Legal Question in Real Estate Law in Pennsylvania

No. But you have to make sure that you do not violate any provisions of the federal fair housing act or state human relations act. See 43 P.S. � 953 below. You can discriminate on ability to afford the property but you cannot use this as a pretext to engage in discrimination of the kind outlined in the statute.

For example, if a black athlete could afford to pay the rent because he is paid mega millions, you can't discriminate against him claiming he could not afford it. If an Indian physician also earns a decent salary, you could not discriminate either against him.

You can certainly ask for a rental application and get information about employment/income. Obivously, the prospective tenant has to justify this information on the application. If they put down that they are paid minimum wage for work at McDonald's and this is the only source of income, then maybe they do not earn enough to pay rent of $700 or more and you might be justified in making further inquiry as to how they are going to afford it. Do they have other legitimate sources of income (for example, they free lance in their spare time working as a disc jockey at weddings or designing websites).

43 P.S. � 953. Right to freedom from discrimination in employment, housing and public accommodation

The opportunity for an individual to obtain employment for which he is qualified, and to obtain all the accommodations, advantages, facilities and privileges of any public accommodation and of any housing accommodation and commercial property without discrimination because of race, color, familial status, religious creed, ancestry, handicap or disability, age, sex, national origin, the use of a guide or support animal because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals is hereby recognized as and declared to be a civil right which shall be enforceable as set forth in this act.