It’s just business, nothing personal

From time to time we will field the following call on the Hotline: “I represent a landlord who owns a building; there is a business at street level and an apartment on the second floor. Can I market the property to adults only?”

You cannot, nor can the landlord refuse to rent the property to families with children without engaging in familial status discrimination. Of all the protected classes that are the subject of Hotline calls this seems to be the least understood. “Familial Status” is defined in the Pennsylvania Human Relations Act (“Act”) to include one or more individuals who have not attained the age of 18 living with at least one parent or another person having legal custody of the person under 18. It also includes people who are pregnant or who are in the process of obtaining legal custody of someone who is younger than 18.

The Act also prohibits any individual, including licensees, from advertising in such a way as to indicate a preference or limitation on providing housing based upon familial status. Advertisements are easy ways for licensees to get caught violating certain laws or prohibitions because the ad is in print, easily attached as “Exhibit A” to a complaint. The Human Relations Commission is adept at interpreting ‘code words’ that are designed to convey limitations, so stay away from words and phrases like: “ideal for singles,’ “suitable for one or two adults” or “empty nesters” when advertising property. As always, when in doubt, contact counsel.