Federal and Pennsylvania fair housing laws prohibit certain types of discrimination in housing transactions, including the rental of residential property. Yes, it is generally illegal to discriminate against renters based on certain protected characteristics in Pennsylvania. Landlords, property managers, real estate companies, and other housing providers generally may not refuse to rent, impose different rental terms, or otherwise treat applicants or tenants differently because of characteristics protected by federal, state, or applicable local fair housing laws. However, not every distinction between applicants is unlawful. Landlords may still make legitimate rental decisions based on lawful factors such as credit history, income, rental history, or other nondiscriminatory criteria.
What Does “Discriminating Against Renters Based on Protected Status” Mean?
The phrase generally refers to treating a rental applicant or tenant unfairly because of a legally protected characteristic rather than because of legitimate business reasons. Examples may include refusing to rent, charging different rental rates, applying different lease conditions, providing unequal services, or falsely claiming that a unit is unavailable because of a protected characteristic.
Protected characteristics are established by applicable federal, Pennsylvania, and, in some cases, local laws.
Which Characteristics Are Protected?
Federal fair housing law generally prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability. Pennsylvania law also provides protections against certain forms of housing discrimination, and some local governments have adopted ordinances that recognize additional protected categories.
The exact protections available depend on the applicable federal, state, and local laws governing the rental transaction.
Can a Landlord Ever Reject a Rental Application?
Yes. Landlords are generally allowed to deny rental applications for legitimate, nondiscriminatory reasons. Examples may include insufficient income, poor credit history, unsatisfactory rental references, prior lease violations, inability to satisfy lawful screening criteria, or other objective business considerations.
The key legal issue is whether the decision is based on lawful rental standards rather than discrimination against a protected class.
What Happens if Housing Discrimination Occurs?
A person who believes they were unlawfully discriminated against may have legal remedies available under federal or Pennsylvania law. Depending on the circumstances, they may file an administrative complaint with the appropriate agency or pursue a civil action where permitted.
Potential remedies may include compensatory damages, injunctive relief, attorney’s fees where authorized, civil penalties, or other relief provided by applicable fair housing laws.
Are There Exceptions to Fair Housing Laws?
Yes. Certain limited exemptions may apply under federal or state law depending on the type of housing, the owner, or other statutory factors. However, many landlords and property managers remain fully subject to fair housing requirements.
Because these exemptions are often narrowly defined, landlords should avoid assuming they qualify without carefully reviewing the applicable law.
How Can Landlords and Renters Protect Their Rights?
Landlords should use written, objective screening standards, apply the same criteria consistently to all applicants, document rental decisions, train staff regarding fair housing obligations, and avoid statements or advertisements that suggest unlawful preferences.
Renters should keep copies of rental applications, communications, advertisements, and other relevant documents if they believe discrimination has occurred. Promptly documenting events may be important if legal action later becomes necessary.
The Bottom Line
Federal and Pennsylvania fair housing laws prohibit many forms of discrimination in residential housing, including refusing to rent, offering different rental terms, or otherwise treating applicants or tenants differently because of legally protected status. At the same time, landlords generally remain free to make rental decisions based on legitimate, nondiscriminatory business factors such as income, creditworthiness, and rental history. Because housing discrimination laws can involve complex legal standards and potential local protections, both landlords and renters should understand their legal rights and responsibilities and seek qualified legal advice if questions arise regarding fair housing compliance or alleged discrimination.
