HARRISBURG — A Potter County landlord must pay more than $10,000 in a disability discrimination case, and Commonwealth Court Judge Stacy Wallace cautioned landlords to take notice.
The Pennsylvania Commonwealth Court upheld an order by the Pennsylvania Human Relations Commission against Galeton landlord Erin Jackson in a 2019 case involving a renter who had asked for a disability accommodation, in this case, a medically necessary service animal.
The commission found that Jackson denied the accommodation and retaliated against the renter by evicting her, according to the order.
The court ruled that Jackson must not discriminate against anyone who requests a reasonable accommodation, not retaliate against anyone who engages in protected activity, pay the complainant a lump sum of $1,338.91, which represents reasonable out of pocket expenses incurred; pay the complainant $6,000 in compensatory damages for the “embarrassment and humiliation” the complainant suffered; and pay a civil penalty of $3,000.
Jackson, the respondent in the case, had appealed the PHRC final order from December 2022, after the PHRC determined Jackson had unlawfully discriminated against a tenant by denying them an accommodation for a disability. The PHRC also found that Jackson retaliated against the tenant. The Commonwealth Court determined there was no error in the PHRC findings of unlawful discrimination and retaliation.
“The PHRA protects all Pennsylvania citizens from unlawful discrimination including disability,” said PHRC Executive Director Chad Dion Lassiter. “PHRC is glad to see the Commonwealth Court of Pennsylvania uphold its decision to hold those who break the law accountable. PHRC hopes this ruling serves as an example to other landlords to follow the law.”
In the court’s concurring opinion, Wallace said she was writing to “emphasize this as a cautionary tale for landlords.
“Whether a landlord has one tenant or one thousand, he or she must comply with the PHRA. A landlord would be wise to familiarize himself or herself with all legal obligations and consult an attorney.”
The state’s case was prosecuted by Stephanie Chapman, PHRC assistant chief counsel.
PHRC, the state’s leading civil rights enforcement agency, urges anyone who has experienced acts of discrimination or hate to file a complaint by calling (717) 787-4410. Information and resources are also available at www.PHRC.pa.gov.
