How do I set my fair housing compliance policies – to the federal, state, or local level?
While the seven protected classes under the federal Fair Housing Act are the most commonly cited for fair housing compliance, many states and some local jurisdictions fair housing laws may have additional protected classes which grant greater protection against fair housing discrimination. State and local protected classes may include age, sexual preference, gender identity, gender expression, occupation, source of income, participation in Section 8 Housing Choice Voucher program, educational status, medical status, marital status, military background, political affiliation, or any other arbitrary reason.
Fair housing compliance will be in accordance to the laws, federal, state, and local, that offer the most protection for individuals in protected classes and characteristics. State and local fair housing laws can be more restrictive than federal laws. As an example, the New York City Human Rights Law prohibits housing discrimination based on a person’s real or perceived race, color, national origin, gender (including gender identity and sexual harassment), creed, disability, sexual orientation, marital status, partnership status, alienage or citizenship status, age, lawful occupation or because children may be or will be residing with the tenant.
Some state courts have also interpreted fair housing laws to mean that protected class categories serve as examples of illegal discrimination or harassment practices and that any arbitrary discrimination based on an individual’s characteristics or traits is also a violation of fair housing laws.
Since an applicant/tenant is potentially a member of any of the federally protected classes or state and local protected classes, the landlord’s rental screening and selection policies should be based on sound business policies rather than exclusion of certain group characteristics.