The Pennsylvania landlord-tenant act grants landlords certain legal responsibilities when renting out property. Key among these laws are the fair housing rules. These apply to a variety of landlords from single-unit owners to owners of multi-unit complexes.
And just like with other landlord-tenant laws, violation of the fair housing laws can be severe. To ensure you stay compliant, here is a guide to the Fair Housing Act in Pennsylvania!
What is the Federal Fair Housing Act?
The Fair Housing Act ensure that every American is afforded equal opportunity in housing matters. This includes tenants looking for an apartment, buyers searching for a home, and even those looking for mortgage finance.
As a landlord, you must treat tenants, prospective and existing, equally and fairly. It would be illegal for landlord to discriminate against a renter based on federal and state fair housing protections.
The Federal Fair Housing Act forbids discrimination based on 7 classes which include color, sex, disability, race, nationality, religion, familial status. The Pennsylvania Fair Housing Act also extends the list of protections at the federal level by including age and pregnancy as well.
The Federal Fair Housing Act’s Origins
In the 1950s, housing discrimination was serious issue. At the time, redlining was a form of housing discrimination during this period.
Advocacy for fair housing began during the Civil Rights Movement of the 1950s and 1960s. The Federal Fair Housing Act was signed into law on April 11th, 1968. It prohibited discrimination based on color, race, religion, and nationality. Subsequent amendments in 1974 and 1988 also added familial status, disability, and sex to the list of protections.
Individual states have also passed laws to further shield their citizens from other forms of discrimination. For instance, the Pennsylvania landlord-tenant law extended protections by prohibiting discrimination based on age and pregnancy status.
Examples of Discriminatory Practices by Landlords
The following behaviors could violate State and Federal Fair Housing Laws. As a landlord, in Pennsylvania you cannot:
- Refuse to rent out a residential property to a bonafide offer due to the tenant’s color, race, or any other protected class.
- Evict a tenant because they’re requesting reasonable accommodations and modifications be made.
- Falsely claim your rental property is not available just to steer a prospective tenant away.
- Charge a pet fee for service animals. Service animals are not considered pets under the Fair Housing Act.
- Fail to provide a disabled tenant with reasonable accommodations. Such accommodations can include adding grab rails, ramps, and accessible parking.
- Offer tenants different terms and privileges. For instance, charge different renters different rent or security deposit amounts while occupying comparable units in a multi-unit property.
How Handles Fair Housing Complaints?
At the Federal level, the Department of Housing and Urban Development (HUD) address complaints. In Pennsylvania, the State level agency in charge of handling of fair housing complaints is Human Rights Commission.
What are the Exemptions to the Fair Housing Act?
There are several potential exemptions to the state Fair Housing policies. The following are the limited exemptions that apply to the Pennsylvania Fair Housing Laws:
- Housing designated for people aged 55 years and above.
- Private clubs and religious organizations can limit their membership to only their members.
- Local occupancy standards can limit the number of individuals that can occupy a rental property.
- A property where the owner occupies one of the units. The rental property must, however, have four or less units.
How Can Landlords Ensure Fair and Equal Treatment of Renters?
The Fair Housing Laws apply in most situations of the renting process including during marketing, when you first interact with a prospective tenant, and up to the time a renter moves out of your property. The following are some of the areas you need to stay stay compliant in:
Marketing
When creating rental marketing materials, it's essential to use non-discriminatory language to ensure that your messaging is inclusive and compliant with Fair Housing laws. Language that could be interpreted as exclusive or preferential can not only alienate potential renters but also put you at risk for legal issues. Instead, focus on the features of the property and the amenities it offers without suggesting a preference for certain types of tenants.
Answering Inquires
Answering questions from tenants honestly and in a timely manner is crucial to building trust and maintaining a good relationship with all prospective tenants. This practice demonstrates transparency and fairness, which are key in avoiding any perception of discrimination. Regardless of who is asking the question, every prospective tenant deserves the same level of respect and promptness in communication.
Lease Enforcement
Enforcing the terms of the lease uniformly for all prospective tenants is another critical aspect of non-discriminatory property management. When lease terms are applied inconsistently, it can lead to accusations of discrimination. By applying the lease terms consistently and uniformly, you uphold the legal standards required by Housing Laws.
Selecting Tenants
While landlords have the right to deny rental applications from unqualified tenants, it’s essential that the reasons for denial are based on objective criteria, such as credit score, rental history, or income level, rather than on any of the protected classes.
Bottom Line
It’s important to familiarize yourself with these basics of fair housing before renting out your home. You can also check for any additional rules that may exist at the local level as well.
If you have a question or would like expert property management help, look no further than Lone Eagle Management. Our focus is providing high-quality property management services to property owners in Philadelphia and the surrounding areas. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
