Jonah Patel
In the United States, low income is not a protected class under federal law. However, some states, cities, and counties have added source of income as a protected category, particularly in relation to housing. This means that landlords and property management companies are prohibited from discriminating against tenants based on their source of income. For example, in Illinois, the Illinois Human Rights Act (IHRA) includes source of income as a protected class, meaning that housing providers cannot refuse to rent to a household because of a housing voucher.
| Characteristics | Values |
|---|---|
| Low income as a protected class | Not under federal law, but some states, cities and counties are adding it as a protected category |
| Exceptions | Social Security Disability Insurance is protected under the federal Fair Housing Act |
| States with low income as a protected class | Illinois |
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What You'll Learn
Housing vouchers
While low income does not constitute a protected class under federal law, there are some protections in place for those with housing vouchers. Federal rules prohibit properties that use HOME program funds or funds from the Low-Income Housing Tax Credit (LIHTC) program from refusing to rent to a household because of a housing voucher.
Additionally, while housing providers are not required to lower their rent to accommodate a source of income, they must not inflate their rent to avoid renting to a housing choice voucher participant. This is the case in Illinois, where the Illinois Human Rights Act (IHRA) includes source of income as a protected class.
The ongoing struggle with housing affordability and availability has led many states, cities, and counties to add source of income as a protected category. However, it is important to note that the protections provided by these local laws may vary, and in some cases, there may be additional protections under federal law. For example, individuals who receive Social Security Disability Insurance are protected under the federal Fair Housing Act because disability is a protected characteristic.
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Social Security Disability Insurance
Low income is not a protected class under federal law. However, disability is a protected class under the federal Fair Housing Act.
To be eligible for SSDI, you must meet certain requirements based on your age, disability, and work history. You can apply for SSDI online, by phone, or in person. If your application is approved, there is a five-month waiting period before benefits start. If your application is denied, you can appeal the decision.
In addition to SSDI, there is also Supplemental Security Income (SSI), which is for people who have little to no income. SSI does not require you to have a work history and provides money to cover basic needs like food, clothing, and housing. Depending on your eligibility, you may be able to collect both SSDI and SSI benefits at the same time.
It is important to note that SSDI and SSI are not the only sources of financial assistance for individuals with disabilities. There may be other government programs or private organizations that offer support. Additionally, individuals with disabilities may be eligible for other types of Social Security benefits, such as Social Security retirement or survivor benefits, depending on their specific circumstances.
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Real estate brokerage activities
While low income does not constitute a protected class under federal law, there are some protections in place for low-income households. For example, federal rules prohibit properties that use funds from the HOME program or the Low Income Housing Tax Credit (LIHTC) program from refusing to rent to a household because of a housing voucher.
Additionally, some states, cities, and counties have added source of income as a protected category at the local level. For example, in Illinois, the Illinois Human Rights Act (IHRA) includes source of income as a protected class, which applies to real estate brokerage activities, including leasing. This means that real estate brokers and other housing providers in Illinois must not discriminate against potential tenants based on their source of income, such as housing choice vouchers. However, housing providers are not required to lower their rent to accommodate a source of income, but they must not inflate their rent to avoid renting to a voucher holder.
It is important for real estate brokers and other housing providers to be aware of the laws and regulations regarding protected classes in their specific location to ensure they are complying with fair housing laws and avoiding potential liability.
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Housing affordability
While low income does not constitute a protected class under federal law, there are some protections in place for low-income households. For example, federal rules prohibit properties that use funds from the HOME program or the Low-Income Housing Tax Credit (LIHTC) program from refusing to rent to a household because of a housing voucher. Additionally, while housing providers are not required to lower their rent to accommodate a source of income, they must not inflate their rent to avoid renting to a housing choice voucher participant.
The ongoing struggle with housing affordability and availability has led many states, cities, and counties to add source of income as a protected category. For example, in Illinois, the Human Rights Act (IHRA) includes source of income as a protected class, prohibiting housing providers from discriminating based on this factor. This means that landlords and property management companies must refrain from inflating rent to avoid renting to individuals with housing vouchers.
While there may be some protections in place for low-income households, it is important to note that these protections vary depending on the state, city, or county. As such, individuals with low incomes may still face challenges in finding affordable housing, particularly in areas where source of income is not recognised as a protected class. This highlights the need for comprehensive protections against discrimination based on source of income to ensure equal access to housing for all.
In conclusion, while low income does not constitute a protected class under federal law, there are efforts at the state, city, and county levels to address housing affordability and availability by including source of income as a protected category. These protections vary across jurisdictions, and further action is needed to ensure that individuals with low incomes have equal access to housing.
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Housing providers
While source of income is not a protected class under federal law, it is protected in certain states, cities and counties. For example, in Illinois, the Illinois Human Rights Act (IHRA) includes source of income as a protected class. This means that housing providers must not inflate their rent to avoid renting to a housing choice voucher participant. However, they are not required to lower their rent to accommodate a source of income.
It is important to note that the definition of source of income can vary. For example, while Section 8 vouchers are not protected under the FHA, Social Security Disability Insurance is protected because disability is a protected characteristic. Therefore, housing providers should be cautious when considering an applicant's source of income and seek legal advice if necessary.
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Frequently asked questions
No, low income is not a protected class under federal law. However, some states, cities and counties are adding source of income as a protected category.
A protected class is a characteristic that is protected under the FHA (Fair Housing Act). For example, rejecting an applicant because he's from South America is illegal because the FHA bans discrimination based on national origin.
Federal rules prohibit properties that use HOME program funds or funds from the Low Income Housing Tax Credit (LIHTC) program from refusing to rent to a household because of a housing voucher.
