Which entities are authorized to investigate charges against real estate licensees concerning illegal discrimination in the sale or rental of housing?

In Pennsylvania, two primary state agencies have the authority to investigate charges of illegal housing discrimination against real estate licensees. The Pennsylvania Human Relations Commission (PHRC) is the main enforcement body for the Pennsylvania Human Relations Act, which prohibits discrimination in housing. Concurrently, the Pennsylvania Real Estate Commission (PREC) is empowered by the Real Estate Licensing and Registration Act (RELRA) to discipline licensees for discriminatory practices, as such actions constitute a violation of the license law. A complaint can be filed with either or both agencies.

A. The Pennsylvania State Legislature is the legislative branch that creates laws; it does not investigate or enforce them against individuals or licensees.

B. The Better Business Bureau is a private, non-governmental organization that handles consumer disputes but has no legal authority to enforce anti-discrimination laws.

C. The Pennsylvania State Legislature does not have an investigatory or enforcement role in individual discrimination cases; that function belongs to executive agencies.

1. Pennsylvania Real Estate Licensing and Registration Act (RELRA), 63 P.S. § 455.604(a)(21). This section specifies that the Real Estate Commission has the power to take disciplinary action against a licensee for "Violating any provision of the act of October 27, 1955 (P.L.744, No.222), known as the 'Pennsylvania Human Relations Act,' or any order or consent decree of the Pennsylvania Human Relations Commission issued pursuant to such act." This directly grants the PREC authority to investigate and act upon discrimination charges.

2. Pennsylvania Human Relations Act (PHRA), 43 P.S. § 955(h). This section of the Act defines it as an "unlawful discriminatory practice" for any person, including a real estate broker or salesperson, to discriminate in housing transactions. Section 959 grants the Pennsylvania Human Relations Commission the power to receive, investigate, and pass upon complaints alleging such violations.

3. Pennsylvania Code, Title 16, Chapter 43, § 43.1 (Housing complaints). This section of the code, which outlines the special rules of administrative practice and procedure before the Pennsylvania Human Relations Commission, explicitly details the process for filing and handling complaints related to unlawful housing discrimination, confirming the PHRC's direct jurisdiction.