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.
The Pennsylvania Human Relations Act is the state law protecting consumers against housing discrimination and adds two additional protected classes.
Fair Housing laws make it illegal to discriminate against anyone based on a protected class in any of the following ways:
The Fair Housing Act and the Pennsylvania Human Relations Act cover all types of housing, including:
The following types of housing do not have to comply with some portions of Fair Housing laws.
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:
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:
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.
Individuals who identify as LGBTQ+ have legal recourse if they experience housing discrimination in any housing transaction or housing-related financial transaction. Under Executive Order 13988, federal protections regarding sex discrimination in housing have been expanded to include sexual orientation and gender identity. A formal complaint of housing discrimination can be filed with the U.S. Department of Housing and Urban Development or with the Pennsylvania Human Relations Commission.
In addition, 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.
