Protected Classes Reasonable Accommodation
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Protected Classes
Refusing to rent to a person who resists the landlord's sexual advances or to make life difficult for a tenant who has resisted such advances. Sexual Harassment: It is illegal to deny or limit services or facilities in connection with the sale or rental of a dwelling because a person failed or refused to provide sexual favors. Sexual harassment claims include: Making a sexual demand on a resident in order for that resident to get needed maintenance on the apartment, to get a rent concession, or to avoid an eviction; and A "hostile environment" claim, which can give rise to claims concerning the psychological well-being of a resident who can demonstrate such a situation. Examples of such discrimination include: The landlord tells you they'll only keep renting to you if you go on a date with them. A maintenance person comes to fix your sink and makes sexual jokes, comments, and gestures to you while there. Your property manager tells you, "I'll take $100 off your rent-if you. " National Origin Discrimination: It is illegal to discriminate because of national origin in the sale, rental, or financing of a dwelling, and in other housing-related transactions.
What About Other Protected Classes? Many states, counties, and cities have fair housing laws that prohibit forms of discrimination not barred by the FHA—such as source of income discrimination, marital status, or sexual orientation. So, for example, if a tenant claimed you discriminated against them based on marital status, the tenant could not bring a complaint under the FHA, since marital status is not a protected class under the FHA. However, if your state's law prohibited marital status discrimination, the tenant could file a state law claim against you. As a landlord, you should consider researching your state's antidiscrimination laws to learn more about protected classes where you live. If you have any questions about fair housing laws and how they relate to your tenant screening procedures or other business practices, speak with a local landlord-tenant attorney. A knowledgeable attorney will be able to give you advice tailored to the laws in your area and help ensure that you are doing everything you can to treat rental applicants and tenants fairly.
Reasonable accommodations may be necessary at all stages of the housing process, including application, tenancy, or to prevent eviction. Reasonable Modifications, is a structural modification that is made to allow persons with disabilities the full enjoyment of the housing and related facilities.
Housing advertisements stating that persons preferred or not wanted because of religion. Familial Status Discrimination: It is illegal to discriminate because of familial status in the sale, rental, or financing of dwelling, and in other housing-related transactions. Familial status covers the following: Families with 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 Housing advertisements stating that children are not wanted. Charging families higher rent or related fees because they have a child. Restricting families with children to one area of a building or complex. Denying housing to families or evicting them because they have a child. Administering rules and procedures that unfairly target families with children. Denying a mortgage because a person is pregnant or takes maternity leave. Charging a higher interest rate because a person is pregnant or takes maternity leave. Disability Discrimination: Under the Fair Housing Act, it is illegal to discriminate on the basis of disability in the sale, rental, financing of dwellings, and in other housing-related transactions.
The ongoing evolution of sex as a protected class In Price Waterhouse v. Hopkins (1989), the Supreme Court held that sex stereotyping is a form of prohibited sex discrimination. In Hopkins, Price Waterhouse denied Ms. Hopkins a position as a partner. The partnership committee based its decision on Ms. Hopkins not behaving as they expected a woman to in the workplace. For example, Ms. Hopkins received feedback that she should "walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled and wear jewelry. " The Court concluded that allowing such discrimination would undermine the purpose of Title VII. The concept of sex stereotyping is an important part of more recent developments in the area of protected classes. Two federal courts of appeals and the EEOC have concluded that Title VII prohibits discrimination based on sexual orientation because it is a form of sex discrimination. These courts have concluded that sexual orientation discrimination is based on stereotypes of who an individual should be attracted to based on the individual's sex.
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