Fair Housing in
Pennsylvania.
Understanding and complying with fair housing laws is not optional — it's a legal requirement for every property owner and investor in Pennsylvania.
Federal Fair Housing Act
The Fair Housing Act (FHA), enacted in 1968 and amended in 1988, prohibits discrimination in housing based on seven protected classes. These protections apply to all housing — including rental properties, sales, and advertising.
The seven federally protected classes are:
Pennsylvania Human Relations Act
Pennsylvania's Human Relations Act (PHRA) expands on federal protections. In addition to the seven federal protected classes, Pennsylvania adds protections based on:
- Age — discrimination based on age is prohibited
- Ancestry — broader than "national origin"
- Use of a guide or support animal — protected regardless of breed or weight restrictions
Some Pennsylvania municipalities add even more protected classes, including sexual orientation, gender identity, and source of income. Bethlehem, Allentown, and Easton have local ordinances with additional protections.
What Investors Must Know
Tenant Screening
You may screen tenants using objective, consistent criteria (credit score, income verification, rental history). You cannot apply different standards to different applicants based on a protected class.
Advertising
All rental advertising must be non-discriminatory. Phrases like "ideal for couples" or "no children" can be interpreted as discriminatory. Use inclusive language in all marketing materials.
Reasonable Accommodations
You must allow reasonable accommodations for tenants with disabilities, including allowing service and emotional support animals regardless of a "no pets" policy.
Steering
You cannot steer tenants toward or away from certain neighborhoods or units based on their membership in a protected class.
Retaliation
You cannot retaliate against tenants who file fair housing complaints or exercise their legal rights.
Fair Housing Resources
For comprehensive fair housing guidance, consult these official resources:
- HUD Fair Housing — Housing Discrimination
- HUD Fair Housing Act Overview
- PA Human Relations Commission
Tim Tepes stays current on all federal, state, and local fair housing requirements. He provides compliant lease templates, recommends fair screening procedures, and helps investors understand their obligations. For complex compliance questions, Tim connects investors with qualified real estate attorneys who specialize in landlord-tenant law.
Frequently Asked Questions
Can I refuse to rent to someone with children?
No. Familial status is a federally protected class. You cannot refuse to rent or impose different terms based on the presence of children under 18, except in qualifying "housing for older persons" (55+ or 62+ communities that meet specific requirements).
Can I have a "no pets" policy?
Yes, but you must make exceptions for service animals and emotional support animals as a reasonable accommodation for tenants with disabilities. These animals are not considered "pets" under fair housing law, and you cannot charge pet deposits or pet rent for them.
What are the penalties for fair housing violations?
Penalties can include compensatory damages, punitive damages up to $10,000, attorney's fees, and court-ordered injunctive relief. Federal penalties can be higher. The safest approach is to apply consistent, documented screening criteria to all applicants equally.