What fair housing laws must landlords follow?

Fair Housing Laws Pennsylvania Landlords Must Follow

As a landlord in Pennsylvania, it is essential to comply with both federal and state fair housing laws to ensure equitable treatment of tenants and prospective tenants. These laws protect individuals against discrimination in housing-related activities such as renting, leasing, or selling property. Adhering to these regulations not only helps avoid legal liabilities but also promotes a fair and inclusive rental market.

Overview of Federal Fair Housing Law

At the federal level, the cornerstone is the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), which prohibits discrimination based on the following protected classes:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (presence of children under 18)
• Disability

This law applies to nearly all rental properties, whether single-family homes, apartments, or condominiums.

Pennsylvania Fair Housing Act: Expanding Protections

Pennsylvania has enacted its own Pennsylvania Human Relations Act (PHRA), which complements and extends federal protections. The PHRA is enforced by the Pennsylvania Human Relations Commission (PHRC).

Protected Classes Under the PHRA

The PHRA prohibits discrimination on the basis of all federal protected classes plus additional categories:

• Age (any age)
• Marital status
• Use of a guide or support animal because of blindness, deafness, or physical disability
• Sexual orientation
• Gender identity or expression (explicitly added under state law)
• Source of income (including tenants receiving housing vouchers such as Section 8)

Key Points for Pennsylvania Landlords

• The PHRA applies broadly to nearly all housing providers, including landlords, rental agents, and property managers.
• Unlike federal law, the PHRA explicitly prohibits discrimination based on age and sexual orientation/gender identity, making these important considerations in tenant screening and interactions.
• It is illegal to refuse to rent, set different terms, or deny housing advertisements or applications based on any protected characteristic.
• Reasonable accommodations must be made for persons with disabilities, such as allowing service animals or modifying policies to permit assistive devices.

Practical Compliance for Pennsylvania Landlords

To ensure compliance with these fair housing requirements, landlords in Pennsylvania should adopt sound policies and training.

Screening and Tenant Selection

• Establish clear, consistent, and non-discriminatory tenant screening criteria based on objective factors such as credit history, rental history, and income.
• Avoid questions or application requirements that reveal or target protected characteristics, for example, pregnancy status, religion, or sexual orientation.
• Do not inquire about the use of housing vouchers or sources of income, unless permitted under specific circumstances.

Advertising Rental Properties

• Use inclusive language in rental ads.
• Avoid phrases that suggest preference or limitation based on family status, race, religion, or any protected class (e.g., "no children," "Christian families only").
• Clearly state nondiscrimination policies when advertising to deter discriminatory inquiries or applications.

Reasonable Accommodations and Modifications

• Be prepared to accommodate tenants with disabilities by allowing reasonable modifications to the property or policies. Examples include:

- Making physical alterations (e.g., installing grab bars) - Allowing emotional support animals, even if property policy generally prohibits pets - Providing alternative communication methods if necessary

• Requests for accommodations should be reviewed promptly and in good faith to avoid complaints or violations.

Handling Complaints and Enforcement

• Landlords should have a process for addressing fair housing complaints internally.
• If a tenant or applicant claims discrimination, investigate promptly and document all steps taken.
• Failure to comply with the PHRA and the Fair Housing Act can result in investigations and penalties enforced by the PHRC or the U.S. Department of Housing and Urban Development (HUD).

Summary

In Pennsylvania, landlords must abide by both the federal Fair Housing Act and the Pennsylvania Human Relations Act. These laws prohibit discrimination based on race, color, national origin, religion, sex, familial status, disability, as well as Pennsylvania’s expanded classes including age, marital status, sexual orientation, gender identity, and source of income. Compliance involves fair tenant screening, inclusive advertising, reasonable accommodation for disabilities, and prompt handling of complaints.

By understanding and applying these protections, Pennsylvania landlords foster equitable housing opportunities and reduce the risk of costly legal challenges. Maintaining fair housing compliance is not only a legal obligation but also a commitment to integrity and fairness in Pennsylvania’s diverse rental market.