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A comprehensive guide to Fair Housing Act protections and Pennsylvania housing discrimination law, explaining who is protected, what discrimination is prohibited, how to file complaints, and specific protections for individuals with disabilities.

Fair Housing Act Overview

The Fair Housing Act was enacted following the assassination of Dr. Martin Luther King, Jr. to address inequities in housing. It is Title VII of the Civil Rights Act of 1968. The laws protect certain individuals (protected classes) from discrimination in housing transactions and apply to structures designed or occupied as residences and land offered for sale where a residence will be built.

Protected Classes

• Race
• Color
• National Origin
• Religion
• Sex (protected as of 1974)
• Familial Status (protected as of 1988)
• Disability (protected as of 1988)

Where Protections Apply

• Rental properties (private and subsidized)
• Homes for sale
• Manufactured home communities
• Group homes
• Rooming or boarding houses
• Nursing homes and assisted living centers
• Residential substance abuse treatment centers
• Homeless shelters (case-by-case basis)
• University housing (dorms)
• Vacant land offered for sale or lease

Dwelling Exemptions

• Buildings with 4 or fewer units if the owner lives in one of the units (in Pennsylvania, 2 or fewer units)
• Single-family housing sold or rented without the use of a broker if the owner does not own more than 3 single family homes
• Housing operated by religious organizations and private clubs (may give preference to members, but cannot discriminate in membership)
• Senior housing, if it complies with specific rules for older communities (exempt from familial status protection)

Fair Housing Laws and Regulations

• Fair Housing Act (federal) — sets minimum protections
• HUD's Equal Access Rule (federal) — applies to recipients of federal funding
• Executive Order (federal), 2021
• Section 504 of the Rehabilitation Act (federal) — applies to recipients of federal funding
• Pennsylvania Human Relations Act (state)
• Local ordinances by cities and municipalities

Section 504 of the Rehabilitation Act

Section 504 prohibits discrimination on the basis of disability in programs and activities conducted by HUD or recipients of financial assistance from HUD. It enforces the right of individuals to live in federally subsidized housing free from discrimination based on disability. Section 504 covers all HUD programs except mortgage insurance and loan guarantee programs. It forbids organizations from excluding or denying individuals with disabilities equal opportunity to receive program benefits and services.

HUD's Equal Access Rule

The Equal Access Rule requires equal access to HUD programs without regard to actual or perceived sexual orientation, gender identity, or marital status in the following programs:

• HUD-assisted housing
• Public housing
• Section 8 Housing Choice Vouchers
• Project-based Section 8
• Housing whose financing is insured by HUD
• FHA-insured mortgage financing

State and Local Protections

Pennsylvania and certain cities offer additional protections beyond federal law.

Pennsylvania Human Relations Act

• Illegal to discriminate on the basis of age (above age 40)
• Protects handlers and trainers of support or guide animals
• Protects tenants associated with individuals with disabilities
• Provides guidance on sex discrimination

Allentown, Bethlehem, and Easton

• Cannot discriminate on the basis of sexual orientation
• Cannot discriminate on the basis of gender identity and gender expression
• Cannot discriminate on the basis of marital status

How the Fair Housing Act Is Enforced

• Negotiating with landlords
• Raising the issue at an eviction hearing
• Filing a complaint with HUD (federal) — 1 year to file
• Filing a complaint with PHRC (state) — 6 months to file
• Filing a complaint with local Human Relations Commission — timeframe depends on city
• Filing a lawsuit in State or Federal Court — 2 years

Race, Color, and National Origin

Protected classes include people of a minority race or perceived to be a member of a minority race based on skin color, and people from a country or culture outside of the US or with ancestors who originated outside of the US. This category includes new immigrants.

Examples of discrimination include:

• Applying different sale, rental, or occupancy terms
• Lying or misrepresenting the availability of housing
• Refusing to rent or charging higher rents
• Imposing more stringent underwriting standards on home loans or making loans on less favorable terms based on race, color, or national origin

Religion

The Fair Housing Act prohibits overt discrimination against members of any religion as well as less direct actions, such as zoning ordinances designed to place unjustifiable burdens on religious exercise, limit the use of private homes as places of worship, totally or unreasonably exclude religious assemblies and institutions from a particular municipality or county, or otherwise treat religious assemblies and institutions worse than nonreligious assemblies and institutions. The Act contains a limited exception that allows non-commercial housing operated by a religious organization to reserve housing to persons of the same religion.

Sex, Gender, and Sexual Harassment

Women, particularly those who are lower income and with limited housing options, often have little recourse but to tolerate sexual harassment or risk eviction. HUD and the Department of Justice have enforcement programs aimed at landlords, property managers, maintenance workers, loan officers, and any other people who have control over housing and who create an untenable living environment.

Examples of discrimination include:

• Demanding sexual favors from tenants
• Creating a sexually hostile environment or engaging in unwelcome sexual conduct that makes it hard to keep living in or feel comfortable in your home
• Pricing discrimination in mortgage lending

Gender Identity and Sexual Orientation

An Executive Order issued following the Supreme Court decision in Bostock v. Clayton County, 590 U.S. (2020) extended Fair Housing Act protections to include gender identity and sexual orientation. The decision held that Title VII of the Civil Rights Act, which prohibits discrimination based on sex, applies to discrimination based on gender identity and sexual orientation. The Executive Order applies this reasoning to the Fair Housing Act and directs federal agencies to review and revise policies to ensure consistency.

Based on this Executive Order, HUD's Office of Fair Housing and Equal Opportunity issued a memo stating that HUD interprets the Fair Housing Act to bar discrimination based on sexual orientation and gender identity. The memo directs HUD offices and recipients of HUD funds to enforce the act accordingly.

Familial Status

Protected classes include families with children under the age of 18, pregnant persons, and any person in the process of securing legal custody of a minor child (including adoptive or foster parents), as well as persons with written permission of the parent or legal guardian.

Examples of discriminatory actions include:

• Refusing to rent a second floor apartment to families
• Stating 'no children'
• Telling a family they can only live in a certain area of the complex
• Telling a family there are not enough bedrooms (default rule is 2 people per bedroom)
• Charging per person versus per unit

Exemption: Housing for Older Persons is exempt from familial status protections if it complies with specific rules.

Disability

An individual with a disability is defined as someone with a physical or mental impairment that substantially limits one or more major life activities, or is regarded as having such an impairment, or has a record of such an impairment. Individuals with disabilities have the right to request reasonable modifications and accommodations to allow them the same full use and enjoyment of housing premises as individuals without disabilities.

Reasonable Modifications vs. Reasonable Accommodations

Reasonable modifications are structural changes to the interior, exterior, or common areas of housing. Reasonable accommodations are changes, exceptions, or adjustments to a rule, practice, service, lease policy, or lease term. Accommodations can be requested at any time. If a housing provider receives federal funding under Section 504, the costs of modifications are paid by the housing provider.

Examples of Reasonable Modifications

• Installation of a ramp or stair glide for individuals with mobility impairments
• Replacement of carpeting with tiles
• Accessible bathroom renovations
• Stove with knobs in front instead of on the side
• Installation of automatic faucets for individuals with cognitive or memory impairments
• Replacement of stove with microwave
• Special lighting and color contrasting for individuals with vision impairments
• Tactile assistance systems and extension of side rails of stairs
• Replacement of curtains with blinds, grab bars, and slip-resistant flooring
• Removal of 'lips' between rooms
• Installation of a peephole in door for individuals with hearing impairments
• Installation of flashing lights for doorbell and smoke alarm

Examples of Reasonable Accommodations

• Early termination of lease to allow a tenant with a disability to move to an apartment that accommodates their needs
• Advance notification of painting and exterminations for tenants with chemical sensitivities
• Allowing rent payment according to when the tenant receives Social Security disability payment
• Provision of a handicapped parking space
• Stopping an eviction action to allow time to clean or get services in place
• Allowing a caregiver to move into the apartment
• Allowing more time to move than allowed by the lease
• Allowing an assistance animal

Making a Reasonable Accommodation or Modification Request

Any request asking for modification or accommodation because of a disability counts as a reasonable accommodation or modification request. For example, if a lease requires in-person rent payment and a tenant requests to mail a money order instead due to anxiety, this is a valid request. The request does not have to use the words 'reasonable accommodation' or 'reasonable modification,' may be oral or in writing, and does not have to use the housing provider's request form.

When to Request Reasonable Accommodations or Modifications

A tenant can request a reasonable accommodation or modification at any time prior to actually being evicted, including:

• During the application process
• While living in the unit
• When the housing provider changes a rule or policy
• In response to the housing provider's complaint or adverse action
• At an informal hearing
• At an eviction hearing
• Upon appeal to a higher court

Request Process

1. The individual gives the housing provider the request (advise all requests in writing)
2. The housing provider must respond in a reasonable amount of time (7-10 days)
3. If the housing provider denies the request, they must state a reason and discuss alternative options
4. An unreasonable delay in responding is viewed as a denial
5. A denial without reason is a violation of the Fair Housing Act

Reasons for Denying a Request

• Undue financial and administrative burden on the housing provider (burden determined by scope of operation)
• Fundamental alteration of the housing provider's operations
• Tenant poses a direct threat to the health or safety of other residents or the housing provider's staff
• Tenant would cause substantial physical damage to another person's property

Opening a Dialogue

A tenant's request for a reasonable accommodation or modification should open a dialogue between the housing provider and the tenant about the tenant's needs. If the request is denied, that is not the end of the conversation. Even if the housing provider denies a request alleging that it is unreasonable or that the tenant is a direct threat or would cause substantial damage, they must talk to the requester about options.

Assistance Animals (Service and Emotional Support Animals)

Service and emotional support animals are not pets and may be requested as an exception to no-pet policies. Tenants must show a relationship between needing the animal for a disability (with documentation such as a letter from a doctor or social worker). Housing providers cannot charge a pet deposit or extra monthly rent for assistance animals. No training or certification is required. There are no breed or weight restrictions, and all domestic animals are allowed. Assistance animals can access all housing property.

COVID Emergency Rental Assistance

Agencies have been given money by the government to pay landlords on behalf of tenants. Tenants contact an agency and complete an application. Agencies can accept certain factors as proof of eligibility. There is no requirement that money go to landlords; if a landlord refuses to accept money, it can go to the tenant to pay rent. Landlords cannot evict during the period paid for by the funds. If a tenant receives subsidy, they qualify for their portion of rent. Tenants do not need to be behind on rent to apply. Assistance can be given to people evicted who are moving to new housing.

COVID Emergency Rental Assistance Eligibility Requirements

1. One or more people in the household have qualified for unemployment benefits or experienced a reduction in household income, incurred significant costs, or experienced other financial hardship during or due directly or indirectly to the pandemic
2. One or more people in the household can demonstrate a risk of experiencing homelessness or housing instability
3. The household is a low-income family as defined under federal regulations

Emergency Rental Assistance Resources

For Schuylkill County: Schuylkill Community Action, 200 N. 2nd Street, Pottsville, PA 17901. Phone: 570-622-1995. Website: schuylkillcommunityaction.com/services/erap

For Lebanon County: Community Action, 503 Oak Street, Lebanon, PA 17042. Phone: 717-273-9328. Website: www.lebanoncountyrentalhelp.com

To apply, call 1-800-326-9177 Monday through Friday, 8:30 a.m. to 3:30 p.m., or apply online at apply.midpenn.org

More Information

For more information about MidPenn Legal Services, call 1-800-326-9177 or visit www.midpenn.org

Original on pottsvillepa.gov →