As written in this space many times, an important responsibility for professional apartment management is to know the laws where you have properties. While our federal Fair Housing Act (FHA) has seven protected classes (race, national origin, color, religion, sex, disability, and familial status) many states (as well as some cities and counties) have similar fair housing laws with additional protected classes. And in addition to monitoring changes in the law, another caveat is to also be aware if an agency changes how it interprets existing law. Such is the case in Pennsylvania – in which the Pennsylvania Human Relations Commission (PHRC) just expanded the definition of “sex” as a protected class to now include not just sex assigned at birth, but also sexual orientation, gender identity, gender expression, gender transition, and transgender identity.
What does this mean in the real world? The change permits LGBTQ individuals living in Pennsylvania to file a complaint with the PHRC asserting housing, employment, education, or public accommodation discrimination based on their LGBTQ status.
This change did not come without controversy, as the Pennsylvania legislature did not amend the Pennsylvania Human Relations Act. Nevertheless, the PHRC believed it to be in the public interest to expand the definition of “sex” and the Commission went through a comment period before issuing the amended guidance. After releasing its proposed change in 2017, the PHRC received over 8,000 comments on the topic. I am sure this change will be subject to a court challenge in the near future.
As the lawyer for apartment ownership/management, what do I want? Simple. My preference is always to have a clear understanding of the law and that the number of ambiguities get reduced as much as possible. If a legislature (federal, state, or local) is going to change the law, fine – just let me know what it is so I can provide the best advice possible. Here, although the Pennsylvania legislature chose not to change the law, the PHRC disagreed and issued guidance in an effort to do what the legislature would not. I will report back as appropriate.
Just A Thought.