Fair Housing Act Complaint - Pennsylvania

PENNSYLVANIA HUMAN RELATIONS ACT HOUSING COMPLAINT (43 P.S. § 955(h))

1. CAPTION

IN THE COURT OF COMMON PLEAS OF [____________________] COUNTY, PENNSYLVANIA

CIVIL ACTION — LAW

No. [____________________]

COMPLAINT IN CIVIL ACTION

1. Violation of the Pennsylvania Human Relations Act (43 P.S. § 955(h));
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617);
3. Failure to Provide Reasonable Accommodation / Modification (43 P.S. § 955(h); 16 Pa. Code § 45.6; 42 U.S.C. § 3604(f)). [if disability is at issue]

JURY TRIAL DEMANDED

2. NOTICE TO DEFEND

[INSERT Pa.R.C.P. 1018.1 NOTICE TO DEFEND]

Plaintiff, by and through undersigned counsel, alleges as follows:

3. PARTIES

3.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, an adult individual residing in [CITY, COUNTY], Pennsylvania, and a person aggrieved by an unlawful discriminatory practice under the PHRA.

3.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the housing accommodation at issue and is a "person" subject to 43 P.S. § 955(h).

3.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts.

3.4. Doe Defendants. Plaintiff is presently unaware of the true names and capacities of Defendants sued as John Does 1-10 and will amend this Complaint when ascertained.

3.5. Subject property. The housing accommodation at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "housing accommodation" within the meaning of 43 P.S. § 954.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction under 42 Pa.C.S. § 931 and the Pennsylvania Human Relations Act, 43 P.S. § 962(c).

4.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

4.3. Venue is proper in [COUNTY] County under Pa.R.C.P. 1006 because the Property is located in this County and the discriminatory conduct occurred here.

4.4. Administrative exhaustion. On or about [DATE], Plaintiff filed a verified complaint of housing discrimination with the Pennsylvania Human Relations Commission (PHRC). The PHRC [dismissed the complaint / failed to enter into a conciliation agreement or hold a hearing within one (1) year], and Plaintiff is therefore entitled to bring this civil action under 43 P.S. § 962(c).

5. FACTUAL ALLEGATIONS

5.1. The PHRA prohibits housing discrimination because of race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability, or the use of a guide or support animal because of blindness, deafness, or physical handicap (43 P.S. § 955(h)).

5.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

5.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., disability (________), familial status, race (________), religious creed, ancestry, age, use of a support animal].

5.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusal to sell, lease, or rent, or to negotiate for sale or rental of a housing accommodation (43 P.S. § 955(h)(1))
☐ Discrimination in the terms, conditions, or privileges of sale, rental, or lease, or in services or facilities (43 P.S. § 955(h))
☐ Discriminatory notice, statement, or advertisement indicating a preference or limitation (43 P.S. § 955(h))
☐ Misrepresenting that a housing accommodation is unavailable when it is in fact available
☐ Steering, or blockbusting (inducing sale/rental for profit by representations regarding entry of protected-class persons into a neighborhood)
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services — disability
☐ Refusal to permit a reasonable modification of the premises — disability (16 Pa. Code § 45.6)
☐ Discrimination based on use of a guide or support animal because of blindness, deafness, or physical handicap
☐ Harassment or creation of a hostile housing environment
☐ Retaliation against a person who opposed discrimination or exercised PHRA rights (43 P.S. § 955(d))
☐ Other state-protected-class discrimination: [DESCRIBE]

5.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

5.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

5.7. [Disability allegations, if applicable:] Plaintiff has a non-job-related handicap or disability within the meaning of the PHRA, specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., support animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to respond / imposed unreasonable conditions].

5.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

6. COUNT I — PENNSYLVANIA HUMAN RELATIONS ACT (43 P.S. § 955(h))

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct constitutes one or more unlawful discriminatory practices prohibited by 43 P.S. § 955(h) because of Plaintiff's [PROTECTED CLASS].

6.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect. The PHRA is to be construed liberally to accomplish its purposes (43 P.S. § 962(a)) and is generally interpreted consistently with the federal Fair Housing Act.

6.4. Plaintiff is entitled to the relief available under the PHRA, including actual damages, injunctive and affirmative relief, and attorney fees and costs as authorized by 43 P.S. §§ 959, 962.

7. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

7.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

7.4. This Count is timely under 42 U.S.C. § 3613(a) and requires no PHRC exhaustion. Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney fees and costs under 42 U.S.C. § 3613(c).

8. COUNT III — DISABILITY: REASONABLE ACCOMMODATION / MODIFICATION (43 P.S. § 955(h); 16 Pa. Code § 45.6; 42 U.S.C. § 3604(f))

8.1. Plaintiff incorporates the preceding paragraphs.

8.2. Plaintiff is a person with a handicap or disability under the PHRA and 42 U.S.C. § 3602(h).

8.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling. Under 16 Pa. Code § 45.6, a person with a disability must be allowed to make reasonable modifications at their expense.

8.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of 43 P.S. § 955(h), 16 Pa. Code § 45.6, and 42 U.S.C. § 3604(f)(3)(A)-(B).

8.5. Plaintiff is entitled to actual damages, injunctive relief (including an order compelling the accommodation/modification), and attorney fees and costs.

9. DAMAGES

9.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

9.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

9.3. Punitive damages: under the federal FHA (42 U.S.C. § 3613(c)(1)) where Defendant acted with malice or reckless indifference. (The PHRA does not authorize punitive damages.)

9.4. Civil penalties: as authorized in PHRC administrative proceedings under 43 P.S. § 959.

9.5. Attorney fees and costs: under 43 P.S. § 962 (PHRA) and 42 U.S.C. § 3613(c)(2).

9.6. Pre- and post-judgment interest as allowed by law.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages on the federal FHA count;
• D. For a declaration that Defendants' conduct violated Pennsylvania and federal fair-housing laws;
• E. For permanent injunctive and affirmative relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For reasonable attorney fees and costs under all applicable fee-shifting statutes;
• G. For pre- and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

11. JURY TRIAL DEMAND

Plaintiff demands a trial by jury on all issues so triable pursuant to Pa.R.C.P. 1007.1 and the Seventh Amendment to the United States Constitution.

12. VERIFICATION

I, [PLAINTIFF NAME], verify that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the statements therein are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: [__/__/____]

[____________________]

[PLAINTIFF NAME]

13. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], Pa. Attorney I.D. No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

14. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Complaint to be served on the following by [method — original process per Pa.R.C.P. 400 et seq. / mail / PACFile electronic service]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

15. PENNSYLVANIA PRACTICE NOTES

• Enforcing agency. The Pennsylvania Human Relations Commission (PHRC) administers and enforces the PHRA's housing provisions.
• Protected classes. 43 P.S. § 955(h): race, color, familial status, religious creed, ancestry, age, sex, national origin, non-job-related handicap or disability, and the use of a guide or support animal because of blindness, deafness, or physical handicap. Note: the PHRA does not enumerate sexual orientation or gender identity, but the PHRC has issued guidance interpreting "sex" to include sexual orientation and gender identity consistent with federal case law — this is an evolving/contested area; flag and confirm before relying on it.
• Administrative exhaustion (CRITICAL). Unlike many state fair-housing laws, the PHRA generally requires PHRC exhaustion. A complaint must be filed with the PHRC within 180 days of the discriminatory act (43 P.S. § 959(h)). A civil action may then be brought only after the PHRC dismisses the complaint or fails to resolve it (no conciliation agreement and no hearing) within one (1) year of filing (43 P.S. § 962(c)). The federal FHA count has no exhaustion requirement.
• Limitations periods.
• PHRC administrative complaint: 180 days from the discriminatory act.
• State court action: available after the one-year PHRC period; the PHRA does not set a separate freestanding court limitations period, so file promptly after the right accrues and confirm any applicable catch-all limitation.
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Remedies. The PHRA authorizes actual/compensatory damages (including emotional distress), injunctive and affirmative relief, civil penalties in administrative proceedings, and attorney fees. The PHRA does NOT authorize punitive damages — punitive damages are available only under the federal FHA count.
• Reasonable modifications. 16 Pa. Code § 45.6 expressly allows a person with a disability to make reasonable modifications of the premises at their expense (landlord may, where reasonable, condition on restoration).
• Removal exposure. Including the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading state counts only to anchor in state court.

16. SOURCES AND REFERENCES

• 43 P.S. § 955 (PHRA — unlawful discriminatory practices, including § 955(h) housing) — https://codes.findlaw.com/pa/title-43-ps-labor/pa-st-sect-43-955/
• Pennsylvania Human Relations Act (full text, Act 222 of 1955) — https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1955/0/0222..HTM
• 16 Pa. Code Chapter 45 (housing accommodations / commercial property; § 45.6 modifications) — https://www.pacodeandbulletin.gov/secure/pacode/data/016/chapter45/chap45toc.html
• Pennsylvania Human Relations Commission — https://www.phrc.pa.gov/
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Pennsylvania must review and customize this document before filing. Verify all statutory citations, the PHRC exhaustion posture, and court rules before use.