Section 45.10. Illegal inquiries

(a) It is unlawful to make an inquiry to determine whether an applicant for a housing accommodation or commercial property, a person intending to reside in, occupy or use that housing accommodation or commercial property after it is sold, rented or made available, or any person associated with that a person, is a member of a particular protected class.

(b) It is unlawful to make an inquiry to determine whether an applicant for a housing accommodation or commercial property, a person intending to reside in, occupy or use that housing accommodation or commercial property after it is sold, rented or made available, or a person associated with that person, has a handicap or disability, or to make inquiry as to the nature or severity of a handicap or disability of the person. This subsection does not prohibit the following inquiries, if these inquiries are made of all applicants, whether or not they have handicaps or disabilities:

(1) An inquiry into an applicant’s ability to meet the requirements of ownership or tenancy.

(2) An inquiry to determine whether an applicant is qualified for a dwelling available only to persons with a handicap or particular type of handicap.

The provisions of this § 45.10 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.