Proving Discriminatory Rental Screening in Pennsylvania

Renters in Pennsylvania are legally protected from discrimination during the rental application process. If you suspect that a landlord has treated you unfairly because of your race, disability, family status, or other protected trait, you have rights and options under state and federal law. Understanding those rights and the steps for documenting and proving discrimination can help you take action.

Understanding Discriminatory Screening in Pennsylvania

Discriminatory screening happens when a landlord treats rental applicants differently based on protected characteristics, such as:

• Race or color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Disability
• Familial status (such as having children)
• Age (in certain localities)

In Pennsylvania, these protections are covered under both the Pennsylvania Human Relations Act (PHRA) and the federal Fair Housing Act.^[1]

Signs of Discriminatory Screening

Be alert for these warning signs when applying for a rental unit:

• Your application is denied while others with similar finances are approved
• The landlord asks unnecessary or intrusive questions about your protected characteristics
• Being quoted a higher rent or deposit than others
• Delays in processing your application with no clear reason
• Being told units are unavailable, but then others are shown the same units

If you notice these behaviors, it's important to gather evidence if you want to challenge the decision.

How to Gather Evidence of Discriminatory Screening

You do not need to prove intentional discrimination—showing that you were treated differently because of a protected trait is often enough. To document your case:

• Keep copies of all communications (emails, texts, letters) with the landlord or property manager.
• Ask for application denials in writing.
• Record the names and contact information of witnesses who can confirm your experience.
• Note the details: What was said, who was present, when and where it happened.
• If possible, compare your experience to others who applied for the same property.

Filing an Official Discrimination Complaint

Renters in Pennsylvania can file a formal complaint with the Pennsylvania Human Relations Commission (PHRC). Here’s how the process generally works:

PA Human Relations Commission Intake Questionnaire

• Form Name: PHRC Housing Discrimination Questionnaire
• When Used: Use this form to report suspected discrimination in rental housing. Completing this form starts the complaint process with PHRC.
• Where to Access: Download the Housing Discrimination Questionnaire (PHRC)
• Example: If you were denied an apartment after mentioning you have children, you can fill out this questionnaire outlining what occurred.

What Happens After Filing?

• The PHRC will review your intake form and contact you for more details.
• If your situation appears to violate the law, the PHRC will work with you to submit a formal complaint for investigation.
• The landlord will be notified and asked to respond. PHRC may try to mediate, or the case could lead to a hearing before the Pennsylvania Human Relations Commission board itself.

Renters can also file federal complaints with the U.S. Department of Housing and Urban Development (HUD) using the HUD Form 903. However, starting with PHRC is often best for state-specific situations.

Relevant Laws, Forms, and Tribunals

• Pennsylvania Human Relations Act (PHRA): Main state law on rental discrimination. See the full text of the PHRA.^[2]
• PA Human Relations Commission (PHRC): Official tribunal for discrimination complaints. PHRC official website.
• PHRC Housing Discrimination Questionnaire: Access form and instructions.
• HUD Discrimination Complaint Form 903: Download PDF (used for federal complaints).

What Renters Should Do Next

If you suspect discrimination during rental screening in Pennsylvania:

• Document everything: Keep all records and correspondence.
• Fill out the PHRC Housing Discrimination Questionnaire.
• Submit your completed form to a PHRC office online, by mail, or in person.
• Consider speaking to the PHRC or a local legal aid organization for support and legal advice.

FAQ: Pennsylvania Rental Discrimination

1. What is considered discriminatory screening by a landlord?
   Discriminatory screening is when a landlord treats applicants differently based on race, disability, family status, or other protected traits, instead of objective criteria such as credit or rental history.
2. Does discrimination have to be intentional to file a complaint?
   No. If the effect of a landlord’s screening policy results in unequal treatment of protected groups, it may be unlawful—even if not intentional.
3. How long do I have to file a discrimination complaint in Pennsylvania?
   Generally, you must file your complaint with PHRC within 180 days (about 6 months) of the alleged discriminatory act.
4. Can a landlord ask about my citizenship or immigration status?
   Landlords can verify legal residency, but blanket policies excluding all non-citizens may violate fair housing laws.
5. Where can I get help filling out the PHRC complaint form?
   You can call the PHRC at 717-787-4410 or visit a regional PHRC office for in-person assistance with the process.

Key Takeaways

• Pennsylvania renters are protected from rental screening discrimination under state and federal law.
• Gathering detailed evidence is crucial if you believe you were treated unfairly.
• File a complaint with the PHRC using the official questionnaire to start an investigation.

If you follow these steps and use official resources, you can stand up for your rights as a renter.

Need Help? Resources for Renters

• Pennsylvania Human Relations Commission (PHRC) – File a complaint, get help, and learn more about your rights.
• HUD Fair Housing Complaint Process – Guidance for federal discrimination complaints.
• PA Law Help – Fair Housing Resources – Tenant-friendly guides and legal aid contact information.

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1. Pennsylvania Human Relations Act (PHRA): Full text of PHRA
2. Pennsylvania Human Relations Commission (PHRC): Official PHRC site
3. U.S. Department of Housing and Urban Development (HUD), Fair Housing Act: HUD Fair Housing Overview
4. PHRC Housing Discrimination Complaint Form: PHRC Intake Questionnaire
5. HUD Form 903 – Housing Discrimination Complaint: HUD Form 903

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