Key Takeaways
- Pennsylvania Human Relations Act provides fair housing protections enforced by the PA Human Relations Commission
- Protected classes include the federal classes plus ancestry, use of guide/support animals, and handling of guide/support animals
- The PA Human Relations Commission investigates complaints and can impose penalties
- Complaints must be filed within 180 days of the discriminatory act
- Violations can result in civil penalties, actual damages, and injunctive relief
Pennsylvania Fair Housing Laws
Important: This content covers Pennsylvania-specific fair housing provisions. You should complete the National Real Estate Exam Prep first, as federal fair housing law is heavily tested on the national portion.
Pennsylvania has its own fair housing law that complements and expands federal protections.
Pennsylvania Human Relations Act
The Pennsylvania Human Relations Act (43 P.S. Section 951 et seq.) prohibits discrimination in housing.
Protected Classes
Pennsylvania law prohibits discrimination based on:
| Protected Class | Coverage |
|---|---|
| Race | Federal and Pennsylvania |
| Color | Federal and Pennsylvania |
| Religion | Federal and Pennsylvania |
| Sex | Federal and Pennsylvania |
| National Origin | Federal and Pennsylvania |
| Disability | Federal and Pennsylvania |
| Familial Status | Federal and Pennsylvania |
| Ancestry | Pennsylvania addition |
| Age (40+) | Pennsylvania addition |
| Use of Guide/Support Animals | Pennsylvania addition |
| Handling of Guide/Support Animals | Pennsylvania addition |
Pennsylvania Additions: Pennsylvania specifically protects ancestry, age (40 and over), and the use or handling of guide animals or support animals for people with disabilities.
Enforcement
Pennsylvania Human Relations Commission (PHRC)
The Pennsylvania Human Relations Commission enforces state fair housing law:
- Investigates complaints
- Mediates disputes
- Takes enforcement action
- Coordinates with HUD
Filing Complaints
| Agency | Timeframe |
|---|---|
| PA Human Relations Commission | Within 180 days |
| HUD | Within 1 year |
Either agency can investigate and take action.
Prohibited Acts
Pennsylvania law prohibits:
- Refusing to sell or rent based on protected class
- Discriminating in terms of sale or rental
- Discriminatory advertising or statements
- Representing unavailability when available
- Blockbusting - Inducing panic selling
- Steering - Directing to/from neighborhoods
- Discriminatory lending - Unequal loan terms
- Discriminating in MLS - Denial of access based on protected class
Advertising Guidelines
All advertising must:
- Use the Equal Housing Opportunity logo or statement
- Avoid language suggesting preferences for protected classes
- Comply with HUD advertising guidelines
Penalties
Civil Penalties
| Offense | Maximum Penalty |
|---|---|
| First violation | Up to $10,000 |
| Second within 5 years | Up to $25,000 |
| Third within 7 years | Up to $50,000 |
Other Remedies
- Actual damages
- Punitive damages
- Injunctive relief
- Attorney's fees
Exemptions
Limited exemptions exist:
| Exemption | Conditions |
|---|---|
| Owner-occupied (4 or fewer units) | No discriminatory advertising |
| Single-family (FSBO) | No broker, no discriminatory advertising |
| Religious organizations | For members |
| Private clubs | For members |
| Senior housing | Meets age requirements |
Important: Even with exemptions, real estate licensees cannot participate in discrimination.
Reasonable Accommodations
Pennsylvania law requires:
- Reasonable accommodations for disabilities
- Permission for reasonable modifications
- Guide animals and support animals must be permitted
- No pet deposits for assistance animals
Which class is protected under Pennsylvania fair housing law but not specifically under federal law?
Within how many days must a fair housing complaint be filed with the PA Human Relations Commission?