What is illegal housing & commercial property discrimination?
Housing Discrimination
Housing discrimination occurs in the process of renting buying selling or getting a loan for a home. Illegal discrimination may also include denying someone the use or enjoyment of their home or apartment.
In housing & commercial property it is illegal to discriminate against someone based on:
- Race (including protective hairstyles)
- Color
- Sex (including gender identity, sexual orientation, etc)
- Age (over 40)
- Religious creed
- National origin
- Ancestry
- Familial status (families with children under 18) *
- Disability
- The use, handling, or training of a guide or support animals for a disability
*Familial status is only protected in housing & commercial property.
Retaliation is also illegal, and the law protects you if you stand up against discrimination.
Housing Discrimination- Spanish
Housing discrimination occurs in the process of renting buying selling or getting a loan for a home. Illegal discrimination may also include denying someone the use or enjoyment of their home or apartment.
Additional housing & commercial property resources
- Emotional Distress in Housing & Commercial Property Damage Calculation Guidance [PDF]
- White Paper: The State of Fair Housing in the Commonwealth of PA [PDF]
- PHRC Fair Housing Coloring Book [PDF]
- Commercial Property Protections [PDF]
- PAVE report
- Federal Fair Housing Act Overview
- U.S. Department of Housing and Urban Development
You have the right to live where you want to live
Don't let housing discrimination happen to you, know your rights. Contact the Pennsylvania Human Relations Commission at (855)866-5718
You have the right to live where you want to live- Spanish
Don't let housing discrimination happen to you, know your rights. Contact the Pennsylvania Human Relations Commission at (855)866-5718
Frequently Asked Questions
- Refusing to rent to a family with children under 18.
- Refusing to rent/sell a home or denying a loan to someone of a particular race, religion, sex, etc.
- Targeting a particular group for unfavorable loan terms or deceptive lending practices (i.e., predatory lending)
- A landlord or municipality refusing accessible parking or otherwise denying access to the housing accommodation of a person with a disability.
- Housing advertisements that express a preference for people of a certain race, religion, sex, etc.
- Making references to the composition of the neighborhood in which a property is listed to discourage a home purchase.
- Treating one tenant less favorably than others in the terms of their rental or in repairing/ maintaining property.
- Harassment by a landlord based on race, religion, sex, etc.
- Saying a home is rented when it is still available because the owner does not want to rent to someone of the applicant’s race.
- Setting different terms and conditions for sale or rental of a property due to a person having a disability.
- Charging a fee for a support animal(s).
- Refusing a request from a tenant with a disability for closer parking.
Housing for older persons can be provided under specific federal or state programs and must meet the following criteria:
- intended for and solely occupied by persons 62 years of age or older.
- intended and operated for occupancy by at least one person 55 years of age or older per unit.
The requirements used in determining whether housing qualifies as housing for older persons include, but are not limited to, the following:
- at least 80 percent of the units are occupied by at least one person 55 years of age or older.
- publication of and adherence to policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
Housing complies with regulations declared by the PHRC for verification of occupancy.
What are the responsibilities of realtors, brokers, and agents?
- Under the PHRA, neither the realtor, broker, or agent nor their designee may do the following:
- steer or otherwise direct a property seeker's attention to a particular neighborhood based on the race, color, religion, national origin, ancestry, sex, disability, age, familial status, or use or handling of a guide or support animal of either the property seekers or persons already residing in that neighborhood.
- Volunteer information to or invite questions from property seekers concerning the race, color, religion, national origin, ancestry, sex, disability, age, familial status, or use or handling of a guide or support animal of persons already residing in a neighborhood.
- Answer questions from or initiate a discussion with persons who are selling, renting, or otherwise making housing or commercial property available concerning the race, color, religion, national origin, ancestry, sex, disability, age, familial status, or use or handling of a guide or support animal of prospective buyers, applicants, or others seeking housing.
- Engage in certain practices which attempt to induce the sale or discourage the purchase or lease of housing accommodations or commercial property by making direct or indirect reference to the present or future composition of the neighborhood in which the facility is located with respect to race, color, religion, sex, ancestry, national origin, disability, age, familial status, or guide or support animal dependency.
- Engage in any course of action which could be construed as reluctant or delayed service having the effect of withholding or making unavailable housing accommodations or commercial property to persons because of their race, color, religion, national origin, ancestry, sex, disability, age, familial status, or use of a guide or support animal.
According to the PHRA, commercial property includes the following:
- Any building, structure, facility, or portion thereof, which is used, occupied, or is intended, arranged, or designed to be used or occupied for the purpose of operating a business, an office, a manufactory, or any public accommodation.
- Any vacant land offered for sale, lease, or held for the purpose of constructing or locating thereon any such building, structure, facility, business concern, or public accommodation.