[HISTORY: Adopted by the Mayor and Town Council of the Borough of
Chambersburg 10-23-1967 by Ord. No. 67-38.
Amendments noted where applicable.]
[Amended 2-11-1976 by Ord. No. 76-16]
The opportunity for an individual to obtain facilities of housing without
discrimination because of race, color, religious creed, ancestry, use of guide
dogs because of blindness of the user, age, sex or national origin is hereby
recognized as and declared to be a civil right which shall be enforceable
as set forth in this chapter.[1]
[1]
The preamble to Ord. No. 67-38 stated that discrimination against
individuals or groups because of race, religious creed, ancestry or national
origin was a matter of concern to the borough; that such discrimination foments
domestic strife and unrest, threatens the rights and privileges of inhabitants,
and undermines the foundation of a free democratic state; that the denial
of equal housing opportunities compels many individuals to live in substandard,
unhealthful or overcrowded dwellings, resulting in racial segregation in public
schools and other community facilities, juvenile delinquency and other evils,
thereby threatening the peace, health, safety and general welfare of the borough
and its inhabitants; that the policy of the borough was to foster the right
of individuals to secure commercial housing regardless of race, color, religious
creed, ancestry or national origin; and that the ordinance was adopted under
the authority granted by the Pennsylvania Human Relations Act of 1955, as
amended (43 P.S. § 951 et seq.).
[Amended 2-11-1976 by Ord. No. 76-16]
As used in this chapter, unless a different meaning clearly appears
from the context, the following terms shall have the meanings indicated:
Housing accommodations held or offered for sale or rent by a real
estate broker, salesman or agent, or by any other person pursuant to authorization
of the owner; by the owner himself; or by legal representatives, but shall
not include any personal residence offered for rent by the owner or by his
broker, salesman, agent or employee.
When referring to housing accommodations held or offered for rent, the
term "personal residence" means a building or structure containing living
quarters occupied or intended to be occupied by no more than two individuals,
two groups or two families living independently of each other and used by
the owner thereof as a bona fide residence for himself and any members of
his family forming his household.
When referring to housing accommodations held or offered for sale, the
term "personal residence" means a building or structure containing living
quarters occupied or intended to be occupied by no more than two individuals,
two groups or two families living independently of each other and used by
the owner thereof as a bona fide residence for himself and any members of
his family forming his household.
The Borough of Chambersburg Housing Commission created by this chapter.
Includes:
Any building or structure or portion thereof which is used or occupied
or is intended, arranged or designed to be used or occupied as the home residence
or sleeping place of one or more individuals, groups or families whether or
not living independently of each other; and
Any vacant land offered for sale or lease for commercial housing.
Includes one or more individuals, partnerships, associations, organizations,
corporations, legal representatives, trustees in bankruptcy or receivers.
It also includes, but is not limited to, any owner, lessor, assignor, builder,
manager, broker, salesman, agent, employee, lending institution and the Commonwealth
of Pennsylvania, and all political subdivisions, authorities, boards and commissions
thereof.
[Amended 2-11-1976 by Ord. No. 76-16]
A.
It shall be an unlawful discriminatory practice for a
person to:
(1)
Refuse to sell, lease, or finance or otherwise to deny
or withhold commercial housing from any person because of the race, color,
religious creed, ancestry, sex or national origin of any prospective owner,
occupant or user of such commercial housing, or to refuse to lease commercial
housing to any person due to use of a guide dog because of the blindness of
the user.
(2)
Refuse to lend money, whether or not secured by mortgage
or otherwise, for the acquisition, construction, rehabilitation, repair or
maintenance of commercial housing or otherwise withhold financing of commercial
housing from any person because of the race, color, religious creed, ancestry,
sex or national origin of any present or prospective owner, occupant or user
of such commercial housing.
(3)
Discriminate against any person in the terms or conditions
of selling or leasing any commercial housing or in furnishing facilities,
services or privileges in connection with the ownership, occupancy or use
of any commercial housing because of the race, color, religious creed, ancestry,
sex or national origin of any present or prospective owner, occupant or user
of such commercial housing, or to discriminate against any person in the terms
of leasing any commercial housing or in furnishing facilities, services or
privileges in connection with the occupancy or use of any commercial housing
due to use of a guide dog because of the blindness of the user.
(4)
Discriminate against any person in the terms or conditions
of any loan of money, whether or not secured by mortgage or otherwise, for
the acquisition, construction, rehabilitation, repair or maintenance of commercial
housing because of the race, color, religious creed, ancestry, sex or national
origin of any present or prospective owner, occupant or user of such commercial
housing.
(5)
Print, publish or circulate any statement or advertisement
relating to the sale, lease or acquisition of any commercial housing or the
loan of money, whether or not secured by mortgage or otherwise, for the acquisition,
construction, rehabilitation, repair or maintenance of commercial housing
which indicates any preference, limitation, specification, or discrimination
based upon race, color, religious creed, ancestry, sex or national origin,
or to print, publish or circulate any statement or advertisement relating
to the lease of any commercial dwelling which indicates any preference, limitation,
specification or discrimination based upon use of a guide dog because of the
blindness of the user.
(6)
Make any inquiry, elicit any information, make or keep
any record or use any form of application containing questions or entries
concerning race, color, religious creed, ancestry, sex or national origin
in connection with the sale or lease of any commercial housing or loan of
any money, whether or not secured by mortgage or otherwise, for the acquisition,
construction, rehabilitation, repair or maintenance of commercial housing,
or to make any inquiry, elicit any information, make or keep any record or
use any formal application containing questions or entries concerning the
use of a guide dog because of the blindness of the user, in connection with
the lease of any commercial housing.
B.
Nothing in this section shall bar any religious or denominational
institution or organization or any charitable or educational organization
which is operated, supervised or controlled by or in connection with a religious
organization or any bona fide private or fraternal organization from giving
preference to persons of the same religion or denomination or to members of
such private or fraternal organization or from making such selection as is
calculated by such organization to promote the religious principles or the
aims, purposes or fraternal privileges for which it is established or maintained,
nor shall it apply to the rental of rooms or apartments in a landlord-occupied
rooming house with a common entrance.
A.
There shall be and there is hereby established in the
Borough of Chambersburg an administrative commission for the administration
of this chapter which shall be known as the "Borough of Chambersburg Housing
Commission" and which is hereinafter referred to as the "Commission."
B.
Said Commission shall consist of five members, to be
known as "Commissioners," who shall be appointed by the Town Council of the
Borough of Chambersburg, each of whom shall hold office for a term of five
years or until his successor shall have been duly appointed and qualified;
provided, however, that in making the first appointments to said Commission
one member shall be appointed for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four years and one
for a term of five years. Vacancies occurring in an office of a member of
the Commission by expiration of term, death, resignation, removal or for any
other reason shall be filled in the manner aforesaid for the balance of that
term. No member of the Commission shall hold office in any political party,
and all members of the Commission shall serve without salary but may be paid
expenses incurred in the performance of their duties.
C.
The Town Council of the Borough of Chambersburg shall
designate one of the members of the Commission to be its Chairman who shall
preside at all meetings of the Commission and perform all the duties and functions
of the Chairman thereof. The Commission may designate one of its members to
act as Chairman during the absence or incapacity of the Chairman, and, when
so acting, the member so designated shall have and perform all the powers
and duties of the Chairman of the Commission.
D.
Three members of the Commission shall constitute a quorum
for transacting business, but the similar votes of at least three members
of the Commission shall be required for any official action taken by the Commission.
E.
The Commission shall adopt an Official Seal by which
its acts and proceedings shall be authenticated and of which the courts shall
take judicial notice. The certificate of the Chairman of the Commission, under
the Seal of the Commission and attested by the Secretary, shall be accepted
in evidence in any judicial proceeding in any court of this commonwealth as
adequate and sufficient proof of the acts and proceedings of the Commission
therein certified to.
[Amended 2-11-1976 by Ord. No. 76-16]
The Commission shall have the following powers and duties:
A.
To establish and maintain a central office in the Borough
of Chambersburg.
B.
To meet and function at any place within the Borough
of Chambersburg.
C.
To appoint such attorneys and other employees and agents
as it may deem necessary, fix their compensation within the limitations provided
by law and within the amount appropriated by the Borough of Chambersburg from
time to time for the then current fiscal year, and prescribe their duties.
D.
To adopt, promulgate, amend and rescind rules and regulations
to effectuate the policies and provisions of this chapter.
E.
To formulate policies to effectuate the purposes of this
chapter and make recommendations to the Town Council of the Borough of Chambersburg
to effectuate such policies.
F.
To initiate, receive, investigate and pass upon complaints
charging unlawful discriminatory practices.
G.
To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, take testimony of any person under oath or affirmation and,
in connection therewith, to require the production for examination of any
books and papers relating to any matter under investigation where a complaint
has been properly filed before the Commission. The Commission may make rules
as to the issuance of subpoenas by individual Commissioners.
(1)
In case of contumacy or refusal to obey a subpoena issued
to any person, the Court of Common Pleas of Franklin County or any Court of
Common Pleas within the jurisdiction of which the hearing is to be held or
said person charged with contumacy or refusal to obey is found, resides or
transacts business, upon application by the Commission, may issue to such
person an order requiring such person to appear before the Commission, there
to produce documentary evidence, if so ordered, or there to give evidence
touching the matter in question, and any failure to obey such order of the
court may be punished by said court as a contempt thereof.
(2)
No person shall be excused from attending and testifying
or from producing records, correspondence, documents or other evidence in
obedience to the subpoena of the Commission or of any individual Commissioner
on the ground that the testimony or evidence required of him may tend to incriminate
him or subject him to a penalty or forfeiture, but no person shall be prosecuted
or subjected to any penalty or forfeiture for or on account of any transaction,
matter or thing concerning which he is compelled, after having claimed his
privilege against self-incrimination, to testify or produce evidence, except
that such person so testifying shall not be exempt from prosecution and punishment
for perjury committed in so testifying. The immunity herein provided shall
extend only to natural persons so compelled to testify.
H.
To create such local advisory agencies and conciliation
councils as will aid in effectuating the purposes of this chapter. The Commission
may itself or it may empower these agencies and councils to study the problems
of discrimination in housing when based on race, color, religious creed, ancestry,
age, sex or national origin, and foster, through community effort or otherwise,
goodwill among the groups and elements of the population of the borough. Such
agencies and councils may make recommendations to the Commission for the development
of policies and procedure in general. Advisory agencies and conciliation councils
created by the Commission shall be composed of representative citizens of
the Borough of Chambersburg, serving without pay.
I.
To issue such publications and such results of investigations
and research as, in its judgment, will tend to promote goodwill and minimize
or eliminate discrimination because of race, color, religious creed, ancestry,
use of guide dogs because of blindness of the user, age, sex or national origin.
J.
From time to time but not less than once a year, to report
to the Town Council describing in detail the investigations, proceedings and
hearings and their outcome, the decisions rendered and the other work performed
by it, and to make recommendations for such further legislation concerning
abuses and discrimination because of race, color, religious creed, ancestry,
use of guide dogs because of blindness of the user, age, sex or national origin
as may be desirable.
A.
Any individual claiming to be aggrieved by an alleged
unlawful discriminatory practice may make, sign and file with the Commission
a verified complaint, in writing, which shall state the name and address of
the person alleged to have committed the unlawful discriminatory practice
complained of and which shall set forth the particulars thereof and contain
such other information as may be required by the Commission. The Commission
upon its own initiative may, in like manner, make, sign and file such complaint.
B.
After the filing of any complaint, or whenever there
is reason to believe that an unlawful discriminatory practice has been committed,
the Commission shall make a prompt investigation in connection therewith.
C.
If it shall be determined after such investigation that
no probable cause exists for crediting the allegations of the complaint, the
Commission shall, within 10 days from such determination, cause to be issued
and served upon the complainant written notice of such determination, and
said complainant or his attorney may, within 10 days after such service, file
with the Commission a written request for a preliminary hearing before the
Commission to determine probable cause for crediting the allegations of the
complaint. If it shall be determined after such investigation that probable
cause exists for crediting the allegations of the complaint, the Commission
shall immediately endeavor to eliminate the unlawful discriminatory practice
complained of by conference, conciliation and persuasion. The members of the
Commission and its staff shall not disclose what has transpired in the course
of such endeavors, provided that the Commission may publish the facts in the
case of any complaint which has been dismissed, and the terms of conciliation
when the complaint has been adjusted, without disclosing the identity of the
parties involved.
D.
In case of failure so to eliminate such practice or in
advance thereof, if in the judgment of the Commission circumstances so warrant,
the Commission shall cause to be issued and served a written notice, together
with a copy of such complaint as the same may have been amended, requiring
the person named in such complaint, hereinafter referred to as "respondent,"
to answer the charges of such complaint at a hearing before the Commission
at a time and place to be specified in such notice. The place of any such
hearing shall be in the Borough of Chambersburg.
E.
The case in support of the complaint shall be presented
before the Commission by one of its attorneys or agents. The respondent may
file a written, verified answer to the complaint and appear at such hearing
in person or otherwise, with or without counsel, and submit testimony. The
complainant may likewise appear at such hearing in person or otherwise, with
or without counsel, and submit testimony. The Commission or the complainant
shall have the power reasonably and fairly to amend any complaint, and the
respondent shall have like power to amend his answer. The Commission shall
not be bound by the strict rules of evidence prevailing in courts of law or
equity. The testimony taken at the hearing shall be under oath and be transcribed.
F.
If, upon all the evidence at the hearing, the Commission
shall find that a respondent has engaged in or is engaging in any unlawful
discriminatory practice as defined in this chapter, the Commission shall state
its findings of fact and shall issue and cause to be served on such respondent
an order requiring such respondent to cease and desist from such unlawful
discriminatory practice and to take such affirmative action including but
not limited to selling or leasing specified commercial housing upon such equal
terms and conditions and with such equal facilities, services and privileges
or lending money, whether or not secured by mortgage or otherwise, for the
acquisition, construction, rehabilitation, repair or maintenance of commercial
housing, upon such equal terms and conditions to any person discriminated
against or all persons as, in the judgment of the Commission, will effectuate
the purposes of this chapter and including a requirement for report of the
manner of compliance. If, upon all the evidence, the Commission shall find
that a respondent has not engaged in any such unlawful discriminatory practice,
the Commission shall state its findings of fact and shall issue and cause
to be served on the complainant an order dismissing said complaint as to such
respondent.
G.
The Commission shall establish rules or practice to govern,
expedite and effectuate the foregoing procedure and its own actions thereunder.
Three or more members of the Commission shall constitute the Commission for
any hearing required to be held by the Commission under this chapter. Any
complaint filed pursuant to this section must be so filed within 90 days after
the alleged act of discrimination. Any complaint may be withdrawn at any time
by the party filing the complaint.
A.
The complainant or the Commission may secure enforcement
of the order of the Commission or other appropriate relief by the Court of
Common Pleas of Franklin County. When the Commission has heard and decided
any complaint brought before it, enforcement of its order shall be initiated
by the filing of a petition in such Court, together with a transcript of the
record of the hearing before the Commission, and issuance and service of a
copy of said petition as in proceedings in equity. When enforcement of a Commission
order is sought, the Court may make and enter, upon the pleadings, testimony
and proceedings set forth in such transcript, an order or decree enforcing,
modifying and enforcing as so modified, or setting aside, in whole or in part,
the order of the Commission, and the jurisdiction of the Court shall not be
limited by acts pertaining to equity jurisdiction of the courts. An appeal
may be taken as in other civil actions.
B.
Any failure to obey an order of the Court may be punished
by said Court as a contempt thereof.
C.
The Commission's copy of the testimony shall be
available at all reasonable times to all parties for examination without cost
and for the purpose of enforcement or judicial review of the order. The case
shall be heard without requirement of printing.
When it appears that a housing unit or units involved in a complaint
may be sold, rented or otherwise disposed of before a determination of the
case has been made, and the Commission shows probable cause for the complaint,
the Court of Common Pleas of Franklin County may issue an injunction restraining
the sale, rental or other disposition of the unit or units, except in compliance
with the order of court. The Court may attach to any such injunction granted
such other conditions as it deems proper. Such injunction, if issued, shall
be of no more than 30 days' duration. If an extension of time is required
by the Commission, this extension may be granted at the discretion of the
Court and subject to such provision for bond as the Court may deem necessary.
[Amended 2-11-1976 by Ord. No. 76-16]
Any person who shall willfully resist, prevent, impede or interfere
with the Commission, its members, agents or agencies in the performance of
duties pursuant to this chapter or shall willfully violate an order of the
Commission shall be guilty of a violation of this chapter and, upon conviction
thereof, shall be sentenced to pay a fine of not more than $300 and costs
of prosecution and, in default of payment of such fine and costs, to imprisonment
for not more than 30 days, provided that procedure for the review of an order
shall not be deemed to be such willful conduct.
