Subchapter B. HOUSING ADVERTISEMENTS—GUIDELINES
AND STATEMENT OF POLICY
GENERAL Sec.
45.101.—45.103. [Reserved].
45.121—45.126. [Reserved].
45.141. [Reserved].
45.142. [Reserved].
45.151—45.154. [Reserved].
45.161. Purpose.
45.162. Definitions.
45.163. General rules.
PROHIBITED USAGES
45.171. Race/color/national origin.
45.172. Familial status/age.
45.173. Disability.
45.174. Religion.
45.175. Sex.
LIST OF WORDS OR PHRASES TO AVOID
45.181. Words to be avoided.
ADDITIONAL REQUIREMENTS
45.191. Advertisements.
45.192. Affirmative defenses.
45.193. Good faith efforts.
45.194. Federal regulations.
Source The provisions of this Subchapter B adopted October 17, 1997, effective October 18, 1997, 27 Pa.B. 5485, unless otherwise noted.
Cross References This subchapter cited in 16 Pa. Code § 45.202 (relating to initial procedure).
§ § 45.101—45.103. [Reserved].
Source The provisions of these § § 45.101—45.103 reserved July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434. Immediately preceding text appears at serial pages (234263) to (234264).
§ § 45.121—45.126. [Reserved].
Source The provisions of these § § 45.121—45.126 reserved July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434. Immediately preceding text appears at serial pages (234264) and (250047) to (250048).
§ 45.141. [Reserved].
Source The provisions of this § 45.141 reserved July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434. Immediately preceding text appears at serial page (250048).
§ 45.142. [Reserved].
Source The provisions of this § 45.142 amended November 6, 1998, effective November 7, 1998, 28 Pa.B. 5578; reserved July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434. Immediately preceding text appears at serial pages (250048) to (250051).
§ § 45.151—45.154. [Reserved].
Source The provisions of these § § 45.151—45.154 reserved July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434. Immediately preceding text appears at serial pages (249155) to (249156).
§ 45.161. Purpose.
(a) The list of words in § 45.181 (relating to words to be avoided) does not contain every possible word and phrase that may violate the act. The purpose of this section is to provide as complete a list as possible.
(1) For example, while many nationalities, types of disabilities and races are mentioned, the list is not inclusive. Any word indicating ancestry, race, color, religion or disability is equally prohibited in the context of the real estate advertisements.
(2) The list will provide guidance on how to recognize the type of language that may be violative of the act.
(3) When the context of the word or phrase is key to its possible unlawful meaning that will be noted.
(b) The purpose of this subchapter is to insure that advertisements for housing and commercial property do not include words, phrases, symbols, and the like, which violate the advertising provisions of the act.
(c) Section 45.192 (relating to affirmative defenses) contains affirmative defenses which will preclude a finding of a willful and knowing violation of the advertising provisions of the act.
(d) This subchapter implements the statutory mandate of section 9.1(b) of the act (43 P. S. § 959.1(b)).
Authority The provisions of this § 45.161 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.161 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
§ 45.162. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, which are identical to those found in section 4 of the act (43 P. S. § 954):
Act—The Pennsylvania Human Relations Act (43 P. S. § § 951—963).
Advertisement or advertising—See 43 P. S. § 954(3).
Advertiser—See 43 P. S. § 954(aa).
Housing accommodation—See 43 P. S. § 954(i).
Housing for older persons—See 43 P. S. § 954(w).
Person—See 43 P. S. § 954(a).
Personal residence—See 43 P. S. § 954(k). This term applies to any person as defined in this section.
Authority The provisions of this § 45.162 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.162 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
§ 45.163. General rules.
The prohibited words and phrases in § 45.181 (relating to words to be avoided) are unlawful when used in housing advertisements. In addition to those words and phrases, a word or phrase that is commonly understood to be offensive to a group of people in a protected class also violates the act.
Authority The provisions of this § 45.163 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.163 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
PROHIBITED USAGES
§ 45.171. Race/color/national origin.
It is unlawful to advertise a limitation, preference or discrimination on account of race, color or national origin. Examples include the use of:
(1) Any color to describe a group of people for example, white, brown, red, black or yellow.
(2) Any nationality or race to describe a group of people for example, Caucasian, Negroid, Chinese, Asian Immigrant, French Hawaiian, Arab, Oriental, African-American, Irish, and the like.
(3) Landmarks or organizational locations which are indicative of a particular nationality or race, unless all of the landmarks in the area are noted—for example, if proximity to a specific place associated with a particular ethnic group is noted as a directional landmark, reference should be made to all other nearby comparable facilities of interest to other groups.
(4) Code words which are recognizable in a particular neighborhood as connoting neighborhoods that restrict certain races or ethnic groups. Code words are facially neutral words and phrases which are used in a particular circumstance which are understood to mean an illegal preference.
(5) Neighborhood and geographical landmarks such as ‘‘chinatown’’ and ‘‘little Italy’’ are acceptable terms if the description is used in connection with the property being sold or rented and not for exclusionary purposes.
(6) Phrases such as ‘‘oriental garden’’ and ‘‘kosher restaurant’’ are acceptable when used as a description of the property being sold or rented, not as a landmark for other property.
Authority The provisions of this § 45.171 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.171 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
§ 45.172. Familial status/age.
(a) It is unlawful to advertise a preference, limitation or discrimination against families with children in the household or against persons 40 years of age or older. Examples include, the following:
(1) The use of any phrase which notes a preference, limitation or discrimination for adults, couples or singles or families without children for example—‘‘adult atmosphere,’’ ‘‘mature adults preferred,’’ ‘‘great for retired couple or couple just starting out,’’ ‘‘adult/family sections,’’ ‘‘no kids/pets okay,’’ ‘‘couples only,’’ ‘‘ideal for singles,’’ ‘‘adult community’’ or ‘‘suitable for one or two adults.’’
(2) The use of any colloquialisms which imply the same as those in subsection (a)(1) for example—‘‘empty nesters,’’ ‘‘honeymooners’’ or ‘‘swinging singles.’’
(3) The listing the number of children allowed.
(b) Not withstanding the prohibitions in subsection (a), it is not unlawful to:
(1) List the size and number of rooms or bedrooms.
(2) Indicate that the housing meets the requirements for ‘‘housing for older persons’’ as defined in section 4 of the act (43 P. S. § 954). A publisher may rely on the advertisers written representations of such, unless the publisher has reason to believe otherwise.
(3) Advertise a preference against children and advertise age restrictions when the housing accommodation qualifies as ‘‘housing for older persons’’ as defined in section 4 of the act.
Authority The provisions of this § 45.172 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.172 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
Cross References This section cited in 16 Pa. Code § 45.191 (relating to advertisements).
§ 45.173. Disability.
(a) It is unlawful to advertise a preference, limitation or discrimination against persons with disabilities or to advertise that the property is not accessible.
(b) It is not unlawful to describe housing as accessible to persons with disabilities.
Authority The provisions of this § 45.173 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.173 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
§ 45.174. Religion.
(a) It is unlawful to advertise a preference, limitation or discrimination on the basis of religion. Examples include the following:
(1) The use of any religious denomination—for example, Christian, Jew, Muslim or Buddhist.
(2) Phrases such as ‘‘surround yourself with Christians.’’
(3) The use of a particular landmark or location which is indicative of a particular religion.
(b) Notwithstanding the prohibitions in subsection (a), it is not unlawful for any religious or denominational institution or organization or any charitable or educational organization which is operated, supervised or controlled by or in connection with a religious organization or any bona fide private or fraternal organization to advertise:
(1) A preference to persons of the same religion or denomination or to members of the private or fraternal organization.
(2) That the making of the selection is calculated by the organization to promote the religious principles or the aims, purposes or fraternal principles for which it is established or maintained.
Authority The provisions of this § 45.174 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.174 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
Cross References This section cited in 16 Pa. Code § 45.191 (relating to advertisements).
§ 45.175. Sex.
(a) It is unlawful to advertise any preference, limitation or discrimination on the basis of sex. Examples include ‘‘males only need apply,’’ ‘‘professional male preferred’’ or ‘‘perfect for single female.’’
(b) Notwithstanding the prohibitions in subsection (a), it is not unlawful to advertise a preference based on sex in the rental or leasing of housing accommodations as follows:
(1) In single-sex dormitory.
(2) For rooms in one’s personal residence in which common living areas are shared.
Authority The provisions of this § 45.175 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.175 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
Cross References This section cited in 16 Pa. Code § 45.191 (relating to advertisements).
LIST OF WORDS OR PHRASES TO AVOID
§ 45.181. Words to be avoided.
(a) It is unlawful to use the following words or phrases in housing advertisements unless used in a clearly nondiscriminatory context such as ‘‘white cabinets’’ or ‘‘french doors.’’ The list is neither intended nor reasonably able to be all inclusive. It is also unlawful to use words or phrases not appearing on the list, but which are used in a context which may reasonably be interpreted as indicating an unlawful discriminatory intent.
Able-bodied adult—If the housing is ‘‘housing for older persons’’ as defined by the Federal Fair Housing Act (42 U.S.C.A. § § 3601—3619) and the act, it is appropriate to say so.(i) A newspaper/publisher may publish an advertisement for housing, and be held harmless for liability for an advertisement which uses the terms ‘‘senior housing,’’ ‘‘senior community,’’ ‘‘retirement community,’’ if the advertiser provides a statement formally, in writing, to the newspaper/publisher that the property being advertised meets the requirements for ‘‘housing for older persons’’ as defined in the act.
(ii) Equivalent phrases referring to persons 55 and 62 and older such as ‘‘adult community,’’ ‘‘55 and over,’’ ‘‘adult community,’’ ‘‘62 and over,’’ ‘‘adult 55+,’’ ‘‘adult 62+’’ to describe housing for older persons, will also be acceptable.
(iii) The term ‘‘adult’’ alone or with terms that do not meet housing for older persons requirements will remain unlawful terms as a description of housing for older persons.
African-American
Asian
American
Ancestry (any)
Black
Blind
Buddhist
Catholic
Caucasian
Chicano/Chicana
Child/children—Restrictions, unless housing for older persons
Chinese
Christian
Church, near
Color (any when used to describe persons)
Colored
Couple
Crippled
Deaf
Disability (any)—It is acceptable to describe housing as accessible to persons with disabilities. It is not acceptable to attempt to limit the housing to certain persons by stating that it is not accessible.
Disabled
Empty nester
Ethnic neighborhood
Ethnic group (any)
Foreigners
Handicapped
Hindi
Hispanic
Ideal for . . . (a type of person)
Immigrants
Independently, capable of living
Indian
Integrated
Interracial
Irish
Jew/Jewish
Latino/Latina
Mentally handicapped, ill, retarded
Mexican-American
Middle Eastern(er)
Minority
Mixed community
Mormon
Moslem
Mosque, near
Muslim
Nationality (any)
Newlyweds
Parish, near
Perfect for (a type of person)
Polish
Prefer Protestant
Puerto Rican
Race (any, when used to describe a person)
Religion (any, when used to describe persons)
Retarded
Retired persons, retirees—If it is ‘‘housing for older persons,’’ as defined by the Federal Fair Housing Act and the act, use that phrase, as many people who are retired may not qualify for housing for older persons while many people still working may in fact be eligible for housing for older persons.
Segregated
Senior Use—‘‘housing for older persons,’’ as defined by the Federal Fair Housing Act and the act. See note under ‘‘adult’’ and ‘‘retired persons.’’ Many people who do not consider themselves senior may be eligible for housing for older persons.
Suitable for
Synagogue, near
Temple, near
White
Young
Youthful(b) Any of the words in subsection (a) may be used if they are part of an address. For example, Poplar Church Road, Lutheran Street, Churchville, Black Ridge or Indian Hills, and the like, are permissible.
Authority The provisions of this § 45.181 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.181 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
Cross References This section cited in 16 Pa. Code § 45.161 (relating to purpose); 16 Pa. Code § 45.163 (relating to general rules); and 16 Pa. Code § 45.193 (relating to good faith efforts).
ADDITIONAL REQUIREMENTS
§ 45.191. Advertisements.
(a) Advertisements published within this Commonwealth are covered by this chapter regardless of the locality of the property or financial institution.
(b) Except to the extent allowed by § § 45.172(b), 45.174(b) and 45.175(b) (relating to familial status/age; religion; and sex), it is unlawful to advertise any discriminatory preference or limitation, even if the property is otherwise exempt from coverage under the act.
(c) When an advertising campaign includes pictures of individuals or families, the advertiser has the responsibility to alternate the picture from time to time to include a variety of protected classes in the advertisement.
Authority The provisions of this § 45.191 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.191 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
§ 45.192. Affirmative defenses.
It shall be an affirmative defense precluding a finding that an advertiser has knowingly and willfully violated the act and this subchapter if the advertiser has complied with one of the following:
(1) Attempted, in good faith, to comply with the list and specific examples of impermissible housing advertisements described in this subchapter.
(2) A written advisory of the Commission concerning what constitutes appropriate housing advertisements. The Commission will maintain the written advisory on file and provide a copy of the advisory to the advertiser. To obtain an advisory, the advertiser shall telephone the Commission Housing Division at (717) 787-4055 or write to the Commission, 101 S. Second Street, Suite 300, Post Office Box 3145, Harrisburg, Pennsylvania 17105-3145, Attn: Housing Division, and indicate the language of the advertisement in question. Appropriate Commission housing staff will inform the advertiser of its decision on the ad and follow-up with a written advisory within 10 working days.
(3) Made reasonable efforts in good faith to comply with the act.
Authority The provisions of this § 45.192 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.192 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
Cross References This section cited in 16 Pa. Code § 45.161 (relating to purpose); and 16 Pa. Code § 45.193 (relating to good faith efforts).
§ 45.193. Good faith efforts.
An advertiser will be deemed to have acted in good faith if the advertiser complies with one or more of the following:
(1) As to an advertisement for ‘‘housing for older persons,’’ as defined by the Federal Fair Housing Act (42 U.S.C.A. § § 3601—3619) and the act, if the advertiser produces a signed written statement by a housing provider which states that the facility or community complies with the requirements of the housing for older persons exemption and the advertiser has no actual knowledge that the facility or community is not actually eligible for the exemption.
(2) If the word or phrase complained of is in compliance with the list in § 45.181 (relating to words to be avoided) and is not, on its face, discriminatory within the context of the advertisement.
(3) If the advertiser produces a written Commission advisory, obtained by use of the procedure in § 45.192(2) (relating to affirmative defenses), that the language complained of is legal, within the same context in which the advertiser requested the opinion from the Commission.
Authority The provisions of this § 45.193 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.193 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
§ 45.194. Federal regulations.
Federal regulations published by the Department of Housing and Urban Development, regarding housing advertisements in areas of concurrent jurisdiction, preempt anything to the contrary in this subchapter.
Authority The provisions of this § 45.194 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).
Source The provisions of this § 45.194 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
