What is illegal housing & commercial property discrimination?
Under the Pennsylvania Human Relations Act (PHRA), housing discrimination can happen in the process of renting, buying, selling, or obtaining a loan. Commercial property discrimination can happen in the process of purchasing, selling, or leasing. If you feel you have been discriminated against, in general, you have 180 days to file from when the alleged discrimination happened.
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.
Retaliation is also illegal, and the law protects you if you stand up against discrimination.
Additional housing & commercial property resources
When filing a discrimination complaint:
- Language translation and services for visual and hearing disabilities are available upon request if you need help with filing a complaint.
- You must be a victim or have the legal authority to act on behalf of a victim. save any evidence you may have to support your complaint (e.g., text messages, pictures, receipts, etc.)
- You have the right to obtain private legal services at your own expense, but this is not required.
In housing & commercial property cases:
- Actual damages, including those caused by humiliation and embarrassment, may be awarded.
- Civil penalties may also be assessed, depending on the respondent's record of discrimination.
Frequently Asked Questions
A PHRC staff member is available to help you:
- Decide whether you would like to file a complaint.
- Draft the complaint and prepare it in legal form for your verified signature.
- The complaint will be:
- Assigned a docket number.
- Served to the respondent (the person you have named in your complaint as responsible for the alleged discrimination) within 30 days of the date of docketing.
- The respondent is required to:
- Answer your complaint within 30 days of the date it was served unless an extension of 30 days is approved in writing by the PHRC.
- Provide you with a copy of its answer.
Retaliation is when someone is discriminated against because they:
- Opposed any practice forbidden by the PHRA or PFEOA.
- Made a charge, testified, or assisted in an investigation, proceeding or hearing.
- 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.
If your complaint is disability-related, you must also complete and submit the Disability Information Release for Housing and Commercial Property form [PDF] to the PHRC.
