3 ms·

The notion of "protected class" specifically addresses which groups need protection and which don't, at least in the eyes of the law. Sex, race, disability are

by DenisM 10y ago

The notion of "protected class" specifically addresses which groups need protection and which don't, at least in the eyes of the law. Sex, race, disability are on the list. College kids are not. This list would be a good start for AirBNB.

deleted 10y ago
[deleted]
dragonwriter 10y ago
More specifically, the list of protections for rental discrimination in the particular jurisdiction that the rental occurs in would be appropriate, since its actually the legal requirement. (This may be different than "protected classes" under other laws.)
jasode 10y ago
>Sex, race, disability are on the list. Yes, but it looks like owner-occupied homes that are renting out a bedroom on AirBnB are exempt[1] from those discrimination laws. Paraphrase of law: "other than ... a building which contains not more than five rooms for rent ... which is actually occupied by the proprietor ... as his residence" Basically, it is legal for homeowners to discriminate on race for their personal dwelling. The concept appears to be related to the "roommate wanted" being exempted from the FHA Fair Housing Act.[2] There may be a grey area regarding a larger 6-bedroom home that the owner occupies but is renting out for a week while he's out of town. The owner doesn't have to physically share the space simultaneously with the renter. I can't tell if anti-discrimination laws applies to that situation. [1]https://www.law.cornell.edu/uscode/text/42/2000a https://www.law.cornell.edu/uscode/text/42/2000a: (1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; [2]https://blog.splitwise.com/2012/02/07/court-allows-discrimination-in-roommate-selection/ https://blog.splitwise.com/2012/02/07/court-allows-discrimin...
- dragonwriter 10y ago
  > Basically, is legal for homeowners to discriminate on race There is a big difference between "not a violation of federal law" and "legal". Many states have anti-discrimination laws with broader scope than the Federal Fair Housing Act.
  - the_ancient 10y ago
    Most states also have a Roommate exemption in their laws
    - dragonwriter 10y ago
      Which may be substantially narrower in applicability than the federal one. (That difference is actually the main relevant difference I was thinking of when I posted the grandparent post.)
  - jasode 10y ago
    >Many states have anti-discrimination laws with broader scope than the Federal Fair Housing Act. That's true but I can't think of one example of a state having tougher discrimination laws than the Federal code in regards to a homeowner's personal dwelling.
    - dragonwriter 10y ago
      California's roomer/roommate exemption is significantly more limited than the Federal one, so that's at least one state: 1. The federal exemption is a blanket one from the anti-discrimination rules, California's allows most discrimination but still limits advertising and still prohibits discrimination on medical condition or age (over 40) 2. the federal exception applies up to 5 rooms for rent, California's applies only when the owner is renting to a single roomer or boarder.
      - jasode 10y ago
        >and still prohibits discrimination on medical condition or age (over 40) The webpage (you cited previously) from the California Department of Consumer Affairs that mentions "medical" and "age" doesn't look to be correct. For reference, the source laws it cites are the following: (51) California's Unruh Civil Rights Act: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=51.&lawCode=CIV http://leginfo.legislature.ca.gov/faces/codes_displaySection... (51.2) (special case for senior citizens housing): http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=51.2.&lawCode=CIV http://leginfo.legislature.ca.gov/faces/codes_displaySection... Government Code Section 12927(a)(2)(A): http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=12925-12928 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&gr... Government Code Section 12955(c): http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=12955-12956.2 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&gr... Reading the actual laws doesn't find any exceptions to the exemptions for roommates and homeowners renting out a private room. The "medical condition" and "age" (along with "gender", "race", etc) are all part of California's Unruh Civil Rights Act. The only age-specific laws (51.2) was discrimination against younger people being acceptable so as to maintain the housing for senior citizens. In any case, it looks like the exemption for roommates based on it not being a "business". The law in (51) is directed at business establishments and not roommates/homeowners sharing a house/apartment. Based on a plain reading of the previous 4 cites, an 18-year-old girl in California can refuse to share accommodations with a 70-year-old asthma sufferer with a noisy oxygen tank. >2. the federal exception applies up to 5 rooms for rent, California's applies only when the owner is renting to a single roomer or boarder. Ok got it. But I wasn't using "tougher discrimination" in the sense that one state allows 1 room (or some other threshold number) instead of 5. Instead, I meant "tougher" as in certain state says you can't discriminate on race for the private bedroom in your house -- whereas FHA says you can.

by DenisM 10y ago

deleted 10y ago

[deleted]

dragonwriter 10y ago

More specifically, the list of protections for rental discrimination in the particular jurisdiction that the rental occurs in would be appropriate, since its actually the legal requirement. (This may be different than "protected classes" under other laws.)

jasode 10y ago

>Sex, race, disability are on the list. Yes, but it looks like owner-occupied homes that are renting out a bedroom on AirBnB are exempt[1] from those discrimination laws. Paraphrase of law: "other than ... a building which contains not more than five rooms for rent ... which is actually occupied by the proprietor ... as his residence" Basically, it is legal for homeowners to discriminate on race for their personal dwelling. The concept appears to be related to the "roommate wanted" being exempted from the FHA Fair Housing Act.[2] There may be a grey area regarding a larger 6-bedroom home that the owner occupies but is renting out for a week while he's out of town. The owner doesn't have to physically share the space simultaneously with the renter. I can't tell if anti-discrimination laws applies to that situation. [1]https://www.law.cornell.edu/uscode/text/42/2000a https://www.law.cornell.edu/uscode/text/42/2000a: (1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; [2]https://blog.splitwise.com/2012/02/07/court-allows-discrimination-in-roommate-selection/ https://blog.splitwise.com/2012/02/07/court-allows-discrimin...

dragonwriter 10y ago
> Basically, is legal for homeowners to discriminate on race There is a big difference between "not a violation of federal law" and "legal". Many states have anti-discrimination laws with broader scope than the Federal Fair Housing Act.
- the_ancient 10y ago
  Most states also have a Roommate exemption in their laws
  - dragonwriter 10y ago
    Which may be substantially narrower in applicability than the federal one. (That difference is actually the main relevant difference I was thinking of when I posted the grandparent post.)
- jasode 10y ago
  >Many states have anti-discrimination laws with broader scope than the Federal Fair Housing Act. That's true but I can't think of one example of a state having tougher discrimination laws than the Federal code in regards to a homeowner's personal dwelling.
  - dragonwriter 10y ago
    California's roomer/roommate exemption is significantly more limited than the Federal one, so that's at least one state: 1. The federal exemption is a blanket one from the anti-discrimination rules, California's allows most discrimination but still limits advertising and still prohibits discrimination on medical condition or age (over 40) 2. the federal exception applies up to 5 rooms for rent, California's applies only when the owner is renting to a single roomer or boarder.
    - jasode 10y ago
      >and still prohibits discrimination on medical condition or age (over 40) The webpage (you cited previously) from the California Department of Consumer Affairs that mentions "medical" and "age" doesn't look to be correct. For reference, the source laws it cites are the following: (51) California's Unruh Civil Rights Act: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=51.&lawCode=CIV http://leginfo.legislature.ca.gov/faces/codes_displaySection... (51.2) (special case for senior citizens housing): http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=51.2.&lawCode=CIV http://leginfo.legislature.ca.gov/faces/codes_displaySection... Government Code Section 12927(a)(2)(A): http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=12925-12928 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&gr... Government Code Section 12955(c): http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=12955-12956.2 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&gr... Reading the actual laws doesn't find any exceptions to the exemptions for roommates and homeowners renting out a private room. The "medical condition" and "age" (along with "gender", "race", etc) are all part of California's Unruh Civil Rights Act. The only age-specific laws (51.2) was discrimination against younger people being acceptable so as to maintain the housing for senior citizens. In any case, it looks like the exemption for roommates based on it not being a "business". The law in (51) is directed at business establishments and not roommates/homeowners sharing a house/apartment. Based on a plain reading of the previous 4 cites, an 18-year-old girl in California can refuse to share accommodations with a 70-year-old asthma sufferer with a noisy oxygen tank. >2. the federal exception applies up to 5 rooms for rent, California's applies only when the owner is renting to a single roomer or boarder. Ok got it. But I wasn't using "tougher discrimination" in the sense that one state allows 1 room (or some other threshold number) instead of 5. Instead, I meant "tougher" as in certain state says you can't discriminate on race for the private bedroom in your house -- whereas FHA says you can.