City to Enforce New Legislation Directed at Landlords

On Wednesday, December 4, 2024, the Philadelphia Commission on Human Relations (“PCHR”) began enforcing new rules under Philadelphia’s Fair Practices Ordinance intended to provide additional legal protections for renters in Philadelphia. Specifically, the updated Fair Practices Ordinance prohibits landlords from discriminating against potential tenants based on the source of their income. The expanded protections include a prohibition on discriminating against potential tenants on the basis that all or a portion of their rent may be covered by a housing voucher. City Council’s stated intent underlying the recent changes is to ensure that tenants using vouchers can access affordable housing options throughout the city.

Expanded Income Source Protections

In the updated Fair Practices Ordinance, City Council amended the definition of “source of income” to now explicitly cover “all forms of public assistance, including Temporary Assistance for Needy Families; and housing assistance programs, including but not limited to the Housing Choice Voucher (sometimes referred to as “Section 8”) Program and comparable rental voucher programs.” Prior to the effective date of the changes, the Fair Practices Ordinance already covered housing voucher holders; however, City Council and housing advocates argued that the amended definition was necessary to combat claims of discrimination against renters seeking to obtain housing using Section 8 and other similar vouchers.

Prohibited Landlord Practices

Additionally, the Fair Practices Ordinance now specifically states that landlords are barred from advertising or communicating in any way that a property does not accept certain sources of income, including Section 8 and other housing voucher programs. Additionally, landlords may not engage in business practices that have the effect of denying housing opportunities to voucher users. Likewise, landlords must process any paperwork necessary for housing voucher use without creating delays intended to discourage potential applicants from using housing vouchers.

Enhanced Tenant Rights and Appeals Process

The amended Fair Practices Ordinance also gives tenants greater rights in front of the PCHR. Notably, if the PCHR has not completed its investigation into alleged unfair housing practices by the landlord within 100 days of the tenant filing a complaint, then the PCHR must send the tenant a Notice of Right to Sue by mail or email. Further, the generally applicable 30-day period to appeal from PCHR decisions has been extended to 90 days where housing discrimination violations are alleged.

Contact Information

If you are a landlord and have questions about compliance with the fair housing provisions under the Fair Practices Ordinance, contact Natalie Klyashtorny by email at natalie.klyashtorny@nochumson.com or by phone at (215) 600-2852 for a consultation.