civil Rights Act of 1968, as amended, prohibits discrimination in the sale, rental, and financing of housing based on certain protected characteristics. Understanding these protected classes is crucial for compliance.

• The FHA aims to ensure equal housing opportunities for all individuals, regardless of their membership in a protected class. This goal stems from the fundamental principle of equality and the recognition that housing is a basic human need.
• The Act’s provisions apply to a wide range of housing-related activities, including advertising, sales, rentals, lending, and insurance. This broad scope is intended to eliminate discriminatory practices at every stage of the housing process.

Protected Classes Under the FHA

The FHA explicitly identifies seven protected classes:

1. Race: Refers to a person’s ancestry or ethnic origin. Discrimination based on race is prohibited.
   • This encompasses any differential treatment based on real or perceived racial identity.
   • Historical discrimination based on race has resulted in systemic inequalities in housing access, which the FHA aims to address.
2. Color: Refers to a person’s skin pigmentation. Discrimination based on skin color is prohibited, even within the same racial group.
   • This protection recognizes that discrimination can occur even when individuals share a common racial heritage.
   • Colorism, the prejudice or discrimination against individuals with a dark skin tone, is a specific form of discrimination that the FHA prohibits.
3. Religion: Refers to a person’s religious beliefs or practices. Discrimination based on religion is prohibited.
   • This protection extends to both organized religions and individual religious beliefs.
   • The FHA also requires reasonable accommodations for religious practices, such as allowing the display of religious symbols or modifying rules to accommodate religious observances.
4. National Origin: Refers to the country where a person was born, their ancestry, or their cultural characteristics. Discrimination based on national origin is prohibited.
   • This includes discrimination against individuals who are perceived to be from a particular country or region, even if they are not actually from that place.
   • Language barriers can sometimes be used as a pretext for national origin discrimination, which is also prohibited.
5. Sex: Refers to a person’s gender. Discrimination based on sex is prohibited.
   • This protection includes discrimination against women, men, and transgender individuals.
   • Sexual harassment in housing is a form of sex discrimination prohibited by the FHA.
6. Familial Status: Refers to the presence of children under the age of 18 in a household. Discrimination against families with children is prohibited.
   • This protection aims to prevent the exclusion of families with children from housing opportunities.
   • Exceptions may exist for senior housing communities specifically designed for older adults.
7. Disability: Refers to a physical or mental impairment that substantially limits one or more major life activities. Discrimination against individuals with disabilities is prohibited.
   • This protection requires housing providers to make reasonable accommodations for individuals with disabilities, such as allowing service animals or modifying building policies.
   • New construction of multifamily housing must also meet accessibility standards.

Characteristics NOT Protected Under the FHA

While the FHA provides broad protections against housing discrimination, it is crucial to recognize that not all characteristics are explicitly protected. Examples include:

1. Sexual Orientation and Gender Identity: While many states and localities have enacted laws protecting against discrimination based on sexual orientation and gender identity, these characteristics are not explicitly protected under the federal FHA. Note that the Supreme Court ruling in Bostock v. Clayton County extended Title VII protections to include sexual orientation and gender identity in the context of employment, but this has not been definitively extended to the FHA by legislative action, although HUD interprets the FHA to cover sexual orientation and gender identity through the lens of “sex” discrimination.
2. Age: The FHA does not generally prohibit discrimination based on age, except for familial status (protecting families with children under 18). Housing for older persons is exempt from the familial status requirements under certain conditions.
3. Marital Status: The FHA does not explicitly include marital status as a protected class. Some state and local laws, however, do protect against discrimination based on marital status.
4. Source of Income: The FHA does not explicitly include source of income as a protected class at the federal level. Some state and local laws, however, do protect against discrimination based on source of income (e.g., refusing to rent to someone who receives housing assistance).
5. Occupation: The FHA does not explicitly include occupation as a protected class.
6. Political Affiliation: The FHA does not explicitly include political affiliation as a protected class.

Disparate Impact and Discriminatory Effects

Even if a housing policy or practice appears neutral on its face, it can still violate the FHA if it has a disproportionately negative impact on a protected class. This is known as disparate impact or discriminatory effects.

• Example: A housing policy that requires all applicants to have a minimum credit score of 700 could disproportionately exclude minority applicants, who may have lower average credit scores due to historical discrimination and systemic inequalities.

Mathematical Representation of Disparate Impact

A simple representation of assessing disparate impact can involve comparing the selection rates for different groups:

• Let $S_p$ be the selection rate for the protected group.
• Let $S_n$ be the selection rate for the non-protected group.

A common rule of thumb is the “four-fifths rule,” which states that a selection rate for a protected group that is less than 80% (or 4/5) of the selection rate for the non-protected group may be evidence of disparate impact.

• Disparate Impact Exists If: $S_p < 0.8 * S_n$

This mathematical representation is a simplified illustration. Actual disparate impact analysis often involves more complex statistical methods and considerations.

Enforcement and Remedies

The FHA is enforced by the Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ). Individuals who believe they have been victims of housing discrimination can file a complaint with HUD or bring a private lawsuit in federal court.

• Remedies for violations of the FHA can include monetary damages, injunctive relief (ordering the housing provider to stop the discriminatory practice), and civil penalties.

Key Takeaways

• The Federal Fair Housing Act protects against discrimination in housing based on race, color, religion, national origin, sex, familial status, and disability.
• Sexual orientation, gender identity, age, marital status, source of income, occupation and political affiliation are generally not explicitly protected classes under the federal FHA.
• Even seemingly neutral policies can violate the FHA if they have a discriminatory effect on a protected class.