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

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

Understanding Protected Classes in Housing

Federal and state laws aim to prevent discrimination in housing based on specific characteristics known as “protected classes.” Understanding the differences in these protections is crucial for compliance with fair housing regulations. The core principle is to ensure equal access and opportunity in housing regardless of these characteristics.

The Federal Fair Housing Act (FFHA)

The Federal Fair Housing Act (FFHA), codified in 42 U.S. Code § 3601 et seq., prohibits discrimination in the sale, rental, and financing of housing based on:

1. Race: Ancestry, ethnic origin, or perceived race. This protection is rooted in the historical context of racial discrimination in housing in the United States.

2. Color: The shade of one’s skin. This is distinct from race and protects against discrimination based on skin pigmentation.

3. Religion: Religious beliefs and practices. This protects against discrimination based on faith or lack thereof.

4. National Origin: The country where a person was born or their ancestors originated.

5. Sex: Originally intended to protect against discrimination based on gender. The definition has expanded to include gender identity and sexual orientation through court interpretations and agency guidance.

6. Familial Status: The presence of children under the age of 18 in a household. This protects families with children from being denied housing. Exceptions exist for senior housing that meets specific criteria.

7. Disability: A physical or mental impairment that substantially limits one or more major life activities. Landlords are required to make reasonable accommodations for individuals with disabilities.

The Iowa Civil Rights Act (ICRA)

The Iowa Civil Rights Act (ICRA), codified in Iowa Code Chapter 216, provides broader protections than the FFHA. It includes all the protected classes listed in the FFHA, and also includes:

1. Age: Prohibits discrimination based on age, typically meaning over the age of 18. This protection is not included in the Federal Fair Housing Act.

2. Marital Status: Protects individuals from discrimination based on whether they are married, single, divorced, separated, or widowed.

3. Sexual Orientation: Protects individuals from discrimination based on their actual or perceived sexual orientation, including homosexuality, heterosexuality, and bisexuality. While the interpretation of the FFHA has expanded to offer some protections based on sexual orientation, the ICRA explicitly lists it as a protected class.

4. Gender Identity: Protecting transgender and nonbinary individuals from discrimination based on their gender identity.

5. Creed: Is understood as a system of religious belief; this may extend to firmly held moral or ethical beliefs.

Key Differences: Age as a Protected Class

The most significant difference for the purpose of this chapter is the inclusion of age as a protected class under the Iowa Civil Rights Act, a protection that is not explicitly included in the Federal Fair Housing Act.

• Example: A landlord in Iowa cannot refuse to rent an apartment to a qualified tenant solely because they are 25 years old. Under the FFHA, this would not be a violation, unless it was a senior housing community that met specific criteria.

• Consideration: Age restrictions are permissible in certain types of housing specifically designed for older persons, such as senior living communities. The Housing for Older Persons Act of 1995 (HOPA) outlines the requirements for such housing to be exempt from familial status discrimination. However, this exception does not negate age discrimination against adults who are not of “older person” status.

Practical Applications and Scenarios

To understand the practical implications of the differences between the FFHA and ICRA, consider the following scenarios:

1. Scenario 1: Family with Children: A landlord refuses to rent to a family with two young children because they believe children are disruptive. This violates both the FFHA and the ICRA due to familial status discrimination.

2. Scenario 2: LGBTQ+ Individual: A landlord refuses to rent to an individual because they are perceived to be gay. While the FFHA has evolved through interpretation to potentially cover this, the ICRA explicitly prohibits discrimination based on sexual orientation.

3. Scenario 3: Older Adult: A landlord refuses to rent to a 28-year-old individual because they prefer “younger tenants”. This would not violate the FFHA but would violate the ICRA due to age discrimination.

4. Scenario 4: Married Couple: A landlord refuses to rent to a married couple, due to the belief that unmarried couples make better renters. This violates the ICRA due to discrimination based on marital status. The FFHA does not include marital status.

Mathematical Analogy (Illustrative)

While fair housing law isn’t mathematically quantifiable in a direct way, we can draw an analogy to set theory:

• Let F represent the set of protected classes under the FFHA.
• Let I represent the set of protected classes under the ICRA.

Then, F ⊂ I (F is a proper subset of I). This means that all protected classes under the FFHA are also protected under the ICRA, but the ICRA includes additional protected classes not found in the FFHA.

We can represent the difference as I \ F, which is the set of elements (protected classes) that are in I (ICRA) but not in F (FFHA). In this case, I \ F includes age, marital status, gender identity and creed.

Conclusion

The Iowa Civil Rights Act provides broader protections than the Federal Fair Housing Act. The critical distinction for the purpose of this training is that age is a protected class under the ICRA but not under the FFHA. Housing providers in Iowa must be aware of and comply with both federal and state laws to ensure fair and equal housing opportunities for all individuals. Furthermore, marital status, gender identity, and creed are also protected under the ICRA but not the FFHA.