Real Estate · State Fair Housing

Federal Fair Housing Act protected classes are race, color, religion, national origin, sex, familial status, and disability. Many states ADD protected classes — which of the following is commonly added by state law?

Correct answer

Sexual orientation, gender identity, marital status, age (above federal protections for familial status), source of income (e.g., Section 8 vouchers), military status, and ancestry are commonly added by various states — exact protections vary

  1. A Eye color
  2. B Sexual orientation, gender identity, marital status, age (above federal protections for familial status), source of income (e.g., Section 8 vouchers), military status, and ancestry are commonly added by various states — exact protections vary
  3. C Favorite music genre
  4. D Hairstyle

Why this is the answer

FEDERAL FAIR HOUSING ACT (1968, amended 1988) protected classes: (1) RACE; (2) COLOR; (3) RELIGION; (4) NATIONAL ORIGIN; (5) SEX (added 1974; HUD interprets to include gender identity and sexual orientation since 2021); (6) FAMILIAL STATUS (added 1988; protects families with children, pregnant women, persons taking custody); (7) DISABILITY/HANDICAP (added 1988). STATE-ADDED PROTECTED CLASSES (varies — examples): (1) SEXUAL ORIENTATION — many states (California, New York, Illinois, Washington, Massachusetts, etc.); (2) GENDER IDENTITY — increasing state coverage; (3) MARITAL STATUS — California, others; (4) AGE — beyond familial status (some states protect older adults specifically); (5) ANCESTRY — distinct from national origin in some states; (6) MILITARY STATUS / VETERAN STATUS — California, Illinois, others; (7) SOURCE OF INCOME (e.g., Section 8 vouchers, public assistance, child support) — many states and major cities (NYC, Chicago, Seattle); (8) ENGLISH LANGUAGE PROFICIENCY — California; (9) GENETIC INFORMATION — some states; (10) DOMESTIC VIOLENCE STATUS — many states; (11) ARREST/CONVICTION RECORD — some states limit; (12) HIV/AIDS — falls under disability federally but explicitly protected by state in some. ENFORCEMENT — federal: HUD, DOJ; state: human rights commission, attorney general, fair housing organizations. PROHIBITED ACTS — federal and most state: (a) Refusing to sell or rent; (b) Setting different terms or conditions; (c) Discriminatory advertising; (d) Misrepresenting availability; (e) BLOCKBUSTING (encouraging panic sales by claiming neighborhood is changing); (f) REDLINING (refusing loans/insurance based on protected class); (g) STEERING (directing buyers based on protected class); (h) Refusing reasonable accommodations or modifications for disabled. PENALTIES: HUD complaint, federal civil suit, state action; damages, injunctions, fines. EXAM PREP for state portion: know which classes YOUR state adds, what specific local fair housing laws apply, what local fair housing organizations exist.
Source: Real Estate State Portion, State Fair Housing

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