Section 45.172. Familial status/age

(a) It is unlawful to advertise a preference, limitation or discrimination against families with children in the household or against persons 40 years of age or older. Examples include, the following:

(1) The use of any phrase which notes a preference, limitation or discrimination for adults, couples or singles or families without children for example—‘‘adult atmosphere,’’ ‘‘mature adults preferred,’’ ‘‘great for retired couple or couple just starting out,’’ ‘‘adult/family sections,’’ ‘‘no kids/pets okay,’’ ‘‘couples only,’’ ‘‘ideal for singles,’’ ‘‘adult community’’ or ‘‘suitable for one or two adults.’’

(2) The use of any colloquialisms which imply the same as those in subsection (a)(1) for example—‘‘empty nesters,’’ ‘‘honeymooners’’ or ‘‘swinging singles.’’

(3) The listing the number of children allowed.

(b) Not withstanding the prohibitions in subsection (a), it is not unlawful to:

(1) List the size and number of rooms or bedrooms.

(2) Indicate that the housing meets the requirements for ‘‘housing for older persons’’ as defined in section 4 of the act (43 P. S. § 954). A publisher may rely on the advertisers written representations of such, unless the publisher has reason to believe otherwise.

(3) Advertise a preference against children and advertise age restrictions when the housing accommodation qualifies as ‘‘housing for older persons’’ as defined in section 4 of the act.

The provisions of this § 45.172 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.

Notation

Authority

The provisions of this § 45.172 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).

Cross References

This section cited in 16 Pa. Code § 45.191 (relating to advertisements).