[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).
A.
In addition to the entry of an order under the provisions of § 4-107.7B, any person who willfully violates any provision of this code relating to unlawful practices, or any rule or regulation duly adopted by the Commission relating thereto, or who fails to comply with any order of the Commission, shall be punished as provided in this chapter.
B.
The power of the Commission to award damages in cases of discriminatory
housing practices shall derive from state law and/or City ordinance.
To the extent that the Commission is authorized to act pursuant to
law, the Commission may assess a civil penalty including but not limited
to:
[Amended 12-11-2007 by Ord. No. 31-2007]
(1)
Fine in an amount not to exceed $11,000 if the respondent has
not been adjudged to have committed any prior discriminatory practices.
(2)
Fine in an amount not to exceed $32,500 if the respondent has
been adjudged to have committed one other discriminatory practice
during the five-year period prior to the date of the order.
(3)
Fine in an amount not to exceed $60,000 if the respondent has
been adjudged to have committed more than one discriminatory practice
during the seven-year period prior to the date of the order.
C.
In any proceeding brought under this code, the Commission or the
court may grant reasonable attorney fees and costs to the prevailing
party, provided that no such award of attorney fees or costs shall,
in the opinion of the Commission or the court, constitute an excessive
burden or discourage the filing of complaints under this code. Any
complainant who has prevailed before the Commission shall be deemed
a prevailing party for purposes of this subsection. The Commission's
decisions regarding the assessment of attorney fees and costs shall
not be disturbed unless there is a demonstrable abuse of the Commission's
discretion.
D.
The Commission shall also have the authority to grant injunctive
relief, including any such relief as it deems necessary to preserve
its jurisdiction and authority pending appeal.
E.
Any person who willfully violates any provision of this code relating
to unlawful practices, or any rule or regulation duly adopted by the
Commission relating thereto, or fails to comply with any order of
the Commission, shall, upon conviction thereof before any magisterial
district judge having jurisdiction of such offense, pay a fine of
not more than $1,000 and, in default of payment of any such fine and
costs, shall be imprisoned in the Dauphin County jail for a period
not exceeding 90 days.
