Section 45.181. Words to be avoided

(a) It is unlawful to use the following words or phrases in housing advertisements unless used in a clearly nondiscriminatory context such as ‘‘white cabinets’’ or ‘‘french doors.’’ The list is neither intended nor reasonably able to be all inclusive. It is also unlawful to use words or phrases not appearing on the list, but which are used in a context which may reasonably be interpreted as indicating an unlawful discriminatory intent.

Able-bodied adult—If the housing is ‘‘housing for older persons’’ as defined by the Federal Fair Housing Act (42 U.S.C.A. § § 3601—3619) and the act, it is appropriate to say so.

(i) A newspaper/publisher may publish an advertisement for housing, and be held harmless for liability for an advertisement which uses the terms ‘‘senior housing,’’ ‘‘senior community,’’ ‘‘retirement community,’’ if the advertiser provides a statement formally, in writing, to the newspaper/publisher that the property being advertised meets the requirements for ‘‘housing for older persons’’ as defined in the act.

(ii) Equivalent phrases referring to persons 55 and 62 and older such as ‘‘adult community,’’ ‘‘55 and over,’’ ‘‘adult community,’’ ‘‘62 and over,’’ ‘‘adult 55+,’’ ‘‘adult 62+’’ to describe housing for older persons, will also be acceptable.

(iii) The term ‘‘adult’’ alone or with terms that do not meet housing for older persons requirements will remain unlawful terms as a description of housing for older persons.

African-American
Asian
American
Ancestry (any)
Black
Blind
Buddhist
Catholic
Caucasian
Chicano/Chicana
Child/children—Restrictions, unless housing for older persons
Chinese
Christian
Church, near
Color (any when used to describe persons)
Colored
Couple
Crippled
Deaf
Disability (any)—It is acceptable to describe housing as accessible to persons with disabilities. It is not acceptable to attempt to limit the housing to certain persons by stating that it is not accessible.
Disabled
Empty nester
Ethnic neighborhood
Ethnic group (any)
Foreigners
Handicapped
Hindi
Hispanic
Ideal for . . . (a type of person)
Immigrants
Independently, capable of living
Indian
Integrated
Interracial
Irish
Jew/Jewish
Latino/Latina
Mentally handicapped, ill, retarded
Mexican-American
Middle Eastern(er)
Minority
Mixed community
Mormon
Moslem
Mosque, near
Muslim
Nationality (any)
Newlyweds
Parish, near
Perfect for (a type of person)
Polish
Prefer Protestant
Puerto Rican
Race (any, when used to describe a person)
Religion (any, when used to describe persons)
Retarded
Retired persons, retirees—If it is ‘‘housing for older persons,’’ as defined by the Federal Fair Housing Act and the act, use that phrase, as many people who are retired may not qualify for housing for older persons while many people still working may in fact be eligible for housing for older persons.
Segregated
Senior Use—‘‘housing for older persons,’’ as defined by the Federal Fair Housing Act and the act. See note under ‘‘adult’’ and ‘‘retired persons.’’ Many people who do not consider themselves senior may be eligible for housing for older persons.
Suitable for
Synagogue, near
Temple, near
White
Young
Youthful

(b) Any of the words in subsection (a) may be used if they are part of an address. For example, Poplar Church Road, Lutheran Street, Churchville, Black Ridge or Indian Hills, and the like, are permissible.

The provisions of this § 45.181 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.

Notation

Authority

The provisions of this § 45.181 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 § 45.161 (relating to purpose); 16 Pa. Code § 45.163 (relating to general rules); and 16 Pa. Code § 45.193 (relating to good faith efforts).