Copyright The Philadelphia Inquirer
Pennsylvania has an opportunity to lead the nation in righting a long-standing wrong in our housing laws. A group of legislators has introduced the PA Fair Future Act — landmark legislation that would end the state’s enforcement of one of the most damaging and overlooked barriers to housing: the Thurmond Amendment. Enacted in 1988 during the height of the war on drugs, the Thurmond Amendment allows landlords and property sellers to deny housing solely on the basis of a drug distribution conviction — regardless of how long ago it occurred, the person’s current circumstances, or how much they’ve rebuilt their lives. Imagine making a mistake as a teenager or young adult — getting caught up in drugs, serving your sentence, and spending years working hard to turn your life around. Despite holding a steady job, maintaining good credit, and having a clean rental history, you still find yourself legally locked out of housing because of a decades-old conviction. Some landlords won’t return your calls. Others reject your application outright, no questions asked. That’s the reality for thousands of Pennsylvanians. Take the case of Jonathon Jacobs, who was convicted of marijuana distribution when he was 19. For years, Jacobs faced rejection in the housing market or was forced to pay exorbitant security deposits because of his record. His punishment didn’t end with his sentence — it extended into every aspect of his life, including his ability to provide stable housing for his family. Ironically, had Jacobs been convicted of a violent crime, he would not be facing this same legal barrier. In 2016, the Department of Housing and Urban Development (HUD) issued guidance urging housing providers to consider criminal records in context — taking into account factors like rental, credit, and employment history. But the Thurmond Amendment creates an explicit carveout: Anyone with a drug distribution conviction is excluded from these protections. It’s a loophole that leaves people like Jacobs permanently locked out of fair housing opportunities. The law’s impact in Pennsylvania is staggering. Since 1988, over 80,000 Pennsylvanians have been convicted of drug distribution offenses — many for small amounts. In fact, the most frequently charged amount is less than 1 gram, barely more than a sugar packet. Had many of these cases occurred in today’s legal and political environment, they likely would have been charged as simple possession, and those convicted would have retained their housing rights. These aren’t major traffickers being excluded from housing; they’re mostly people punished for low-level mistakes, often made in their youth, that carry lifetime consequences. And the consequences aren’t felt equally. Black Pennsylvanians are five times more likely than white residents to receive a distribution conviction. By denying housing based on old records, the Thurmond Amendment reinforces systemic racial disparities and perpetuates cycles of poverty, incarceration, and family instability — all without contributing to public safety. Thankfully, there’s a path forward. While federal efforts to repeal the Thurmond Amendment continue, as our governor is fond of saying, “We’re getting stuff done here in Pennsylvania.” A chance to affirm that people should be judged not by their past, but by whom they are today. State Rep. Josh Siegel has introduced legislation in Harrisburg to repeal the amendment’s effect at the state level, restoring fair housing protections to those with drug distribution convictions. House Bill 1492 passed committee on Monday, Sept. 29 and is expected to come to the House floor in the coming weeks. This is an opportunity for Pennsylvania to lead. It’s a chance to affirm that people should be judged not by their past, but by whom they are today. Stable housing isn’t just a second chance; it’s the first step toward a better life. Let’s make it accessible to everyone.
