Protected classes

Protected classes in fair housing law are demographic groups that have historically suffered from discrimination

Protected Classes were created under the Fair Housing Laws because of HISTORIC DISCRIMINATION. Certain classes of people were treated differently in real estate transactions because of their demographic characteristics ...not because of behavior.

There are 7 Federally Protected Classes

race
color
religion
national origin
gender (female headed households)
familial status (families/households with children under 18 years of age)
disability

There are 2 additional protected classes under Ohio's Fair Housing Act (ORC 4112)

ancestry
military status

There are two classes which have "regulatory" protection in Federally assisted housing as if they were protected classes

Lesbian, Gay, Bisexual and Transgender (LGBT)
Victims of Domestic Violence

LGBT protection is the next frontier for Ohioans

Federal administrative protections come in two forms

1. Looking for overlaps with existing protected classes, eg. female headed households, persons with disability.
2. Banning LBGT discrimination in Federally assisted housing

Advocates seek protection under Ohio's FH law....others oppose
Discrimination against gays legal in Ohio: employment is fight now that gay marriage is legal
Ohio AG: Gays Do Not Need to Be a Protected Class

What are NOT protected classes?

Senior and older adults (however over 55 and over 62 housing may be permitted)
Smokers
Source of income, eg. Housing Choice Vouchers. Although there are some disparate impact arguments that might be raised.

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