PRINTER'S NO. 109
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
124
Session of
2023
INTRODUCED BY MUTH, COMITTA, HAYWOOD, HUGHES, KANE, DILLON,
COSTA, CAPPELLETTI AND TARTAGLIONE, JANUARY 19, 2023
REFERRED TO URBAN AFFAIRS AND HOUSING, JANUARY 19, 2023
AN ACT
Amending the act of October 27, 1955 (P.L.744, No.222), entitled
"An act prohibiting certain practices of discrimination
because of race, color, religious creed, ancestry, age or
national origin by employers, employment agencies, labor
organizations and others as herein defined; creating the
Pennsylvania Human Relations Commission in the Governor's
Office; defining its functions, powers and duties; providing
for procedure and enforcement; providing for formulation of
an educational program to prevent prejudice; providing for
judicial review and enforcement and imposing penalties,"
further providing for definitions, for unlawful
discriminatory practices and for prohibition of certain real
estate practices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of October 27, 1955
(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, is amended by adding a subsection to read:
Section 4. Definitions.--As used in this act unless a
different meaning clearly appears from the context:
* * *
(bb) The term "source of income" means all lawful sources of
income, including earned income, child support, alimony,
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insurance and pension proceeds, and all forms of public
assistance, including Federal, State and local housing
assistance programs.
Section 2. Sections 5(h)(1), (2), (3), (4), (5), (6) and (8)
and 5.3 of the act are amended to read:
Section 5. Unlawful Discriminatory Practices.--It shall be
an unlawful discriminatory practice, unless based upon a bona
fide occupational qualification, or in the case of a fraternal
corporation or association, unless based upon membership in such
association or corporation, or except where based upon
applicable security regulations established by the United States
or the Commonwealth of Pennsylvania:
* * *
(h) For any person to:
(1) Refuse to sell, lease, finance or otherwise to deny or
withhold any housing accommodation or commercial property from
any person because of the race, color, familial status, age,
religious creed, ancestry, sex, national origin [or], handicap
or disability or source of income of any person, prospective
owner, occupant or user of such housing accommodation or
commercial property, or to refuse to lease any housing
accommodation or commercial property to any person due to use of
a guide animal because of the blindness or deafness of the user,
use of a support animal because of a physical handicap of the
user or because the user is a handler or trainer of support or
guide animals or because of the handicap or disability of an
individual with whom the person is known to have a relationship
or association.
* * *
(2) Refuse to lend money, whether or not secured by mortgage
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or otherwise for the acquisition, construction, rehabilitation,
repair or maintenance of any housing accommodation or commercial
property or otherwise withhold financing of any housing
accommodation or commercial property from any person because of
the race, color, familial status, age, religious creed,
ancestry, sex, national origin, handicap or disability or source
of income of any person, 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 support or
guide animals or because of the handicap or disability of an
individual with whom the person is known to have a relationship
or association.
(3) Discriminate against any person in the terms or
conditions of selling or leasing any housing accommodation or
commercial property or in furnishing facilities, services or
privileges in connection with the ownership, occupancy or use of
any housing accommodation or commercial property because of the
race, color, familial status, age, religious creed, ancestry,
sex, national origin, handicap or disability or source of income
of any person, 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 support or guide
animals or because of the handicap or disability of an
individual with whom the person is known to have a relationship
or association.
* * *
(4) Discriminate against any person in the terms or
conditions of any loan of money, whether or not secured by
mortgage or otherwise for the acquisition, construction,
rehabilitation, repair or maintenance of housing accommodation
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or commercial property because of the race, color, familial
status, age, religious creed, ancestry, sex, national origin
[or], handicap or disability or source of income of any person,
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 or because of
the handicap or disability of an individual with whom the person
is known to have a relationship or association.
(5) Print, publish or circulate any statement or
advertisement: (i) relating to the sale, lease or acquisition of
any housing accommodation or commercial property or the loan of
money, whether or not secured by mortgage, or otherwise for the
acquisition, construction, rehabilitation, repair or maintenance
of any housing accommodation or commercial property which
indicates any preference, limitation, specification, or
discrimination based upon race, color, familial status, age,
religious creed, ancestry, sex, national origin, handicap or
disability, source of income or because of the handicap or
disability of an individual with whom the person is known to
have a relationship or association, or (ii) relating to the
sale, lease or acquisition of any housing accommodation or
commercial property which indicates any preference, limitation,
specification or discrimination based upon 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 support or guide animals.
(6) Make any inquiry, elicit any information, make or keep
any record or use any form of application, containing questions
or entries concerning race, color, familial status, age,
religious creed, ancestry, sex, national origin, handicap or
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disability, source of income or because of the handicap or
disability of an individual with whom the person is known to
have a relationship or association in connection with the sale
or lease of any housing accommodation or commercial property or
loan of any money, whether or not secured by mortgage or
otherwise for the acquisition, construction, rehabilitation,
repair or maintenance of any housing accommodation or commercial
property, or to make any inquiry, elicit any information, make
or keep any record or use any form of application, containing
questions or entries concerning 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
support or guide animals, in connection with the lease of any
housing accommodation or commercial property.
* * *
(8) Discriminate in real estate-related transactions, as
described by and subject to the following:
(i) It shall be unlawful for any person or other entity
whose business includes engaging in real estate-related
transactions to discriminate against any person in making
available such a transaction or in the terms or conditions of
such a transaction because of race, color, religious creed,
ancestry, national origin, sex, age, handicap or disability,
source of income, use of a guide or support animal because of a
physical handicap or because the user is a handler or trainer of
guide or support animals or familial status.
(ii) Nothing in this act prohibits a person engaged in the
business of furnishing appraisals of real property to take into
consideration factors other than race, color, religious creed,
ancestry, national origin, sex, age, handicap or disability,
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source of income, use of a guide or support animal because of a
physical handicap or because the user is a handler or trainer of
guide or support animals or familial status.
* * *
Section 5.3. Prohibition of Certain Real Estate Practices.--
It shall be an unlawful discriminatory practice for any person
to:
(a) Induce, solicit or attempt to induce or solicit for
commercial profit any listing, sale or transaction involving any
housing accommodation or commercial property by representing
that such housing accommodation or commercial property is within
any neighborhood, community or area adjacent to any other area
in which there reside, or do not reside, persons of a particular
race, color, familial status, age, religious creed, ancestry,
sex, national origin, handicap or disability, source of income,
or who are guide or support animal dependent.
(b) Discourage, or attempt to discourage, for commercial
profit, the purchase or lease of any housing accommodation or
commercial property by representing that such housing
accommodation or commercial property is within any neighborhood,
community or area adjacent to any other area in which there
reside, or may in the future reside in increased or decreased
numbers, persons of a particular race, color, familial status,
age, religious creed, ancestry, sex, national origin, handicap
or disability, source of income, or who are guide or support
animal dependent.
(c) Misrepresent, create or distort a circumstance,
condition or incident for the purpose of fostering the
impression or belief, on the part of any owner, occupant or
prospective owner or occupant of any housing accommodation or
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commercial property, that such housing accommodation or
commercial property is within any neighborhood, community or
area adjacent to any other area which would be adversely
impacted by the residence, or future increased or decreased
residence, of persons of a particular race, color, familial
status, age, religious creed, ancestry, sex, national origin,
handicap or disability, source of income, or who are guide or
support animal dependent within such neighborhood, community or
area.
(d) In any way misrepresent or otherwise misadvertise within
a neighborhood or community, whether or not in writing, that any
housing accommodation or commercial property within such
neighborhood or community is available for inspection, sale,
lease, sublease or other transfer, in any context where such
misrepresentation or misadvertising would have the effect of
fostering an impression or belief that there has been or will be
an increase in real estate activity within such neighborhood or
community due to the residence, or anticipated increased or
decreased residence, of persons of a particular race, color,
familial status, age, religious creed, ancestry, sex, national
origin, handicap or disability, source of income, or the use of
a guide or support animal because of the blindness, deafness or
physical handicap of the user.
Section 3. This act shall take effect in 60 days.
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