SUBCHAPTER A. REGULATIONS Sec.
45.1. Purpose.
45.2. Construction.
45.3. Enforcement.
45.4. Definitions.
45.5. General prohibitions; undue hardship.
45.6. Modifications of premises.
45.7. Unlawful discriminatory practices.
45.8. Advertisements.
45.9. Governmental units.
45.10. Illegal inquiries.
45.11. Coercion, threats and intimidation.
45.12. Recordkeeping.
45.13. Exemptions.
45.14. Attorney fees.
45.21. [Reserved].
45.22. [Reserved].
45.31. [Reserved].Authority The provisions of this Chapter 45 issued under the Pennsylvania Human Relations Act (43 P. S. § § 951—963), unless otherwise noted.
Source The provisions of this Chapter 45 adopted August 22, 1961, unless otherwise noted.
§ 45.1. Purpose.
This chapter insures that housing accommodations and commercial property subject to the coverage of the act are operated and made available in a manner that does not discriminate on the basis of one or more of the following:
(1) Familial status, age, race, color, religious creeds, ancestry, handicap or disability, sex or national origin.
(2) The use of a guide or support animal because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of guide or support animals.
(3) The handicap or disability of an individual with whom the person is known to have a relationship or association.
Source The provisions of this § 45.1 adopted August 22, 1961; amended December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901. Immediately preceding text appears at serial pages (167597) to (167598).
§ 45.2. Construction.
(a) This chapter will be liberally construed for the accomplishment of the purposes of the act.
(b) This chapter shall be construed consistently with other Federal and State laws and regulations except when to do so would operate in derogation or limitation of the purpose of the act and this chapter.
Source The provisions of this § 45.2 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.
§ 45.3. Enforcement.
This chapter will be subject to and enforced in accordance with the act, Chapter 42 (relating to special rules of administrative practice and procedure) and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
Source The provisions of this § 45.3 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.
§ 45.4. Definitions.
(a) As used in this chapter, unless a different meaning appears from the context or a different definition is provided in this section, the definitions found at § 44.4 (relating to definitions) apply.
(b) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Pennsylvania Human Relations Act (43 P. S. § § 951—963).
Aggrieved person—As used in section 9(a) of the act (43 P. S. § 959(a)), a person claiming to be aggrieved includes a person who does one of the following:(i) Claims to be aggrieved by a discriminatory housing practice.
(ii) Reasonably believes that he will be injured by a discriminatory housing practice that is about to occur.
Commission—The Human Relations Commission of the Commonwealth.
Dormitory—A building with sleeping accommodations provided by an educational institution approved by, licensed by or if not required to be so approved or licensed, subject to 22 Pa. Code Part I (relating to Board of Education) for its on campus students.
Housing accommodations or commercial property—All real property subject to the jurisdiction of the act.
Housing for older persons—Housing that is one or more of the following:(i) Provided under a Federal or State program that the Commission determines is specifically designed and operated to assist elderly persons as defined in a Federal or State program. In determining whether a Federal or State program is designed and operated to assist elderly persons, the opinion of the Secretary of Housing and Urban Development will be adopted.
(ii) Intended for, and solely occupied by persons 62 years of age or older.
(iii) Intended and operated for occupancy by at least one person 55 years of age or older per unit.
Personal residence—A duplex house or other house in which the owner thereof maintains bona fide residence for himself. The term does not include a building containing three or more separate living quarters occupied or intended to be occupied by individuals or families living independently of each other, whether or not the owner maintains a bona fide residence therein. A building or structure occupied and used by the owner shall lose its identity as a personal residence when the owner moves out of the building and no longer uses it as a bona fide residence for himself.
Protected class—The term includes the following:(i) The race, color, familial status, age, religious creed, ancestry, sex, national origin, handicap or disability of any person.
(ii) The handicap or disability of an individual with whom the person is known to have a relationship or association.
(iii) The use of a guide or support animal because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of guide or support animals.
Real estate-related transaction—One or more of the following:(i) Making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a housing accommodation or commercial property.
(ii) Purchasing, constructing, improving, repairing or maintaining a housing accommodation or commercial property.
(iii) Selling, brokering or appraising real property.
Rooming house—A building containing single rooms for rent with no private individual kitchen facilities for use by the renters.
Source The provisions of this § 45.4 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.
Cross References This section cited in 16 Pa. Code § 45.8 (relating to advertisements); and 16 Pa. Code § 45.13 (relating to exemptions).
§ 45.5. General prohibitions; undue hardship.
(a) A person may not limit or classify or segregate a person with a handicap or disability in any way that adversely affects the person with a handicap or disability’s opportunities to use, enjoy or benefit from housing accommodations or commercial property subject to the coverage of the act. This section does not prohibit a housing accommodation or commercial property provider from limiting the housing accommodation or commercial property to, or giving preference in the housing accommodation or commercial property to, persons with handicaps or disabilities.
(b) A person may not deny a person with a handicap or disability the opportunity to use, enjoy or benefit from housing accommodations or commercial property subject to the coverage of the act if the basis of the denial is the need for reasonable accommodations.
(1) A person may not refuse to make reasonable accommodations in rules, policies, practices and procedures when the accommodations may be necessary to afford a person with a handicap or disability equal opportunity to use and enjoy a dwelling unit, including public and common use areas.
(2) A modification of premises is a type of accommodation.
(c) An undue hardship defense will not be a defense in instances when specific actions are required by the act or other applicable Federal, State or local laws or regulations.
(d) The factors to be considered in determining whether an undue hardship is imposed by the requirement that a reasonable accommodation be made for the handicap or disability of a person include the following:
(1) The extent, nature and cost of the accommodation required, including the overall size and nature of the housing accommodation or commercial property. Financial capability shall be a factor when raised as a part of an undue hardship defense.
(2) The extent to which a person with a handicap or disability can reasonably be expected to need and desire to use, enjoy or benefit from the housing accommodation or commercial property which is the subject of the proposed reasonable accommodation.
(3) The requirements of other laws or contracts, to the extent they are not preempted by the act.
(4) The extent to which the accommodation would pose a demonstrable threat of harm to the health and safety of others.
Source The provisions of this § 45.5 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.
§ 45.6. Modifications of premises.
A person with a handicap or disability shall be allowed to make at his expense, reasonable modifications of existing premises, which are occupied or to be occupied by the person, if the modification may be necessary to afford the person full enjoyment of the premises. In the case of a rental, the landlord may, if it is reasonable to do so, require the renter to restore the interior of the premises to the condition that existed before the modification, excepting reasonable wear and tear.
Source The provisions of this § 45.6 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.
§ 45.7. Unlawful discriminatory practices.
It is an unlawful discriminatory practice for a person, because of the protected class of a person applying for purchase or rent, the protected class of an owner, occupant or user, or the protected class of a person seeking financing for housing accommodation or commercial property, to do one or more of the following:
(1) Offer or impose different or special terms or conditions in connection with the selling, renting or leasing of commercial property or housing accommodation.
(2) Offer or impose different or special terms or conditions in connection with the loan of money for the acquisition, construction, rehabilitation, repair or maintenance of housing accommodations or commercial property.
(3) Offer or impose different or special terms or conditions in connection with the tenancy, ownership or occupancy of any housing accommodation or commercial property.
(4) Offer or impose different or special terms or conditions in the furnishing of facilities of housing accommodation or commercial property.
(5) Offer or impose different or special terms and conditions in making available any real estate related transaction, including a secondary real estate financing transaction.
(6) Refuse to sell, lease, rent or finance, or refuse to negotiate for the sale, lease, rental or financing of housing accommodations or commercial property.
(7) Deny a person access to or membership in, a multiple listing service, real estate brokers’ organization or other services.
Source The provisions of this § 45.7 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.
§ 45.8. Advertisements.
(a) It is unlawful for a person to indicate in advertising that the housing that the person is offering for sale or lease is exempt from the act or to offer a preference, limitation or discrimination in the advertising of that exempt property.
(b) This section does not restrict the inclusion of applicable age and familial status requirements in advertisments of dwellings which are intended and operated for occupancy by older persons and which constitute housing for older persons as defined by § 45.4 (relating to definitions).
Authority The provisions of this § 45.8 amended under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.3, 963 and 959.1).
Source The provisions of this § 45.8 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901; amended July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434. Immediately preceding text appears at serial page (234256).
§ 45.9. Governmental units.
(a) A governmental unit or political subdivision may not take an action which would have the effect of denying equal access to housing accommodations or commercial property within the subdivision, to any person on the basis of a protected class. It is not a defense to the action that the governmental act in question was the result, in whole or in part, of public opposition to the efforts of the member of the protected class to obtain housing accommodations or commercial property within the political subdivision.
(b) Activity by a political subdivision or governmental unit which is prohibited when based upon a person or person’s protected class includes, but is not limited to:
(1) An action, including the furnishing of services, which directly or indirectly affects housing accommodations or commercial property.
(2) An action taken by a unit of the political subdivision or governmental unit such as a zoning board or planning commission. Prohibited actions by the subdivision and by these boards and commissions include the consideration of the protected class of any person in the development or application of zoning and building codes, occupancy requirements, land use plans, comprehensive plans or long range plans.
Source The provisions of this § 45.9 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.
§ 45.10. Illegal inquiries.
(a) It is unlawful to make an inquiry to determine whether an applicant for a housing accommodation or commercial property, a person intending to reside in, occupy or use that housing accommodation or commercial property after it is sold, rented or made available, or any person associated with that a person, is a member of a particular protected class.
(b) It is unlawful to make an inquiry to determine whether an applicant for a housing accommodation or commercial property, a person intending to reside in, occupy or use that housing accommodation or commercial property after it is sold, rented or made available, or a person associated with that person, has a handicap or disability, or to make inquiry as to the nature or severity of a handicap or disability of the person. This subsection does not prohibit the following inquiries, if these inquiries are made of all applicants, whether or not they have handicaps or disabilities:
(1) An inquiry into an applicant’s ability to meet the requirements of ownership or tenancy.
(2) An inquiry to determine whether an applicant is qualified for a dwelling available only to persons with a handicap or particular type of handicap.
Source The provisions of this § 45.10 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.
§ 45.11. Coercion, threats and intimidation.
(a) It is an unlawful discriminatory activity to:
(1) Coerce a person, either orally, in writing, or by other means to deny or limit the benefits provided that person, in connection with the sale or rental of a housing accommodation or commercial property or in connection with a real estate-related transaction because of protected class.
(2) Threaten, intimidate or interfere with persons in their enjoyment of a housing accommodation or commercial property because of the protected class of any person including, but not limited to, visitors or associates of the persons.
(3) Threaten an employe or agent with dismissal or an adverse employment action, or take such adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate-related transaction, because of the protected class of the person seeking access.
(4) Intimidate, threaten, interfere or discriminate against any person because that person is engaging in activities designed to make other persons aware of, or encouraging other persons to exercise, rights granted or protected by this part.
(5) Retaliate, intimidate, threaten, interfere or discriminate against a person because that person has opposed a practice forbidden in the act, or because the individual has made a charge, testified or assisted in an investigation, proceeding or hearing under the act or any act which prohibits practices prohibited by the act.
(b) In addition to following the standard complaint procedure, when an owner or a prospective owner, occupant or prospective occupant or user or prospective user of housing accommodations or commercial property, or the agent, real estate broker or representative of any of them, is intimidated, harassed or threatened by individuals or groups because of the protected class of the owner or prospective owner or occupant or user or prospective occupant or user, from taking peaceful possession of or occupying or using the housing accommodations or commercial property which he has purchased, rented or intended to occupy or use or is prevented from enjoying peaceful possession or use, the Commission may assume jurisdiction, enlist the aid of law enforcement authorities and engage in an educational program within the immediate area in an effort to eliminate prejudice and to further good will.
Source The provisions of this § 45.11 adopted August 22, 1961; amended December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901. Immediately preceding text appears at serial pages (167598) to (167599).
§ 45.12. Recordkeeping.
It is an unlawful discriminatory practice for any person to make or keep, unless required by Federal, State or local requirements, those requirements, including those contained in a consent order entered into with the Commission, a record or form of application containing questions which could tend to reveal a protected class in connection with a real estate related transaction or the selling, leasing or financing of housing accommodation or commercial property. The request for photographs of persons is considered a violation of this section.
Source The provisions of this § 45.12 adopted August 22, 1961; amended December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901. Immediately preceding text appears at serial page (167599).
§ 45.13. Exemptions.
(a) Section 5(h) of the act (43 P. S. § 955(h)) does not prohibit the following:
(1) A religious or denominational institution or organization, or a charitable or educational organization which is operated, supervised or controlled by or in conjunction with a religious organization, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose, to persons of the same religion or denomination, or from giving preference to these persons, unless membership in the religion is restricted because of race, color or national origin.
(2) A private club or fraternal organization, not in fact open to the public, which, incident to its primary purpose, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members.
(b) Nothing in section 5(h) of the housing provisions of the act, regarding age or familial status, applies with respect to housing for older persons.
(c) With the exception of the exemption for dwellings which constitute housing for older persons as defined by § 45.4(f) (relating to definitions), the exemptions to the act are not applicable to real estate firms, brokers, agents, sales people or an individual employed by any of them, when acting on behalf of them.
(d) The exemption for housing for older persons in which the housing is solely occupied by persons 62 years of age or older shall be met if all of the occupants are 62 years of age or older.
(e) In determining whether the exemption for housing for older persons in which the housing is provided under a Federal or State program is met, the Commission will adopt the finding of the Secretary of the Department of Housing and Urban Development as to whether the housing is designed or operated to assist elderly persons.
Authority The provisions of this § 45.13 amended under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note and 963).
Source The provisions of this § 45.13 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901; amended July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434. Immediately preceding text appears at serial pages (234258) to (234260).
§ 45.14. Attorney fees.
(a) If, upon all the evidence at a public hearing, in cases alleging a violation of section 5(d), (e) or (h) or 5.3 of the act (43 P. S. § § 955(d), (e) and (h) and 955.3) when the underlying complaint is a violation of section 5(h) or 5.3, the Commission finds that a respondent has engaged in or is engaging in an unlawful discriminatory practice as defined in the act, the Commission may award attorney fees and costs to prevailing complainants. If the complainant in an appropriate housing case desires attorney fees and costs as a part of his remedy, evidence of the costs and fees shall be presented at the public hearing.
(b) If upon all the evidence at a public hearing, in cases alleging a violation of section 5(d), (e) or (h) or 5.3 where the underlying complaint is a violation of section 5(h) or 5.3 of the act, the Commission finds that a respondent has not engaged in or is not engaging in an unlawful discriminatory practice as defined in the act, the Commission may award attorney fees and costs to a prevailing respondent if the respondent proves that the complaint was brought in bad faith.
(1) If the respondent in an appropriate housing case desires attorney fees and costs, evidence of bad faith on the part of the complainant and evidence of the costs and fees shall be presented at the public hearing.
(2) If the respondent prevails and bad faith on the part of the complainant is established by a preponderance of the evidence, an order requiring the payment of attorney fees and costs may be issued against the complainant.
Source The provisions of this § 45.14 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.
§ 45.21. [Reserved].
Source The provisions of this § 45.21 adopted August 22, 1961; reserved December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901. Immediately preceding text appears at serial page (167599).
§ 45.22. [Reserved].
Source The provisions of this § 45.22 adopted August 22, 1961; reserved December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901. Immediately preceding text appears at serial page (167600).
§ 45.31. [Reserved].
Source The provisions of this § 45.31 adopted August 22, 1961; reserved December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901. Immediately preceding text appears at serial page (167600).
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.
