What are the seven federal protected classes under the Fair Housing Act, and what does each one cover?
The seven federal protected classes are: (1) Race; (2) Color; (3) Religion; (4) National Origin; (5) Sex (including sexual harassment, pregnancy, gender identity); (6) Familial Status (families with children); (7) Disability. These classes apply to all housing transactions covered by the Fair Housing Act.
Key Takeaways
- The seven federal protected classes are: (1) Race.
- These classes apply to all housing transactions covered by the Fair Housing Act.
- Rules vary by state; always learn your specific state's requirements.
Fair Housing & Ethics on the Real Estate Exam
Identifying protected classes is foundational to fair housing compliance. Real estate professionals must recognize these categories to avoid discrimination, understand what constitutes a violation, and apply fair housing law correctly in all client interactions. Exam questions frequently test whether you can identify whether a particular characteristic is a protected class and what protection it receives under federal law.
Understanding Fair Housing & Ethics: Key Concepts
What It Means
The Fair Housing Act of 1968 established seven federally protected classes in housing. Understanding what each class covers is essential for compliance.
Rights and Protections
Race is protected; discrimination based on a person's race is always prohibited. This includes not only explicit racial discrimination but also policies that have a disparate impact on people of a particular race. Color is a separate protected class, addressing discrimination based on skin tone or other color characteristics, even among people of the same race. Religion protects against discrimination based on religious beliefs, practices, or membership in religious organizations. This includes providing reasonable accommodations for religious observance (such as allowing a mezuzah or allowing time for prayer).
National Origin covers discrimination based on a person's country of origin, accent, or national ancestry. It includes protections against policies that disproportionately affect people from specific countries. Sex, added in 1988, covers discrimination based on gender. In 2020, the Supreme Court clarified that sex discrimination includes discrimination based on sexual orientation and gender identity, significantly expanding protection in housing. Sex also covers pregnancy and pregnancy-related conditions, and sexual harassment in housing contexts is prohibited.
Rights and Protections
Familial Status, also added in 1988, protects families with children. It prohibits discrimination against pregnant women and families with minor children. Seniors-only housing is the primary exception to familial status protection. Disability is the broadest protected class, covering physical and mental disabilities, as well as those regarded as having a disability. Disability protection extends to accessibility requirements, reasonable accommodations (like service animals or accessible parking), and modifications. The ADA amplifies disability protections in housing.
Rights and Protections
Importantly, these protections apply throughout the transaction: from advertising and showing, to financing and insurance, to management and occupancy. Discrimination in any aspect of housing based on these classes is prohibited.
Fair Housing & Ethics Rules by State
Each state has its own rules when it comes to fair housing & ethics. Here are a few examples of how requirements differ:
California
California protects all seven federal classes and expands protection for sex to include sexual orientation, gender identity, and perception of gender. California law treats these expansions as part of the state's Unruh Civil Rights Act and Fair Employment and Housing Act, with broader remedies than federal law.
Texas
Texas protects the seven federal classes under state law mirroring federal standards. Some local ordinances in Austin, Dallas, Houston add sexual orientation and gender identity. Know the federal classes thoroughly for the Texas exam; state-specific expansions are less common than in other large states.
Florida
Florida protects the seven federal classes and adds age and marital status. The seven federal classes remain the foundation for all Florida fair housing questions. Florida Commission on Human Relations enforces all protected classes.
The seven federal protected classes appear on every state exam. Memorize them by acronym: CRRFSD (Color, Race, Religion, Familial Status, Sex, Disability) or create your own. Know what each covers; for example, know that sex now includes sexual orientation and gender identity, and that national origin includes accent and national ancestry. Exam questions often test whether you can identify whether conduct violates protection for a specific class. Be ready for scenario questions like: 'An agent refuses to show a property to a woman who is pregnant. Is this a violation of the Fair Housing Act?' (Yes, familial status); 'A landlord requires Spanish-speaking tenants to speak only English at home. Does this violate fair housing?' (Yes, national origin).
Rules vary across all 50 states
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