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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
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.