City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 17-1992. Amendments noted where applicable.]
CROSS-REFERENCES
Pennsylvania Human Relations Act: Act of Oct. 27, 1955, P.L. 744, as amended (43 P.S. § 951 et seq.).
Rental housing discrimination: see 35 P.S. § 1680.402a.
Service uniform discrimination: see Crimes Code (18 Pa.C.S.A. § 7323).

§ 4-105.1 Unlawful employment practice.

The following shall be unlawful employment practices, except where based upon a bona fide occupational qualification or applicable security regulations established by the United States of America, the Commonwealth of Pennsylvania or the City:
A. 
For any employer to refuse to hire any person or otherwise to discriminate against any person with respect to hiring, tenure, compensation, promotion, or discharge or any terms, conditions or privileges directly or indirectly related to employment because of race, color, religion, ancestry, national origin, place of birth, sex, age, non-job-related handicap or disability, familial status, marital status, GED or sexual preference/orientation;
B. 
For any employer, labor organization, employment agency, or joint labor-management committee controlling apprentice training programs to deny to or withhold from any person the right to be admitted to or participate in a guidance program, an apprenticeship training program, an on-the-job training program, or any other occupational training program because of race, color, religion, ancestry, national origin, place of birth, sex, age, non-job-related handicap or disability, marital status, familial status, GED, or sexual preference/orientation;
C. 
For any employer, employment agency or labor organization to require any applicant for employment or membership to provide any information concerning race, color, religion, ancestry, national origin, place of birth, sex, age, non-job-related handicap or disability, marital status, familial status, GED, or sexual preference/orientation, except that the Commission may order the maintenance of such records as may be relevant to the determination of whether unlawful employment practices have been or are being committed. To determine whether a present handicap or disability substantially interferes with the ability to perform the essential functions of the employment for which application has been made, is being engaged in, or has been engaged in, the employer must inquire beyond the mere existence of a handicap or disability;
D. 
For any employer, employment agency or labor organization to publish or circulate, or to cause to be published or circulated, any notice or advertisement relating to employment or membership which indicates any discrimination because of race, color, religion, ancestry, national origin, place of birth, sex, age, non-job-related handicap or disability, marital status, GED, or sexual preference/orientation;
E. 
For any employment agency to fail or refuse to classify properly or refer for employment or otherwise to discriminate against any person because of race, color, religion, ancestry, national origin, place of birth, sex, age, non-job-related handicap or disability, marital status, familial status, GED, or sexual preference/orientation;
F. 
For any employer substantially to confine or limit recruitment or hiring of employees to any employment agency, employment service, labor organization, training school, training center, or other employee-referring source which serves persons who are predominately of the same race, color, religion, ancestry, national origin, place of birth, sex, age, non-job-related handicap or disability, marital status, familial status, GED, or sexual preference/orientation;
G. 
For any labor organization to discriminate against any person in any way which would deprive or limit employment opportunities or otherwise adversely affect status as an applicant for employment or as an employee with regard to tenure, compensation, promotion, discharge, or any other terms, conditions or privileges directly or indirectly related to employment because of race, color, religion, ancestry, national origin, place of birth, sex, age, non-job-related handicap or disability, marital status, familial status, GED, or sexual preference/orientation;
H. 
For any employer, employment agency or labor organization to penalize or discriminate or in any way retaliate against any person because he or she has opposed any practice forbidden by this code or because he or she has made a complaint or testified or assisted in any manner in any investigation or proceeding under this code;
I. 
For any person, whether or not an employer, employment agency or labor organization, to aid, incite, compel, coerce, or participate in the doing of any act declared to be an unlawful employment practice by this section, or to obstruct or prevent any person from enforcing or complying with the provisions of this code or any rule, regulation or order of the Commission, or attempt, directly or indirectly, to commit any act declared by this section to be an unlawful employment practice, or to penalize, discriminate, or otherwise retaliate against any person for complying with the orders of the Commission or in any way participating with the Commission in the enforcement of this code;
J. 
For any employer to fail to take reasonable measures to assure a working atmosphere free of bias with regard to an employee's race, color, sex, age, non-job-related handicap or disability, GED, religion, ancestry, national origin, marital status, familial status, or sexual preference/orientation; or
K. 
For any employer, employment agency or labor organization, prior to the employment or admission to membership, to deny employment because of prior handicap or disability.

§ 4-105.2 Unlawful housing and commercial property practices.

A. 
The following shall be an unlawful housing or commercial property practice, except as otherwise provided in this section:
(1) 
For any owner, real estate broker or any other person to refuse to sell, lease, sublease, rent, assign, or otherwise transfer or to refuse to negotiate for the sale, lease, sublease, rental, assignment, or other transfer of the title, leasehold or other interest in any housing accommodation or commercial property to any person, or to represent that any housing accommodation or commercial property is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer when in fact it is so available, or otherwise to deny or withhold or make unavailable any housing accommodation or commercial property from any person because of race, color, religion, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, GED, familial status, or sexual preference/orientation, or to discriminate against, segregate or assign quotas to any such person or group of persons in connection with the sale, lease, sublease, rental, assignment or other transfer of title, leasehold, or other interest in any housing accommodation or housing accommodations or commercial property or to require, utilize or compel or entice another to require or utilize restrictive covenants or zoning provisions which discriminate or are intended to discriminate against any individuals because of race, color, religion, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, familial status, GED, or sexual preference/orientation;
(2) 
For any person or individual, including any owner or real estate broker or any other person dealing in real estate transactions, to include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment, or other transfer of any housing accommodation or commercial property any clause, condition, restriction or other restrictive covenant or zoning provision discriminating against or requiring any other person to discriminate against any person in the use or occupancy of such housing accommodations or commercial property because of race, color, age, national origin, sex, religion, ancestry, marital status, familial status, GED, sexual preference/orientation, or handicap or disability or the use of guide or support animals;
(3) 
For any person, including any owner or real estate broker or any other person dealing in real estate transactions, to discriminate in the furnishing of any facilities or services for any housing accommodation or commercial property or in connection therewith or to discriminate in the brokering, appraising, assignment or other transfer of any real property, housing accommodation, or commercial property, whether or not secured by mortgage, because of race, color, religion, ancestry, national origin, place of birth, sex, age, marital status, familial status, sexual preference/orientation, handicap or disability or use of a guide or support animal, or possession of a GED certificate;
[Amended 12-11-2007 by Ord. No. 31-2007]
(4) 
For any person, including any owner or real estate broker, to make, print, publish, circulate, issue, or display, or cause to be made, printed, published, circulated, issued, or displayed, any communication, notice, advertisement, or sign, or to make any oral statements of any kind, relating to the sale, rental, lease, sublease, assignment, transfer, or listing of any housing accommodation or accommodations or commercial property which state or otherwise indicate or imply any preference, limitation, specification, or discrimination based on race, color, religion, ancestry, national origin, age, handicap or disability, marital status, familial status, GED, or sexual preference/orientation;
(5) 
For any person, including any bank, banking organization, mortgage company, insurance company, or other financial or lending institution, or any agent or employee thereof, or anyone else dealing in real estate transactions to whom application is made for a loan, credit or other financial assistance for the purchase, lease, acquisition, construction, rehabilitation, improvement, repair, maintenance, assignment or other transfer of any housing accommodation or commercial property, whether or not secured by mortgage:
[Amended 12-11-2007 by Ord. No. 31-2007]
(a) 
To discriminate against any person or group of persons because of race, color, religion, ancestry, national origin, place of birth, sex, age, marital status, familial status, sexual preference/orientation, handicap or disability or use of a guide or support animal, or possession of a GED certificate of such persons or group of persons or of the prospective occupants or tenants of such housing accommodation or commercial property in granting, withholding, extending, modifying or renewing of, or in the rates, terms, conditions or privileges of, any such financial assistance or the extension of services in connection therewith; or
(b) 
To use any form of application for such financial assistance or make any record or inquiry in connection with application for such financial assistance which indicates, directly or indirectly, any limitation, specification or discrimination because of race, color, religion, ancestry, national origin, place of birth, sex, age, marital status, familial status, sexual preference/orientation, handicap or disability or use of a guide or support animal, or possession of a GED certificate, except that nothing in this section prevents the maintaining of records as permitted or required by reasonable federal and state law and this chapter;
(6) 
For any real estate broker or real estate salesperson or agent or any other person dealing in real estate transactions to induce or attempt to induce a person, for commercial profit, to sell or rent a dwelling by representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status, national origin, handicap, or sexual preference/orientation. To establish a discriminatory housing practice under this subsection it is not necessary that there was in fact a profit as long as profit was intended when engaging in the blockbusting activity;
[Amended 12-11-2007 by Ord. No. 31-2007]
(7) 
For any person, whether or not a real estate broker, real estate salesperson or agent, owner, or lending institution, to aid, incite, compel, coerce, or participate in the doing of any act declared to be an unlawful housing or commercial property practice under this section or to obstruct or prevent enforcement or compliance with the provisions of this code or any rule, regulation or order of the Commission, or attempt, directly or indirectly, to commit any act declared by this section to be an unlawful housing or commercial property practice or to coerce, intimidate, threaten, interfere with, or otherwise retaliate against any person for exercising or enjoying the rights provided by this code or any other applicable federal or state law or for his or her having aided or encouraged any other person to exercise rights under law or for having assisted the Commission in any way in the enforcement of this code;
(8) 
For any person to make, print, publish, or cause to be made, printed or published any notice, statement or advertisement, or to make any oral statements, with respect to the sale, rental or other transfer or negotiation of a housing accommodation or commercial property that states, implies or indicates any preference, limitation, restriction, or discrimination based on race, color, religion, age, sex, handicap or disability or the use of guide or support animals, marital status, familial status, GED, sexual preference/orientation, or national origin, or an intention to make any such preference, limitation, or discrimination; or
(9) 
For any person to deny, restrict or otherwise limit any other person access to or membership in or participation in any multiple-listing service, real estate brokers' organization or other service or organization or facility relating to the business of selling, renting, negotiating for the sale or rental or otherwise transferring or negotiating for the transfer of any housing accommodation or commercial property, or to discriminate against such other person in the terms or conditions of such access, membership, or participation, on account of race, color, religion, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, familial status, GED, or sexual preference/orientation.
B. 
Nothing in this section shall limit the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of persons permitted to occupy a dwelling.
[Amended 12-11-2007 by Ord. No. 31-2007]
C. 
Nothing in this section regarding familial status shall apply with respect to housing for older persons:
[Amended 12-11-2007 by Ord. No. 31-2007]
(1) 
Provided under any local, state or federal program that the Secretary of the United States Department of Housing and Urban Development, or in the event such determination is not within the jurisdiction of the Secretary, then by the appropriate local or state agency, has determined is specifically designed and operated to assist elderly persons (as defined in the local, state or federal program);
(2) 
Intended for, and solely occupied by, persons 62 years of age or older; or
(3) 
Intended and operated for occupancy by at least one person 55 years of age or older per unit.
D. 
In determining whether housing qualifies as housing for older persons under this section, the following factors shall be considered:
(1) 
The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons or, if the provision of such facilities and services is not practicable, a finding that such housing is necessary to provide important housing opportunities for older persons;
(2) 
At least 80% of the units are occupied by at least one person 55 years of age and older per unit; and
(3) 
The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
E. 
Nothing in this section shall prohibit a religious organization, association or society or any nonprofit institution, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin, nor shall anything in this section prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings, which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
[Amended 12-11-2007 by Ord. No. 31-2007]
F. 
Nothing in this section shall bar any person from owning and operating a housing accommodation in which a room or rooms are leased, subleased or rented only to persons of the same sex, when such housing accommodation contains common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation.
G. 
Nothing in this section shall apply to any single-family house sold or rented by a private individual owner; provided, however, that such owner does not own more than three such single-family houses at any one time; provided, further, that, in the case of the sale of any such single-family house by an owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exception granted herein shall apply only with respect to one such sale within any twenty-four-month period; provided, further, that such owner does not own any interest in, nor is there owned or reserved on his or her behalf under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family dwellings at any one time; provided, further, that the sale or rental of any such single-family dwelling shall be exempted from the application of this section only if such house is sold or rented:
[Amended 12-11-2007 by Ord. No. 31-2007]
(1) 
Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of such broker, agent, salesperson, or other person; and
(2) 
Without the publication, posting or mailing of any advertisement or written notice in violation of Subsection A(8) of this section, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect transfer of title.
H. 
Discrimination in housing and commercial property practices with respect to handicap or disability shall also include:
(1) 
A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or intended to be occupied by the handicapped person if the modifications are necessary to afford the handicapped person full use and enjoyment of the premises. In the case of rental property, the landlord may, where it is reasonable to do so, condition permission to modify on the renter's agreement to restore the premises to the condition that existed before the modification, reasonable wear and tear excepted.
(2) 
A refusal to make reasonable accommodations in the rules, policies, practices, or services when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy the housing accommodation or commercial property.
(3) 
In connection with the design or construction of a multifamily dwelling for first occupancy after the enactment of this code:
(a) 
The failure to design and construct in such a manner that the premises has at least one building entrance on an accessible route, unless it is impracticable to do so because of the terrain or unusual characteristics of the site.
(b) 
The failure to have public and common use portions which are accessible to and usable by the handicapped person.
(c) 
The failure to have doors which allow passage into and within the premises that are sufficiently wide to allow passage by handicapped persons in wheelchairs.
(d) 
The failure to have accessible routes in and through the premises and light switches, electrical outlets, thermostats, and other environmental controls that are in accessible locations and have reinforcements in the bathroom walls to allow the later installation of grab bars and have usable kitchen and bathrooms such that an individual in a wheelchair can maneuver about the space. Compliance with the American National Standard for Buildings and Facilities (ANSI A117.1-1986) will satisfy this requirement.
(e) 
Nothing in this section will be considered to take precedence over the law as set forth in City ordinances governing building and development.
I. 
Nothing in this section shall apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than two families living independently of each other if the owner actually maintains and occupies one of such living quarters as such owner's residence.

§ 4-105.3 Unlawful public accommodations practice.

It shall be an unlawful public accommodation practice:
A. 
For the owner, lessee, proprietor, manager, superintendent, agent, or employee for or of any place of public accommodation to:
(1) 
Refuse, withhold from or deny to any person because of race, color, religion, ancestry, national origin, place of birth, sex, handicap or disability or the use of guide or support animals, sexual preference/orientation, age, familial status, GED, or marital status, either directly or indirectly, any of the accommodations, advantages, facilities, services, or privileges, products or goods of such public accommodation; or
(2) 
Publish, circulate, issue, display, post, or mail, either directly or indirectly, any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities, goods, products, services, or privileges of any such place shall be refused, withheld or denied to any person on account of race, color, religion, ancestry, national origin, place of birth, sex, handicap or disability or the use of guide or support animals, sexual preference/orientation, age, GED, familial status, or marital status or that the patronage of any person of any particular race is unwelcome or objectionable or not accepted, desired or solicited;
B. 
For any person, whether or not included in Subsection A hereof, to aid, incite, compel, coerce, or participate in the doing of any act declared to be an unlawful public accommodations practice under this section.

§ 4-105.4 Unlawful educational practice.

A. 
It shall be an unlawful educational practice for any educational institution, except a religious or denominational educational institution, to:
(1) 
Exclude or limit or otherwise discriminate because of race, religion, color, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, familial status, GED, or sexual preference/orientation against any persons seeking admission as students to such institutions; provided, however, it shall not be an unlawful educational practice for any educational institution to use criteria other than race, religion, color, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, GED, or sexual preference/orientation in the admission of students;
(2) 
Make any written or oral inquiry prior to admission concerning or designed to elicit information as to the race, religion, color, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, familial status, GED, or sexual preference/orientation of a student seeking admission to such institution, provided that nothing in this section shall prevent the maintenance of records as required by reasonable state and federal laws;
(3) 
Expel, suspend, punish, deny facilities to, or otherwise discriminate against any student because of race, religion, color, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, familial status, GED, or sexual preference/orientation;
(4) 
Penalize, discriminate against or otherwise retaliate against any individual because he or she initiated, testified, participated or assisted in any proceedings under this code; or
(5) 
Fail to preserve for a period of three years any records, documents and data dealing with or pertaining to the admission, rejection, expulsion, or suspension of students or to refuse to make such records, documents and data available at all reasonable times for the inspection of the Commission upon request.
B. 
It shall be an unlawful educational practice for any religious or denominational educational institution which receives any state or federal funds to:
(1) 
Exclude or limit or otherwise discriminate because of race, color, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, familial status, GED, or sexual preference/orientation against any persons seeking admission as students to such institutions; provided, however, that it shall not be an unlawful educational practice for any religious educational institution to use criteria other than race, religion, color, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, GED, or sexual preference/orientation in the admission of students;
(2) 
Make any written or oral inquiry prior to admission concerning or designed to elicit information as to the race, color, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, familial status, GED, or sexual preference/orientation of a student seeking admission to such institution;
(3) 
Expel, suspend, punish, deny facilities to, or otherwise discriminate against any student because of race, color, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, familial status, GED, or sexual preference/orientation; or
(4) 
Penalize, discriminate or otherwise retaliate against any individual because he or she initiated, testified, participated or assisted in any proceedings under this code.
C. 
It shall be an unlawful educational practice for any person to aid, abet, incite, compel, or coerce the doing of any act that is declared by this section to be an unlawful educational practice, or to obstruct or prevent any person from complying with the provisions of this code or any order issued hereunder, or to attempt, directly or indirectly, to commit any act declared by this section to be an unlawful educational practice.
D. 
Nothing in this section shall be deemed to affect in any way the right of bona fide religious groups, sects, or denominational educational institutions to select their students exclusively or primarily from members of such sects, religions or denominations or from giving preference in such selection to such members.
E. 
Nothing in this section shall prohibit any educational institution from accepting and administering any inter vivos or testamentary gift upon such terms and conditions as may be prescribed by the donor to the extent that the acceptance and administration thereof do not violate the Constitution or laws of the United States of America or the Commonwealth of Pennsylvania.

§ 4-105.5 Unlawful lending practices.

[Amended 12-11-2007 by Ord. No. 31-2007]
It shall be an unlawful lending practice for a lending institution to:
A. 
Deny, withhold, limit or otherwise discriminate against any person or group of persons because of race, color, religion, ancestry, national origin, place of birth, sex, age, marital status, familial status, sexual preference/orientation, handicap or disability or use of a guide or support animal, or possession of a GED certificate in lending money or extending credit;
B. 
Establish unequal terms or conditions in the contract for loans and mortgages or insurance, or other extensions of credit, because of race, color, religion, ancestry, national origin, place of birth, sex, age, marital status, familial status, sexual preference/orientation, handicap or disability or use of a guide or support animal, or possession of a GED certificate; or
C. 
Deny, withhold, limit or otherwise not make available a loan or other financing, whether or not secured by mortgage, for the acquisition, construction, improving, repairing or maintaining of any housing accommodation or commercial property, because of race, color, religion, ancestry, national origin, place of birth, sex, age, handicap or disability or the use of guide or support animals, marital status, familial status, GED, or sexual preference/orientation.

§ 4-105.6 City contracts.

[Amended 7-19-2000 by Ord. No. 19-2000]
A. 
All contracts entered into by the City and its purchasing and contracting agencies shall obligate the contractor to comply with this code relating to fair employment practices and any state or federal law or laws or regulations relating to unlawful employment practices in connection with any work to be performed thereunder and shall require the contractor to include a similar provision in all subcontracts. Nothing herein shall be deemed to prevent lawful/remedial affirmative actions or contracting set-asides mandated by local, federal or state law.
B. 
Within 90 days of the effective date of this section, the Harrisburg Human Relations Commission shall promulgate rules and regulations for all City contracts over $100,000. To the extent that this section conflicts with § 2-901.3, the provisions of this section shall govern.
C. 
Prior to implementation, all rules and regulations written and/or put forth by the Human Relations Commission with respect to this specific legislation shall be reviewed and approved by vote of the Harrisburg City Council.

§ 4-105.7 Encouragement of unlawful practices; obstruction of Commission orders; retaliation.

It shall be unlawful for any person, whether or not within the named classifications set forth in this code, to aid, incite, compel, coerce, or participate in the doing of any act declared to be an unlawful practice under this code or to obstruct or prevent enforcement of compliance with the provisions of this code or any rule, regulation or order of the Commission, or to attempt, directly or indirectly, the commission of any act declared by this code to be an unlawful practice, or for any person to aid, incite, compel, coerce, require, or in any way participate in any acts of intimidation, threats, or interference, or to direct other retaliation against any person because such person has sought to or is seeking to comply or attempting to comply with this code, or because such person has sought or is seeking to enforce the rights granted under this code, or because any person aided, attempted to aid, or is currently aiding or attempting to aid another in seeking enforcement of the rights granted under this code.