From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: An advertiser wants to use the term “walking distance” in a housing ad. Can we print that phrase?

A: Yes, as long as the landmark to which you are referring is non-discriminatory. The Pennsylvania Human Relations Act makes it unlawful to print, publish, circulate or advertise any preference, limitation, specification or discrimination in the sale, rental or financing of residential housing and commercial property on the basis of age, race, color, religion, sex, national origin, ancestry, familial status, handicap or disability, use of guide or support animal due to blindness, deafness or physical handicap, or the handling or training of support or guide animals.

The phrase “walking distance” is fine when followed by a non-discriminatory phrase. The phrase can become unlawful if followed by a phrase that shows preference, limitation, specification or discrimination based on a protected class. For example, “walking distance to public school” is acceptable while “walking distance to Christian Church” is not acceptable.

The PNA Handbook has a very informative section related to housing advertising issues: [CLICK HERE]

Additionally, the Pennsylvania Human Relations Commission has created a guide to help advertisers understand the Pennsylvania Human Relations Act. For the PHRC’s guide, “Reading Between the Lines”: [CLICK HERE]

As always, please call the Legal Hotline at (717) 703-3080 or your newspaper’s attorney if you have any questions relating to housing advertisements.

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PNA Legal Hotline: (717) 703-3080