Key takeaways
- Philadelphia’s FPO has been amended to provide stronger protections against SOI discrimination that apply to current and prospective tenants
- It is unlawful in Philadelphia to represent that a property does not accept or is not eligible for housing assistance vouchers and for any person to fail to cooperate in completing and submitting documents necessary to receive housing vouchers.
- Several tenant-friendly procedural changes have been adopted that will likely increase enforcement of the SOI discrimination claims under the FPO.
The Philadelphia City Council recently amended its Fair Practices Ordinance (FPO) to expand protections against source of income (SOI) discrimination in housing within city limits. Although SOI discrimination has long been unlawful in Philadelphia, there has been a historically low incidence of reported SOI claims. The recent amendments are aimed at not only clarifying the scope of the FPO but also expanding both substantive and procedural protections afforded to tenants and prospective tenants.
Pursuant to the FPO amendments, the definition of “source of income” now specifically includes “the Housing Choice Voucher (sometimes referred to as “Section 8”) Program and other comparable rental voucher programs.” Additionally, effective December 4, 2024, it is unlawful in the city of Philadelphia to: (i) advertise or communicate that housing vouchers cannot be used to rent or buy a property; (ii) refuse to rent or restrict services or repairs in a manner that denies access to voucher holders; and (iii) undertake premeditated delays or otherwise fail to cooperate with a request to complete or submit necessary paperwork for processing rental vouchers promptly. Importantly, these prohibitions apply to both current and prospective tenants.