[HISTORY: Adopted by the Borough Council
of the Borough of Old Forge as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-18-1983 by Ord. No. 6-1983 (Ch.
96, Art. I, of the 1994 Code)]
For the purpose of this article, the following
definitions shall apply:
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 sale or rent
by the owner or by his broker, salesman, agent or employee.
Includes any building or structure or portion thereto 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.
Segregation and any difference in treatment solely because
of race, color, religious creed, ancestry, national origin, sex, marital
status, political affiliation, age, physical disability and/or sexual
orientation by the owner, lessee, proprietor, manager, superintendent,
agent or employee of any place of public accommodation, resort or
amusement or by any other person in the matters and conduct hereinafter
prohibited.[1]
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 all political subdivisions, authorities, boards and
commissions.
The opportunity for an individual to obtain
commercial housing without discrimination is hereby recognized as
and declared to be a civil right, which shall be enforceable as set
forth in this article.
It shall be unlawful discriminatory practice
for a person to:
A.
Refuse to sell, lease, finance or otherwise to deny
or withhold commercial housing from any prospective owner, occupant
or user of such commercial housing.
B.
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 present or prospective owner, occupant
or user of such commercial housing.
C.
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.
D.
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.
E.
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
or commercial housing which indicated any preference, limitation,
specification or discrimination.
F.
Make any inquiry, elicit any information, make or
keep any record or use any form of application containing questions
or entries concerning any discrimination 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.
A.
Any individual claiming to be aggrieved by an alleged unlawful discriminatory housing practice as set forth in § 194-3 shall make, sign and file to the Council a verified complaint, in writing, which shall state the name and address of the person alleged to have committed the unlawful discriminatory housing practice complained of and which shall set forth the particulars thereof and contain other information as may be required by the Old Forge Borough Council.
B.
After the filing of a written complaint, the Council
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 Council shall, within 10 days, provide written notice
of such to the complainant.
D.
If it shall be determined after such investigation
that probable cause exists for crediting the allegations of the complaint,
the Council shall act promptly to endeavor to eliminate the unlawful
discriminatory practice complained of by conference, conciliation
and persuasion.
E.
In the case of failure to eliminate such practice,
the Council shall issue and serve written notice, together with a
copy of such complaint, requiring the person, hereinafter referred
to as the "respondent," to answer the charges of such complaint at
a hearing before the Council at a time and place to be specified in
such notice.
F.
At such hearing, the complainant and the respondent
shall appear before the Council to submit testimony. The Council 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.
G.
If, upon all the evidence presented at the hearing,
the Council shall find that the respondent has engaged in any unlawful
discriminatory housing practice, the Council shall so state in 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 affirmative action to correct
such practice, including but not limited to providing a direct means
of alleviating the complaint.
H.
If, upon all the evidence presented at the hearing,
the Council shall find that the respondent has not engaged in any
such unlawful discriminatory housing practice, the Council shall so
state in its findings of fact and shall issue and cause to be served
on the complainant an order dismissing the complaint as to such respondent.
[Amended 5-31-1994]
If any person refuses or fails to comply with any cease and desist order issued by the Council for a period of 10 days from the service of such order, by registered mail or personally, the Council shall certify the case and the entire record of its proceedings to the Borough Solicitor, who shall invoke the aid of an appropriate court to impose the penalties provided in § 194-6 and by appropriate action secure enforcement of the order.
[Amended 5-31-1994]
Any person who shall willfully violate any of
the provisions of this article or any of the rules and regulations
thereunder or who shall fail, refuse or neglect to comply with any
decision or order of the Council shall, upon summary conviction thereof,
in a summary proceeding before a Magisterial District Judge, be sentenced
to pay a fine of not more than $600. In default of the payment of
such fines and costs, such person shall be imprisoned for a period
not exceeding 30 days. Each and every day upon which any person violates
or continues to violate the provisions of this article shall constitute
a separate offense.
