(Source: Equality Housing Center's Know Your Rights as a Renter in Pennsylvania handbook)
If you have questions about housing discrimination or need to report discrimination, call the Fair Housing Law Center at 724-225-6170.
Title VIII of the Civil Rights Act of 1968, as amended, is known as The Fair Housing Act. The Fair Housing Act is the federal law that makes it illegal to discriminate in any housing related transaction based on seven protected classes.
Race, color, nationality, religion, sex, disability, familial status (e.g., presence of children)
The Pennsylvania Human Relations Act is the state law protecting consumers against housing discrimination and adds two additional protected classes.
Age (over 40)
Users, handlers, or trainers of assistance animals for persons with disabilities
Fair Housing laws make it illegal to discriminate against anyone based on a protected class in any of the following ways:
Refusing to rent or sell housing
Refusing to negotiate for the sale or rental of housing
Making housing unavailable or denying that housing is available
Setting different terms, conditions, or privileges for the sale or rental of housing, a mortgage loan, homeowner’s or renter’s insurance, or any other housing transaction
Advertising in a discriminatory way
Threatening or intimidating any one exercising a fair housing right or assisting anyone else in exercising their fair housing rights
The Fair Housing Act and the Pennsylvania Human Relations Act cover all types of housing, including:
Apartments
Mobile Home Parks
Condominiums
Single Family Homes
Public Housing
Nursing Homes
Dormitories
Group Homes for People with Disabilities
Buildings with two units where the owner lives in one of the units are exempt from the Pennsylvania Human Relations Act and buildings with four units where the owner lives in one of the units are exempt from the Fair Housing Act.
Housing run by religious organizations may limit occupancy to members as long as they do not discriminate based on race.
Housing for Older Persons (for people over the age of either 55 or 62) that meet certain requirements may refuse to rent to families with children.
There is never an exemption for discriminatory statements or discriminatory advertising.
The Fair Housing Act makes it illegal to make or publish any statement or advertisement that states a preference or limitation based on a protected class. The following are examples of illegal advertising:
“no kids”
“Apartment not suitable for handicapped person"
"perfect for a single or a couple"
"Christian home"
"Italian neighborhood"
Generally, a housing advertisement should describe the property being rented and not the desired renter.
Familial Status is a protected class under the Fair Housing Act. It is illegal to discriminate against individuals and families who have minor children in their household, pregnant women, or anyone securing legal custody of a child. Examples of illegal discrimination against families with children include:
“No children” policies
Refusing families due to the ages of their children (for example, not allowing children under the age of 7)
Rejecting families based on the presence of lead based paint
Segregating housing so that children are only allowed on certain floors or in certain buildings
Refusing to rent to a family with children because of “unsafe conditions” or the apartment is “not suitable for children”
Stating that parents and children or boys and girls cannot share a bedroom—these types of decisions are the parent’s choice to make
Evicting a family or individual because of pregnancy or a child joining the family by birth, adoption, or legal custody
Overly restrictive occupancy policies and per capita charges for each additional occupant may violate the Fair Housing Act in some circumstances
It is illegal to discriminate against someone due to a history of experiencing domestic violence. Refusing to rent to someone because they have been a victim of domestic violence violates the Fair Housing Act.
Sexual harassment is illegal under the Fair Housing Act. It is illegal for a housing provider to demand sexual favors in exchange for housing or for making repairs. Statements such as “Go out with me and I’ll reduce your rent” or “Go out with me and I’ll fix your roof” constitute unlawful sexual harassment under the Fair Housing Act. It is also unlawful for a housing provider to create or allow a hostile environment. Unwelcome offensive or sexual conduct, remarks of a sexual nature, or unwelcome touching by a landlord or a landlord’s employee, constitute a hostile environment and are unlawful.
Neither the Fair Housing Act nor the Pennsylvania Human Relations Act include sexual orientation, gender expression, or gender identity as protected classes. However, the National Association of Realtors Code of Ethics prohibits Realtors from discriminating based on sexual orientation. HUD’s Equal Access Rule prohibits HUD funded housing programs from discriminating based on sexual orientation, gender identity or marital status.
Every person in the United States is protected by the Fair Housing Act. A person’s immigration status does not affect his or her fair housing rights. It is illegal to discriminate against someone because of their own or ancestral place of origin or because of their cultural or ethnic background or language. It is illegal to discriminate against someone who appears to be of a certain ethnic background, even if they are not.
Landlords are allowed to request immigration documentation and conduct inquiries to determine whether a potential renter meets the criteria for rental, as long as the same process is applied to all potential renters. Singling out only some individuals to prove their immigration status because of their national origin is a violation the Fair Housing Act (for example, asking only Mexican or Latino immigrants for proof of immigration status and not other applicants).
Additionally, it is illegal to discriminate against someone because they have limited proficiency in English. Statements such as “all tenants must speak English” or treating tenants differently because their English is not proficient violates the law. Programs that receive federal funds have an additional responsibility to provide interpreters and translators for individuals who are not proficient in English.
A disability is defined in the Fair Housing Act as a physical or mental impairment that substantially limits one or more of a person’s “major life activities.” Major life activities can include caring for one’s self, walking, seeing, hearing, speaking, breathing, learning, and working. The definition of disability under the Fair Housing Act also includes people who have a history of an impairment and people who are perceived as having an impairment (even if they are not actually disabled). Disabilities may include mental or emotional illness, difficulties associated with aging, HIV/ AIDS, and those recovering from alcoholism or drug addiction (individuals who are currently using illegal drugs are not protected).
A reasonable accommodation is a change in rules, policies, practices, or services that enables a person with a disability an equal opportunity to use and enjoy a dwelling. A person with a disability must notify the housing provider if they need a reasonable accommodation and the housing provider must grant the request if it is reasonable. There must be a connection between the disability and the need for the accommodation. Typically, accommodations will be a matter of negotiating what will serve both the housing provider and the disabled person best.
Examples of reasonable accommodations include:
Assigning a person with a disability a reserved parking spot near their unit even though tenant parking is generally on a first come, first served basis
Allowing a person with a disability to keep an assistance animal despite a “no pets” policy
Allowing a disabled tenant who receives disability checks on the 5th of every month to pay rent after the 1st of the month without a late fee
A reasonable modification is a change in the physical structure of a dwelling that enables a person with a disability an equal opportunity to use and enjoy that dwelling. In many cases, individualized modifications to a dwelling enable a person with a disability to live in a space that they would otherwise be physically unable to live in. This includes the interior and exterior of a building or a unit, including public and common-use areas. Examples of reasonable modifications include:
Allowing a tenant who uses a wheel chair to install a ramp access to the entrance of the dwelling
Allowing a tenant to install grab bars in the bathroom
Allowing a tenant to install visual or tactile alert devices
Normally the expense of reasonable modifications is the responsibility of the tenant unless the housing is federally subsidized (such as a Public Housing Authority). Federally funded housing projects may be required to pay for reasonable modifications requested by a disabled tenant. Private housing providers can require that the tenant use a certified contractor to do the work and can require that the tenant restore the dwelling to its original condition upon moving out of the unit if the modification will interfere with the next tenant’s use and enjoyment of the premises. For example, if a tenant has a ramp to the laundry room built in a multi-unit apartment complex, the ramp does not need to be removed because it is located in a common use area and may be beneficial to future tenants. However, if cabinets in a tenant’s kitchen are moved lower to provide more mobility to a wheelchair user, the cabinets may have to be returned to their original height. If restorations to the dwelling will be necessary when a tenant moves out, a housing provider may request payment by the tenant into an interest-bearing escrow account. Such payments may be made over a reasonable period and the amount must be reasonable and cannot exceed the cost of the restorations. The interest from the account accrues to the benefit of the tenant. If you do need to make extensive modifications to a rental unit, consider negotiating a longer lease with the landlord.
When must a housing provider grant a reasonable accommodation or modification request?
A housing provider must grant a request for a reasonable accommodation or reasonable modification if:
the person making the request fits the definition of a person with a disability,
the person needs what they are requesting because of their disability, and
the request is “reasonable”.
What is Reasonable?
A request for an accommodation or modification is considered reasonable if that request:
Does not cause an undue financial and administrative burden to the housing provider
Does not cause a basic change in the nature of the housing program available
Will not cause harm or damage to others
Is technologically possible
A housing provider may not stall or delay in responding to a request for reasonable accommodation or reasonable modification.
It is the responsibility of the tenant (or a representative of the tenant) to request an accommodation or modification. A landlord cannot be expected to predict or anticipate an individual’s needs. Although not required by the Fair Housing Act, it is recommended that requests for reasonable accommodations or modifications be made in writing for proper documentation and include proof that the tenant has a covered disability and the need for an accommodation or modification.
Your letter should:
State where you live and who is responsible for the building.
Indicate that you qualify as a person with a disability as defined by the Fair Housing Act. It is not necessary to reveal the nature or severity of your disability.
Describe the policy, rule, or architectural barrier that is problematic to you.
Describe how this policy or barrier interferes with your needs, rights, or enjoyment of your housing.
In clear and concise language, describe the accommodation you are seeking for the policy, rule, or barrier.
Cite the applicable law that protects your rights.
For accommodations use: Fair Housing Act Amendments Sec. 804 (42 U.S.C. 3604)(f)(3)(B)
For modifications use: Fair Housing Act Amendments, Sec. 804 (42 U.S.C. 3604)(f)(3)(A)
Ask for a written response within a certain amount of time.
Sign and date the request. Remember to keep a copy of your request for your files.
See Sample Letters for Reasonable Accommodation and Reasonable Modification Requests
When can a Housing Provider Ask for Verification of a Disability and Need for a Reasonable Accommodation or Modification?
If the disability is obvious and need for the reasonable accommodation or modification is also obvious, the housing provider cannot ask for additional documentation (for example, a person with a visual impairment who uses a guide dog).
If the disability is obvious, but the need for the reasonable accommodation or modification is not clear, the housing provider is only allowed to request information to evaluate the disability related need (for example, a person with a visual impairment who has an emotional support cat).
If both the disability and the need are not clear, the housing provider may request documentation that a tenant has a disability and has a disability related need for the reasonable accommodation or modification (for example, a person with a mental health diagnosis or post-traumatic stress disorder who has an emotional support animal).
A housing provider may not ask:
The nature or severity of a disability
Questions that would require you to waive your rights to confidentiality regarding your medical condition or history
To see your medical records
Assistance animals for people with disabilities are not pets. Assistance animals are animals that work, provide assistance, or perform tasks for the benefit of a person with a disability—including providing support for mental or emotional disabilities. Emotional support animals alleviate one of more identified symptoms or effects of a person’s disability. A housing provider may not deny occupancy or evict a person with a disability because they require an assistance animal.
Under the Fair Housing Act an assistance animal is not required to have formal training or certification, and a housing provider is not allowed to require proof that the animal has been certified, trained, or licensed as a service animal. Policies limiting the size, weight, or type of pets allowed do not apply to assistance animals. Pet fees and/ or pet security deposits must be waived for assistance animals.
If you believe you have experienced housing discrimination, it is important to maintain records and documentation with names, dates, and details regarding the incident to help prove your case. There are several options for pursuing a housing discrimination complaint against a landlord.
Fair housing complaints can be filed with the U.S. Department of Housing and Urban Development for up to one year from the incident or with the Pennsylvania Human Relations Commission for up to 180 days from the incident. In addition, a lawsuit can be filed in federal court for up to two years. If a landlord is found to have discriminated, the victims of that housing discrimination can be awarded out- of-pocket costs incurred while obtaining alternative housing and any additional costs associated with that housing. Non-economic damages for humiliation, mental anguish, or other psychological injuries may also be recovered.
To file a complaint with the U.S. Department of Housing and Urban Development, call HUD’s Housing Discrimination Hotline at 1-800-669-9777 or visit www.hud.gov.
To file a complaint with the Pennsylvania Human Relations Commission, call 215-560-2496 or visit www.phrc.pa.gov.
Can a landlord refuse to rent to someone with a criminal background?
Yes—but it depends on the circumstances. The U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that because of the racial disparities in the criminal justice system, blanket bans (or refusing to rent to anyone with any type of criminal history, regardless of circumstances) would most likely have a greater impact on Black or Latino applicants, and as such, could violate the Fair Housing Act.
HUD’s guidance states that housing providers need to consider the nature and severity of a crime and the amount of time that has passed to determine if the person would pose a direct threat to the health and safety of other residents. The guidance issued by HUD states that a mere arrest does not indicate guilt and a person should not be denied housing based on an arrest without a conviction. Furthermore, housing providers must apply criteria equally to all applicants and tenants, regardless of protected class. Using criminal background as a pretext for discrimination based on a protected class is illegal.
There is an exception to the HUD guidance on criminal backgrounds. If a person possesses a conviction for the manufacture and/or distribution of illegal controlled substances, they can legally be denied housing and the landlord is not in violation of the Fair Housing Act. Note: this exception does not include either arrests for drug charges that do not lead to conviction or convictions for possession only.
In Pennsylvania, source of income is not a protected class, meaning that a landlord can refuse to rent to individuals who hold a Housing Choice Voucher from the Housing Authority.
Social Security or Social Security Disability Income is verifiable income which is directly related to being a member of a protected class (age over 40 and/or disability). Refusal to approve an application because a prospective tenant is not employed could be unlawful discrimination if the prospective tenant has other verifiable income such as social security or disability that would financially qualify them to rent.