What fair housing rules apply to tenant screening?

Tenant Screening and Fair Housing Rules in Pennsylvania: A Guide for Landlords

In Pennsylvania, landlords must navigate strict rules when conducting tenant screening to ensure compliance with federal and state fair housing laws. These laws are designed to prevent discrimination and promote equal access to housing for all applicants. Understanding the applicable fair housing obligations during the tenant screening process is essential for Pennsylvania landlords to avoid legal pitfalls and maintain ethical, lawful practices.

Overview of Fair Housing Laws Relevant to Tenant Screening in Pennsylvania

Tenant screening involves evaluating prospective tenants based on rental applications, credit reports, background checks, and references. This process, if conducted improperly, can lead to discrimination against protected classes. Both federal and Pennsylvania state laws prohibit discrimination in housing decisions, including in tenant screening.

Federal Fair Housing Act (FHA)

The core protection comes from the federal Fair Housing Act (FHA), which applies nationwide, including Pennsylvania. The FHA prohibits discrimination based on:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (including children under 18 living with parents or legal custodians)
• Disability (physical or mental)

Pennsylvania Human Relations Act (PHRA)

Pennsylvania’s Human Relations Act (PHRA) mirrors and expands upon the FHA. The PHRA prohibits discrimination in housing based on the FHA’s protected classes plus additional ones:

• Age
• Ancestry
• Use of guide or support animals due to disability
• Genetic information

Given this, Pennsylvania landlords must consider both federal and state protections when screening tenants.

Key Fair Housing Rules Applied to Tenant Screening in Pennsylvania

1. Consistent Application of Screening Criteria

One of the fundamental requirements is to apply rental screening criteria uniformly to all applicants. This prevents arbitrary decisions that could disproportionately exclude members of protected classes.

• Use written screening policies that specify the criteria used (e.g., credit score minimums, income requirements, criminal background checks).
• Apply the same criteria to every applicant to avoid claims of disparate treatment.
• Document application decisions and maintain consistent records.

2. Avoid Criteria that Disproportionately Exclude Protected Classes

Even facially neutral screening policies can be discriminatory if they disproportionately exclude members of a protected class — this is known as “disparate impact.”

Examples of potentially problematic screening practices:

• Rejecting applicants based solely on arrests rather than convictions.
• Applying overly restrictive income requirements that disproportionately affect minorities.
• Blanket bans on applicants with certain criminal histories without considering the relevance to tenancy risks.

Landlords should tailor screening policies to focus on legitimate safety and financial concerns directly related to tenancy.

3. Reasonable Accommodations for Disabilities

Under both the FHA and PHRA, landlords must make reasonable accommodations in screening policies for applicants with disabilities. This could include:

• Waiving certain screening requirements (e.g., credit checks) if an applicant’s disability impacts their credit history.
• Allowing additional documentation or co-signers for applicants with disabilities.
• Accepting assistance animals despite “no pets” policies during screening.

Failure to provide reasonable accommodations can constitute discrimination.

4. Proper Handling of Criminal Background Checks

Pennsylvania landlords may conduct criminal background checks as part of screening; however, they must ensure compliance with fair housing laws:

• Avoid blanket bans on any criminal history without considering the nature and timing of offenses.
• Use individualized assessments to determine if the criminal record indicates an actual risk to tenant safety or property.
• Do not discriminate if a criminal record disproportionately impacts a protected class.

5. Use of Credit Reports and Compliance with FCRA

While credit reports are common in tenant screening, landlords must comply with the federal Fair Credit Reporting Act (FCRA):

• Obtain the tenant’s written consent before pulling a credit report.
• Provide an adverse action notice if rejecting the applicant based on credit information, including sources to dispute errors.
• Ensure credit criteria do not indirectly discriminate against protected classes.

6. Prohibition Against Inquiries Related to Protected Characteristics

Landlords should avoid questions or screening factors that inquire directly or indirectly into protected class status. Examples include:

• Asking about race, color, national origin, religion, or disability status during the application.
• Avoiding questions about familial status, pregnancy, or plans to have children.
• Not requesting genetic information or age outside of verifying legal rental age requirements.

7. Anti-Retaliation Protections

Pennsylvania landlords must not retaliate against applicants who complain about discrimination or exercise their fair housing rights during the screening process.

• Ensure that handling of applications is free of punitive actions due to protected status complaints.

Practical Steps Pennsylvania Landlords Can Take to Comply

• Develop Written, Non-Discriminatory Screening Policies: Formalize criteria based on lawful factors like income, rental history, and criminal records relevant to tenancy.
• Train Staff: Educate anyone involved in tenant screening on fair housing laws and how to avoid discriminatory practices.
• Use Standardized Application Forms: A uniform application form helps prevent inappropriate information requests and ensures consistency.
• Document Decisions: Keep clear records of screening decisions and the reasons to defend against claims of discrimination.
• Consult Legal Counsel: When in doubt, seek advice to tailor screening policies compliant with Pennsylvania’s fair housing laws.

Summary

Pennsylvania landlords must abide by stringent fair housing rules when screening tenants to avoid discrimination based on protected classes under both federal and state law. The key principles include consistently applying neutral screening criteria, avoiding disparate impact, accommodating disabilities reasonably, carefully managing criminal background checks, and respecting applicants’ rights under the FCRA. By implementing clear, fair, and legally compliant screening procedures, landlords fulfill both legal obligations and the ethical duty to provide equal housing opportunities.

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For more detailed guidance or updates regarding tenant screening and fair housing compliance in Pennsylvania, landlords should consult the Pennsylvania Human Relations Commission and relevant legal advisors.