Chapter 1

Fair Housing Protected Classes

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Landlord's Guide to Fair Housing Laws

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Those protected by antidiscrimination laws will fit into what is known as “protected categories”— that is, certain characteristics of a person are protected by federal, state, and local laws that define these categories.

What Are the Protected Classes?

Race: The physical characteristics of a person that can generally be considered common across a group of people. Examples include African American, Hispanic, Asian, Caucasian, etc. You cannot discriminate against a person based on their race.

Color: Although this may seem related to race, it is separately identified in Fair Housing laws. This refers to the different shades of skin color people may have. You can also not discriminate based on the color of someone’s skin.

Religion: Defined as the beliefs a person has and cannot be discriminated against. In the eyes of the law, whatever God they worship doesn’t affect them being a good tenant.

National Origin: National origin refers to the country where someone was born. This does not necessarily align with citizenship, and cannot be discriminated against. 

Sex: The sex of a renter cannot and should not be a deciding factor in whether or not to rent to a prospective tenant. 

Read more about gender and sexuality-based housing discrimination here.

Familial Status: It is unlawful to discriminate based on a tenant’s family arrangements — this includes whether they have kids, are pregnant, live with elderly individuals, etc.

Disability: A person’s physical or mental disability should not be used in deciding whether to show or rent a property to them. According to Fair Housing laws, those with an addiction are also considered disabled. 

At the end of the day, don’t try to figure out if an applicant is in a protected class. Instead, treat every renter equally and with respect — not only will this ensure your own protection, but it will make you far more professional during the process of selecting a tenant.

It also helps to keep records of any legal reasons you chose not to rent to someone. For example, if you choose not to rent to someone with bad credit, keep track of every instance where you reject a person based on their credit. That way, if there ever is a discrimination case brought against you, you will have the proper documentation to prove otherwise.