United States v The Commonwealth of Pennsylvania (M.D. Pa.)

On November 19, 2024, the United States filed a Fair Housing Act complaint in United States v. The Commonwealth of Pennsylvania et al. (M.D. Pa.).  The complaint alleges that a requirement in Pennsylvania’s statewide building code requiring all “community homes” for four or fewer persons with intellectual disabilities or autism to install automatic sprinkler systems, regardless of the age of the dwelling, violates the Fair Housing Act.  The building code does not require single-family homes occupied by households without disabilities to install automatic sprinklers, even when newly constructed.  The complaint alleges that this requirement discriminates based on disability and should be imposed only when warranted by the unique and specific needs and abilities of the residents of a particular home.