PA fair housing laws: What your HOA should know

What are PA fair housing laws?

Pennsylvania’s fair housing law is called the Pennsylvania Human Relations Act (PHRA). The state law prohibits discrimination in housing and outlines how community associations must handle policies, services, facilities, and interactions with residents.
 

Key provisions HOAs should know

Several parts of the PHRA directly affect how community associations operate:

• Protected classes: The PHRA prohibits discrimination based on protected classes such as race, color, religious creed, ancestry, national origin, sex, familial status, age (40+), disability, and the use of a guide or support animal.
  
  Boards must apply rules and policies consistently, without treating residents differently based on these characteristics, or they risk creating unenforceable HOA rules. Some Pennsylvania cities and municipalities add additional protections. Your attorney can help you confirm what applies in your community.
   
• Equal access to services and facilities: Associations must provide access to community spaces and services without discriminating based on a protected class. This includes amenities like pools, gyms, and clubhouses, as well as common areas such as parking lots, lobbies, and outdoor gathering areas.
   
• Reasonable accommodations: Residents with disabilities may request changes to rules, procedures, or services when needed for full use of their home. These requests may involve things like a reserved parking space closer to an entrance, allowing an assistance animal even where pets are restricted, or adjusting how notices or communications are provided. Boards should review these requests carefully with guidance from qualified legal counsel.
   
• Reasonable modifications: Residents may seek physical changes to a property or common area to improve accessibility, such as ramps or lifts. In many cases, residents are responsible for the cost of modifications inside their own home, while responsibilities can differ for common areas, so it’s important to review requests with counsel and follow a documented process.
   
• Nondiscriminatory governing documents: An association’s rules and policies must align with Pennsylvania’s fair housing requirements. A rule that appears neutral may still raise concerns if it affects certain protected classes differently.
   
• Assistance animals vs. pets: Pet rules typically do not apply to assistance animals. Requests should be handled as a reasonable accommodation, with limited, appropriate documentation when the disability/need isn’t obvious.
   
• Enforcement authority: The Pennsylvania Human Relations Commission (PHRC) and the U.S. Department of Housing and Urban Development (HUD) may investigate potential violations. Residents may file complaints within timelines set by the state or federal government.
  
  In Pennsylvania, state filing deadlines can be short (generally 180 days), so prompt, organized responses matter. Boards that maintain detailed records and follow clear procedures are better positioned to respond to these investigations.

These provisions shape how board members make decisions and how they handle resident requests and daily operations.
 

Homeowner rights

Pennsylvania fair housing protections apply to residents, future residents, and applicants by prohibiting discrimination in housing-related decisions and access to community facilities. These protections apply to rule enforcement, daily services, and the way associations communicate with the people they serve.

Anyone covered by the PHRA has the right to request accommodations or modifications when needed for disability-related reasons. Boards are expected to follow a consistent review process and handle each request with care. Those who believe they were treated unfairly may request clarification from the association or ask to review governing documents related to the decision. They may also file a complaint with the PHRC or HUD. These agencies review concerns and provide information about available procedures.
 

Compliance tips

1. Apply policies consistently

   Enforcing rules consistently supports compliance with Pennsylvania fair housing law. When boards use the same procedures for every enforcement step, architectural review, amenity request, or communication, it becomes easier to show that decisions were applied fairly.
   
   Consistency also supports board transitions and reduces the possibility of confusion among residents. Property management companies can help track enforcement activity and prepare communication templates that encourage consistent practices.
    

2. Review rules regularly

   Rules may need adjustments when Pennsylvania HOA laws change or when the community’s needs evolve. Reviewing rules regularly with legal counsel helps boards identify sections that may need refinement.
   
   A property management company can help gather feedback and prepare organized notes for the board’s attorney. Once revisions are approved, the management team can coordinate communication so residents receive timely updates, and enforce new rules in a way that supports compliance.
    

3. Understand disability-related requests

   Disability-related requests require careful attention because Pennsylvania law and the federal Fair Housing Act provide specific protections. Residents may request accommodations to rules or modifications to physical structures.
   
   Boards may be able to request appropriate documentation, but must do so within legal guidelines and avoid asking for excessive information. Training board members on common accommodation scenarios like assistance animals or mobility-related parking needs can help avoid delays and prevent accidental missteps.
    

4. Document the process

   Documentation plays an important role in demonstrating compliance with Pennsylvania fair housing requirements. Records of meetings, notices, architectural decisions, and accommodation reviews help associations respond to questions that may arise about how a decision was made. Organized documentation also supports continuity when leadership changes.
    

5. Support new board members

   Board members benefit from training and ongoing education related to Pennsylvania fair housing rules. When new members join, early guidance helps them understand how decisions should be made and how resident requests should be reviewed. A property management company can offer onboarding sessions or provide reference materials that help new members transition into their roles with confidence.

What HOAs generally cannot do

Board members should not:

• Refuse to consider a reasonable accommodation request (or ignore it indefinitely) because it’s inconvenient or “not in the rules.”
   
• Apply rules differently based on a protected class.
   
• Delay, stonewall, or over-demand paperwork for disability-related requests.
   
• Deny access to amenities (pool, gym, clubhouse, parking) in a way that singles out protected classes.
   
• Harass, embarrass, or tolerate harassment of a resident based on a protected class, especially when it happens in common areas or during association interactions.
   
• Retaliate against someone for requesting an accommodation, raising a concern, or filing a complaint.

About FirstService Residential

FirstService Residential supports Pennsylvania communities with local expertise and dedicated service. Our teams assist with communication, maintenance coordination, financial management, documentation, and 24/7 customer care, all designed to simplify life for board members and residents alike.

To learn how FirstService Residential can support your association, contact our team today.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.