Landlords in Pennsylvania, as well as across the United States, have a legal and ethical obligation to follow landlord-tenant laws. This includes the Fair Housing Act, the Civil Rights Act, and related state fair housing laws, such as the Pennsylvania Human Relations Act, which address discrimination during housing-related transactions, such as the rental and sale processes.
In this blog post, we will elaborate on the Fair Housing Act, and some best practices rental property owners can take on so that they do not discriminate against tenants.
What Is the Fair Housing Act?
The federal Fair Housing Act (FHA) is a federal law in the United States that aims to prevent illegal discrimination in housing-related transactions based on certain protected characteristics. These law-protected characteristics include race, color, religion, sex, national origin, disability, and familial status (presence of children under 18 or pregnant women).
The U.S. Department of Housing and Urban Development (HUD) at the federal level enforces the Fair Housing Act. However, many states also have their own fair housing laws that provide additional protections beyond federal fair housing law.
Pennsylvania is one such state that has its own fair housing laws to complement the Fair Housing Act. In Pennsylvania, the Pennsylvania Human Relations Act (PHRA) serves as the state's fair housing law.
The PHRA makes it illegal to discriminate based on race, color, familial status, religious creed, ancestry, age, sex, national origin, physical or mental impairment, and the use, handling, or training of support or guide animals for disability.
The Pennsylvania Human Relations Commission (PHRC) enforces the PHRA. This agency investigates each housing discrimination complaint and takes appropriate actions to remedy violations against federal or state law.
It's important to note that while the federal FHA and the Pennsylvania PHRA cover many similar aspects, there might be differences in how these fair housing laws are interpreted and enforced and in the specific protections they provide for all persons.
5 Best Practices for Fair Housing Compliance in PA
When renting a property in Pennsylvania, it's important to be aware of the Fair Housing Act and its provisions to ensure that your tenants are not accidentally subjected to housing discrimination and are treated fairly and equally. Here are some key factors to consider to avoid complaints and legal trouble.
1. Equal Treatment
The Fair Housing Act establishes legal and ethical obligations for property owners and managers, whether their house is for sale or for rent, to treat tenants fairly and without discrimination. Equal treatment contributes to an environment where individuals can live and work together without fear of bias or prejudice.
When individuals have confidence that they will be treated fairly in the housing market, it encourages them to seek housing, which benefits both tenants and landlords actively.
Equal access to housing helps all individual persons and families secure housing in neighborhoods with better education, job opportunities, and community resources. This, in turn, can lead to improved economic prospects and overall well-being.
2. Consistent Application Process
The Pennsylvania Human Relations Act (PHRA) reinforces the importance of treating all applicants consistently and fairly. It is illegal to discriminate in the tenant screening process on the basis of any protect class, including state classes like age and ancestry.
Landlords should establish clear, objective criteria for evaluating applications and ensure that these criteria are consistently applied to all applicants to avoid fair housing complaints from any perception or reality of housing discrimination.
The FHA prohibits landlords from committing discrimination against tenants in housing based on protected characteristics. If the application process is inconsistent, it could be used as a way to mask housing discrimination. A consistent process helps ensure that decisions are made based on objective criteria rather than bias.
A consistent application and tenant screening process helps protect rental owners from potential lawsuits alleging housing discrimination. If landlords treat applicants differently based on characteristics like race, sex, age, color, national origin, or any other protected class, they may be more vulnerable to legal challenges and complaints.
3. Refusing Tenancy
Landlords have the right by law to refuse a tenant housing for legitimate reasons, such as insufficient funds or employment. However, it's crucial to ensure that such decisions are based on objective criteria, consistently applied, and free from any form of housing discrimination on the basis of any protected classes.
The Fair Housing Act and the Pennsylvania Human Relations Act prohibit illegal housing discrimination and set guidelines for making housing-related decisions fairly and without bias.
Landlords should consult legal counsel or fair housing experts if they are unsure about any aspect of their refusal to tenancy process to ensure that they don't discriminate. It's important to stay up-to-date with fair housing laws to ensure compliance.
4. Reasonable Modifications
The Fair Housing Act (FHA) requires housing providers to make reasonable accommodations and modifications for persons with disabilities to ensure equal access to housing. Those seeking housing assistance should be treated the same as those who do not need it.
Assistance and reasonable accommodations for tenants with disabilities are intended to remove barriers that might otherwise prevent these persons with disabilities from enjoying and using the property.
The landlord must respond to the request for a reasonable disability modification in a timely manner. If the housing modification is feasible and necessary, the landlord should work with the tenant to discuss the specifics and seek an agreement.
While the tenant is responsible for the cost of the disability modification itself, the landlord generally cannot charge the tenant more than the existing security deposit for the cost of restoring the property to its original condition after the tenant moves out, unless the modification causes damage beyond normal wear and tear.
5. Familial Status
Along with sex, age, national origin, race, and many others, familial status is one of the protected classes under the Fair Housing Act. This means that it is illegal for housing providers to discriminate against families with children in any aspect of housing, including rental, sale, financing, and terms or conditions of housing.
It's important for landlords and housing providers in Pennsylvania to be aware of both the federal FHA and the state's PHRA when dealing with familial status.
By adhering to this law, housing providers can ensure that families with children have equal access to housing opportunities and are not subjected to any housing discrimination.
Conclusion
Landlords in Pennsylvania should follow the Fair Housing Act and related laws during housing-related transactions to ensure legal compliance, avoid complaints, and promote fairness and equality. When landlords do not discriminate against tenants in the leasing process, they contribute to a just and inclusive housing market and provide equal access to education and community.
Property managers like TrustArt Realty act as a bridge between landlords and tenants, ensuring that each person's fair housing rights and responsibilities are respected.
By being knowledgeable about Pennsylvania fair housing laws and proactive in their approach, we provide assistance to landlords maintain compliance, create a fair housing environment, and reduce the risk of legal issues regarding discrimination. Contact TrustArt Realty today 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.
