Protected Class
A group of persons identified by a characteristic — such as race, color, national origin, religion, sex, familial status, or disability — that the Fair Housing Act (42 U.S.C. § 3604) forbids housing providers from using as a basis for discriminatory treatment.
Also known as: protected characteristic, FHA protected class
Definition
A protected class under federal fair housing law is a group of persons sharing a characteristic enumerated in the Fair Housing Act (FHA), 42 U.S.C. §§ 3601–3631, that housing providers may not use as a basis for discriminatory housing decisions.
Federal Protected Classes (FHA § 3604)
42 U.S.C. § 3604 prohibits discrimination in the sale or rental of housing on the basis of:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status (presence of children under 18 in the household; pregnancy)
- Disability (physical or mental impairment that substantially limits a major life activity)
Additional Federal Protections
The Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691, adds age and receipt of public assistance for credit decisions in housing financing.
State and Local Expansions
Many states and localities add protected classes not covered by federal law. California Government Code § 12955 adds: source of income, sexual orientation, gender identity, marital status, ancestry, disability (broader definition), and immigration status (as of 2023 AB 1745).
HUD Regulatory Framework
24 CFR § 100.5 and the implementing regulations at 24 CFR Part 100 define discriminatory housing practices and the scope of each protected class. HUD enforces the FHA and issues binding interpretive guidance on class definitions.
Sources
- 42 U.S.C. § 3604, Cornell LII —
cornell-lii - 24 CFR Part 100, eCFR —
ecfr - HUD.gov: Fair Housing Act —
hud-gov
Frequently asked questions
Federal Protected Classes (FHA § 3604)
U.S.C. § 3604 prohibits discrimination in the sale or rental of housing on the basis of: Race Color National origin Religion Sex Familial status (presence of children under 18 in the household; pregnancy) Disability (physical or mental impairment that substantially limits a major life activity)
Additional Federal Protections
The Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691, adds age and receipt of public assistance for credit decisions in housing financing.
State and Local Expansions
Many states and localities add protected classes not covered by federal law. California Government Code § 12955 adds: source of income, sexual orientation, gender identity, marital status, ancestry, disability (broader definition), and immigration status (as of 2023 AB 1745).
HUD Regulatory Framework
CFR § 100.5 and the implementing regulations at 24 CFR Part 100 define discriminatory housing practices and the scope of each protected class. HUD enforces the FHA and issues binding interpretive guidance on class definitions.
Sources
U.S.C. § 3604, Cornell LII — cornell-lii CFR Part 100, eCFR — ecfr HUD.gov: Fair Housing Act — hud-gov