From the Hotline

By Legal Department
Pennsylvania Newspaper Association

Q: Is there an exemption in the fair housing laws that permits religious organizations to discriminate based on religion when seeking tenants for properties that are owned by that religious organization?

A: There is a narrow exemption in the fair housing laws that permits religious organizations to show a preference for their religion when selling or renting dwellings owned or operated by a religious organization for a noncommercial purpose. Certain qualified religious organizations may therefore limit the sale or rental of dwellings to persons of that religion.

The exemption does not apply when the housing is being rented or sold for "commercial" purposes. As a result, although a convent or a home for retired missionaries may qualify as a dwelling owned or operated by a religious organization for a noncommercial purpose, other communities would likely be classified as "commercial" enterprises and would not be subject to the exemption.

Note also that even when the exception applies, religious organizations may not discriminate in the sale or rental of a dwelling on the basis of race, color, sex, handicap, familial status, age, national origin, or any other protected class.

As always, the policy easiest to enforce is one that does not permit any religious references in ads. If your advertiser has informed you that it is subject to the religious exemption, you should get something in writing, signed by the owner or operator of the property, stating that they are exempt from the federal and state fair housing laws and can therefore discriminate based on religion because the property is owned or operated by a religious organization for a noncommercial purpose.

Please call your newspaper's lawyer or the PNA's legal hotline at (717) 703-3080 if you have any questions about a particular ad.

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PNA Legal Hotline: (717) 703-3080