[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.
[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:
COMMERCIAL HOUSING
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.
A.
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.
B.
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.
COMMISSION
The Borough of Chambersburg Housing Commission created by this chapter.
HOUSING ACCOMMODATIONS
Includes:
A.
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
B.
Any vacant land offered for sale or lease for commercial housing.
PERSON
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.
[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.
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.