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Pa. releases new guidance on monetary damages for emotional distress in housing discrimination

  • Sydney Roach/WPSU
The Pennsylvania state capitol building in Harrisburg on May 13, 2024. (Jeremy Long - WITF)

The Pennsylvania state capitol building in Harrisburg on May 13, 2024. (Jeremy Long - WITF)

Homeowners and renters facing housing discrimination in Pennsylvania now have more clarity on how monetary damages are calculated for emotional distress.

The state’s Human Relations Commission, which is responsible for enforcing state laws prohibiting discrimination, approved new guidelines last week.

Caroline Eister is the commission’s director of fair housing and commercial property. She said the new guidelines will further protect those facing housing discrimination.

“It establishes a framework for determining monetary damages related to emotional distress resulting from humiliation and embarrassment caused by discrimination, particularly in housing,” Eister said.

Eister said the guidelines are intended to be flexible since every case is unique.

The complainant can receive between $5,000 and $35,000, even if their testimony is not supported by a witness or medical evidence. The monetary range increases to $50,000-$100,000 with witness testimony and medical evidence pointing to mental health damage.

“Damages greater than 100,000, that would be appropriate for egregious discrimination where the acts would be ongoing over a significant period of time,” Eister said.

Eister said most housing discrimination cases in Pennsylvania involve people with disabilities. She said common examples of housing discrimination include refusing to rent to someone because of their sex, race or religious beliefs, failure to make reasonable disability accommodations and charging a fee for a support animal.

Anyone who feels they have been discriminated against can file a complaint on the PHRC’s website.

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