Anti-Discrimination Laws
Discrimination is a significant issue in the United States, and the real estate industry is not immune to it. It is no secret that in the past, certain groups of people were often excluded from renting or purchasing property based on their race, ethnicity, religion, or other personal characteristics. This systemic discrimination was not only morally wrong but also illegal, and as such, various laws have been put in place to protect people from discriminatory housing practices. There are a number of anti-discrimination laws that protect individuals seeking to purchase or rent property from discrimination.
It is imperative — whether you are a tenant or a landlord — that you familiarize yourself with these laws to avoid being the victim of perpetrator of housing discrimination.
Protected Characteristics
Anti-discrimination laws protect individuals from discrimination based on their race, color, religion, ancestry, sex, national origin, handicap or disability, and familial status. This means that landlords, real estate agents, and other housing providers cannot refuse to rent or sell housing based on these protected characteristics.
Additionally, these laws protect individuals from harassment based on their protected characteristics. This includes any conduct that creates a hostile or intimidating environment or interferes with an individual's ability to enjoy their housing.
Who is Protected
Anti-discrimination laws protect anyone seeking housing, including renters, buyers, and tenants. The laws apply to all types of housing, including apartments, houses, and condominiums.
The laws also apply to all aspects of the housing process, including advertising, rental agreements, sales, and financing. This means that housing providers cannot discriminate at any stage of the housing process based on a person's protected characteristics.
Legislation AfFECTING OUR LOCAL AREA
The Pennsylvania Human Relations Act
One of the most important pieces of legislation that protects against housing discrimination is the Pennsylvania Human Relations Act (PHRA). This act, which was passed in 1955, prohibits discrimination in housing on the basis of race, color, familial status, religion, sex, national origin, ancestry, disability, or use of a guide or support animal. The PHRA applies to all aspects of housing, including the sale, rental, or leasing of property.
The Pennsylvania Fair Housing Act
In addition to the PHRA, Pennsylvania also has the Pennsylvania Fair Housing Act (PFHA). This act was passed in 1987 and is modeled after the Federal Fair Housing Act. The PFHA prohibits discrimination in housing based on the same categories as the PHRA, as well as age, marital status, sexual orientation, gender identity or expression, and HIV status. The PFHA applies to all aspects of housing, including advertising, financing, and brokerage services.
The Federal Fair Housing Act
It is important to note that Pennsylvania's anti-discrimination laws also work in tandem with the Federal Fair Housing Act. This act was passed in 1968 and prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, familial status, or disability. The federal law also covers advertising, financing, and brokerage services, as well as the sale, rental, or leasing of property.
Enforcement of Anti-Discrimination Laws in Pennsylvania
In Pennsylvania, the enforcement of anti-discrimination laws is the responsibility of the Pennsylvania Human Relations Commission (PHRC). This agency investigates complaints of discrimination and has the authority to take legal action against individuals or organizations found to be in violation of anti-discrimination laws.
Penalties for Violating Anti-Discrimination Laws
Violations of anti-discrimination laws in Pennsylvania can result in significant penalties for those found to be in violation. For example, a person who violates the PHRA may be ordered to pay damages to the victim, as well as attorney's fees and other costs associated with the investigation and prosecution of the case. Additionally, a person found to have violated the PFHA may be ordered to pay up to $10,000 in damages to the victim, as well as attorney's fees and other costs. Repeat offenders may also face higher penalties.
Remedies for Discrimination
If someone believes that they have been discriminated against in Pennsylvania real estate, they have several options for seeking a remedy. They can file a complaint with the Pennsylvania Human Relations Commission (PHRC), which is the state agency responsible for enforcing anti-discrimination laws.
The PHRC investigates complaints of discrimination and can take legal action against housing providers who violate the law. This can include fines, damages, and injunctive relief to stop the discrimination.
Additionally, individuals who have been discriminated against can file a lawsuit in state or federal court. If successful, they may be entitled to damages, including compensation for any financial losses or emotional distress caused by the discrimination.