Fair Housing Protected Classes in Pennsylvania 2026
Federal Fair Housing Act baseline plus Pennsylvania-specific additions under 43 Pa.C.S. § 955 (Pa. Human Relations Act).
Source of Income, Section 8 / HCV Status in Pennsylvania
Pennsylvania has no statewide source-of-income law, but several cities/counties have local ordinances. Landlords must check the local ordinance where the rental unit is located before refusing a voucher.
All 11 Protected Classes in Pennsylvania
Federal classes apply uniformly. The classes shaded green below are Pennsylvania-specific additions under 43 Pa.C.S. § 955 (Pa. Human Relations Act).
Recent Pennsylvania Statutory Activity
No statewide SO/GI/SOI, Philadelphia, Pittsburgh, Allentown have local fair-housing ordinances.
If you are a Pennsylvania landlord wondering whether you can turn down a Section 8 housing voucher, the answer depends entirely on where the property sits. There is no statewide source-of-income law in Pennsylvania, so refusing a voucher is not automatically illegal across the Commonwealth. But several cities, including Philadelphia, Pittsburgh, and Allentown, have local fair-housing ordinances that do treat source of income as a protected status. A landlord must check the local ordinance before refusing Section 8, because the same screening decision can be lawful in a rural county and a violation a few miles away inside a covered city.
Pennsylvania's core anti-discrimination rules come from 43 Pa.C.S. § 955, the Pennsylvania Human Relations Act, enforced by the Pennsylvania Human Relations Commission. The Act layers state-specific protected classes on top of the seven federal categories under the Fair Housing Act, and with an average rent near $1,057, voucher-related screening is a live issue for small operators here.
The PA Human Relations Act and the agency that enforces it
Pennsylvania's housing-discrimination framework lives in 43 Pa.C.S. § 955 (the Pennsylvania Human Relations Act). It mirrors the seven federal Fair Housing Act classes, race, color, national origin, religion, sex, familial status, and disability, and then extends them. The agency that investigates and prosecutes complaints is the Pennsylvania Human Relations Commission, a state body with its own intake and conciliation process separate from HUD. A tenant who believes a landlord violated the Act can file with the Commission, which can investigate, attempt to settle, and pursue remedies. Because the Act applies statewide while the local voucher ordinances do not, Pennsylvania landlords are effectively working under two overlapping rulebooks at once: the statewide PHRA floor, plus whatever the city or county has added on top of it.
The protected classes Pennsylvania adds beyond the federal seven
On top of the seven federal categories, the Pennsylvania Human Relations Act recognizes additional protected classes that catch landlords off guard. Under § 955, Pennsylvania protects:
- Ancestry, distinct from national origin, covering a person's lineage or descent.
- Age (40+), discrimination against older applicants is barred.
- Use of a service or guide animal, a category written into the Act, separate from the federal disability accommodation analysis.
- Education status, an applicant's level of schooling cannot be used as a screening filter.
Notably, Pennsylvania does not have a statewide protection for sexual orientation or gender identity; those exist only through local ordinances in cities like Philadelphia, Pittsburgh, and Allentown.
Screening and advertising traps that catch small PA landlords
The most common mistake here is treating a voucher refusal as universally safe. It is not, inside Philadelphia, Pittsburgh, or Allentown a flat "no Section 8" policy can trigger a local complaint, even though the same line is permissible elsewhere in the Commonwealth. The pivotal warning: never copy a "no vouchers" listing from one PA market into another without confirming the local ordinance first. Advertising language is a frequent trap. Phrases that screen on age, hint at ancestry, or reject applicants over education level can violate § 955 regardless of intent. The service- and guide-animal protection is its own pitfall: charging a "pet" fee or deposit for a tenant's service animal is a classic mistake. When in doubt, screen every applicant on the same objective, income-and-history criteria, and document the reason for every denial.
The Cost of a Fair-Housing Violation
City-Level Eviction Risk in Pennsylvania
Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604; 24 C.F.R. Part 100; 24 C.F.R. § 180.671 (civil penalties); HUD Memo Feb 11, 2021 (sex incl. SO/GI under Bostock).
- Pennsylvania fair-housing statute: 43 Pa.C.S. § 955 (Pa. Human Relations Act).
- Source-of-income classification: Verified against state statute and major local ordinances. Marked "local" for Pennsylvania.
- Recent statutory activity: No statewide SO/GI/SOI, Philadelphia, Pittsburgh, Allentown have local fair-housing ordinances.
Related Guides for Pennsylvania Landlords
This guide summarizes housing-discrimination rules under 43 Pa.C.S. § 955 (the Pennsylvania Human Relations Act), enforced by the Pennsylvania Human Relations Commission, alongside the federal Fair Housing Act (42 U.S.C. § 3604). Last reviewed June 2026. It is informational only and not legal advice; consult a qualified Pennsylvania attorney or the relevant local agency before making screening or leasing decisions.
Frequently Asked Questions
Can a landlord refuse a Section 8 voucher in Pennsylvania?
It depends on the location. Pennsylvania has no statewide source-of-income law, so refusing a voucher is not automatically illegal across the Commonwealth. However, cities including Philadelphia, Pittsburgh, and Allentown have local fair-housing ordinances that protect source of income, meaning a flat 'no Section 8' policy can be unlawful there. Always check the local ordinance before refusing a voucher.
How many protected classes does Pennsylvania recognize?
Pennsylvania recognizes the seven federal Fair Housing Act classes (race, color, national origin, religion, sex, familial status, and disability) plus four added by the Pennsylvania Human Relations Act under 43 Pa.C.S. § 955: ancestry, age (40+), use of a service or guide animal, and education status.
Are sexual orientation and gender identity protected in Pennsylvania?
Not statewide. The Pennsylvania Human Relations Act does not include statewide protections for sexual orientation or gender identity. Those protections exist only through local ordinances in cities such as Philadelphia, Pittsburgh, and Allentown. Separately, HUD's 2021 reading of 'sex' under the federal Fair Housing Act treats sexual orientation and gender identity as covered nationwide.
How is fair housing enforced in Pennsylvania, and what are the penalties?
Complaints under the Pennsylvania Human Relations Act are handled by the Pennsylvania Human Relations Commission, which investigates, attempts conciliation, and can pursue remedies. Because conduct may also violate the federal Fair Housing Act, a landlord can face federal civil penalties in addition to state remedies. Local ordinances in covered cities add another enforcement layer.
Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: 43 Pa.C.S. § 955 (Pa. Human Relations Act). Last updated August 28, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Pennsylvania attorney before making a screening, denial, or eviction decision.