Fair Housing Month may not be until April, but it’s never too early to brush up as a real estate agent on the Fair Housing protected classes, nationally and for your state. Why is this important? As you know as a real estate agent, the information you divulge and the actions that you take cannot in any way discriminate against any person based on one of the protected classes.
We put together the protected classes in all 50 states to make sure that you kick your year off to a great legal start. But first, let’s start with the seven protected classes recognized on the federal level.
Fair Housing Act – National Level
The Office of Fair Housing and Equal Opportunity (FHEO) seeks to “eliminate housing discrimination, promote economic opportunity, and achieve diverse, inclusive communities by leading the nation in the enforcement, administration, development, and public understanding of federal fair housing policies and laws.”
The FHEO protects people from discrimination based on seven classes:
- Race
- Color
- Religion
- Sex
- National origin
- Disability (mental or physical)
- Familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18)
States with the Same Protected Classes as Federal Law
Of the 50 states and Washington DC, those below protect that same classes as the Federal Fair Housing Act. We’ve also included the authority that provides the most information on local fair housing laws in each state.
- Alabama – Alabama Department of Economic and Community Affairs
- Arizona – Arizona Fair Housing Center
- Arkansas – Arizona Department of Housing
- Florida – Fair Housing Center of the Greater Palm Beaches
- Idaho – Intermountain Fair Housing Council
- Louisiana – Louisiana Office of Community Development
- Mississippi – Mississippi Development Authority
- Nebraska – Family Housing Advisory Services, Inc., Fair Housing Center
- North Carolina – The Fair Housing Project of Legal Aid of North Carolina
- South Carolina – Fair Housing South Carolina
- South Dakota – South Dakota Housing Development Authority
States with Additional Protected Classes
The other states, including the District of Columbia, include protected classes in addition to those covered by the Fair Housing Act. Some states have
- Alaska – Fair Housing Enforcement Project
- Marital status, changes in marital status
- California – California Department of Fair Employment and Housing
- Sexual orientation, marital status, ancestry, source of income
- Colorado – Colorado Department of Local Affairs
- Creed, ancestry, sexual orientation (including transgender status), marital status
- Connecticut – Connecticut Fair Housing Center
- Gender identity or expression, age, ancestry, marital status, sexual orientation or lawful source of income (which means that income from social security, SSI, housing assistance, child support, alimony, public or general assistance should not restrict your housing rights)
- Delaware – Delaware Housing Coalition
- Age (18 years old and above), creed, marital status, sexual orientation
- District of Columbia – DC Office of Human Rights
- Age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, source of income, or place of residence or business of any individual
- Georgia – Georgia Department of Community Affairs
- Age
- Hawaii – Hawai’i Fair Housing Enforcement Program, Legal Aid Society of Hawai’i
- Age, gender identity or expression, sexual orientation, marital status, or HIV infection
- Illinois – Illinois Department of Human Rights
- Age (40 years of age or older), ancestry, marital status (single, married, widowed, divorced, separated), sexual orientation (actual or perceived heterosexuality, homosexuality, bisexuality or gender-related identity), order of protection status (for victims of domestic violence)
- Indiana – Indiana Civil Rights Commission
- Ancestry
- Iowa – IOWA Civil Rights Commission
- Creed, gender identity, retaliation, sexual orientation
- Kansas – Kansas Housing Resources Corporation
- Ancestry
- Kentucky – Kentucky Commission on Human Rights
- Sexual orientation, gender identity, or marital status
- Maine – Maine Human Rights Commission
- Sexual orientation, ancestry
- Maryland – Maryland Commission on Civil Rights
- Marital status, sexual orientation, gender identity
- Massachusetts – Massachusetts Commission Against Discrimination
- Age, ancestry, veteran status, sexual orientation, marital status, children, handicap, and receipt of public assistance or housing subsidy
- Michigan – Michigan Department of Civil Rights
- Age or marital status
- Minnesota – Minnesota Department of Human Rights
- Marital status, public assistance, sexual orientation
- Missouri – Missouri Department of Labor and Industrial Relations
- Ancestry
- Montana – Montana Fair Housing
- Creed, marital status, age
- Nevada – Silver State Fair Housing Council
- Sexual orientation, gender identity or expression
- New Hampshire – New Hampshire Commission or Human Rights
- Age, marital status, sexual orientation
- New Jersey – The State of New Jersey, Department of Law & Public Safety, Division on Civil Rights
- Creed, gender identity or expression, marital status, civil union status, affectional or sexual orientation, ancestry, domestic partner status, or source of lawful income
- New Mexico – New Mexico Mortgage Financing Authority
- Ancestry, sexual orientation, gender identity, spousal affiliation
- New York – Civil Rights Bureau of the New York State Attorney General’s Office
- Creed, age, sexual orientation, marital status, or military status
- Buffalo, Hamburg, West Seneca, and Nassau County also prohibit source of income discrimination in housing
- North Dakota – North Dakota Department of Labor and Human Rights
- Age, status with respect to marriage or public assistance, age, marital status, and status as a victim of domestic violence in certain circumstances
- Ohio – Ohio Office of the Attorney General, Division of Civil Rights
- Ancestry, military status
- Oklahoma – Metro Fair Housing Council of Oklahoma
- Age
- Oregon – Fair Housing Council of Oregon
- Marital status, legal sources of income, and sexual orientation / gender identity, order of protection status (for victims of domestic violence)
- Pennsylvania – Housing Equality of Center of Pennsylvania
- Age
- Other local jurisdictions: marital status, sexual orientation, gender identity, source of income
- Rhode Island – Rhode Island Housing – Fair Housing Rhode Island
- Marital status, sexual orientation, gender identity or expression, age (18+), or status as a victim of domestic violence
- Tennessee – Tennessee Fair Housing Council
- Age, creed
- Texas – Texas Department of Housing and Community Affairs
- Click on the link above to find local authority websites for specific, additional protected classes
- Vermont – CVOEO Fair Housing Project
- Age, marital status, sexual orientation, receipt of public assistance, gender identity, denial of development permitting based on income of prospective residents
- Virginia – Virginia Fair Housing Office
- Age
- Washington – Fair Housing Center of Washington
- Marital status, sexual orientation, gender identity, veteran’s status
- West Virginia – West Virginia Fair Housing Action Network
- Ancestry, blindness
- Wisconsin – The Fair Housing Council (Wisconsin)
- Age, marital status, lawful source of income, sexual orientation, order of protection status (for victims of domestic violence and stalking victims)
- Other local protected classes: Military discharge status, physical appearance, political beliefs, student status, domestic partnership, tenant union association, gender identity, genetic identity, citizenship status (City of Madison only), Section 8 Housing Vouchers, nonreligion, homelessness (City of Madison only)
- City of Milwaukee and Milwaukee County: Gender ddentity or expression, military service, domestic partnership (Milwaukee County only)
- City of Appleton: Gender identity or expression
- Wyoming – Wyoming Community Development Authority
- Age
Last updated January 9, 2017. This post is for informative purposes only based on a compilation of information from various online resources. We are not liable for any actions taken or results as a consequence of the information shared here. Consult your broker for final confirmation on any local and state laws regarding this topic.
