In order to assure that all persons regardless of race, color,
religion, national origin, ancestry or place of birth, sex, gender
identity or expression, sexual orientation, disability, marital status,
familial status, age or use of a guide or support animal because of
blindness, deafness or physical disability enjoy the full benefits
of citizenship and are afforded equal opportunities for employment,
housing and use of public accommodation facilities, it is necessary
that appropriate legislation be enacted.
The following words, terms and phrases, when used in this article,
shall be defined as follows, unless the context clearly indicates
otherwise:
ACCESSIBLE
Being in compliance with the applicable standards set forth
in the following:
A.
The Fair Housing Act (Public Law 90-284 as amended, 42 U.S.C.
§ 3601 et seq.).
B.
The Americans with Disabilities Act of 1990 (Public Law 101-336,
42 U.S.C. § 12101, et seq.).
AGE
Includes any person 40 years of age or older and shall also
include any other person so protected by further amendment to the
Federal Age Discrimination in Employment Act.
COMMERCIAL PROPERTY
A.
Any building, structure or facility, or portion thereof, which
is used, occupied or is intended, arranged or designed to be used
or occupied for the purpose of operating a business, an office, a
manufactory or any public accommodation; and
B.
Any vacant land offered for sale, lease or held for the purpose
of constructing or locating thereon any such building, structure,
facility, business concern or public accommodation.
COMMISSION
The Human Relations Commission of the County of Allegheny.
DISABILITY or HANDICAP (herein referred to as "disability")
A.
With respect to a person means:
(1)
Physical or mental impairment which substantially limits one
or more of such person's major life activities;
(2)
Record of such an impairment; or
(3)
Regarded as having such an impairment, but such term does not
include current, illegal use of or addiction to a controlled substance,
as defined in Section 102 of the Controlled Substances Act (Public
Law 91-513, 21 U.S.C. § 802).
B.
For employment, "disability" means a non-job-related disability
which does not substantially interfere with the ability to perform
the essential functions of the employment which a person with a disability
applies for, is engaged in or has been engaged in. Uninsurability
or increased cost of insurance under a group or employee insurance
plan does not render a disability job-related.
DISCRIMINATION
Any exclusion, denial, intimidation, coercion, difference
or segregation in treatment as defined under the terms of this article,
and shall include but not be limited to such treatment in hiring,
referring for hire, promoting, training; in membership in employee
or labor organizations; in the advertisement, sale, lease, rental,
financing or zoning of housing; or in rendering service in places
of public accommodation because of protected class based upon race,
color, religion, national origin or ancestry, sex, gender identity
or expression, sexual orientation, disability, marital status, familial
status, age or use of a guide or support animal because of blindness,
deafness or physical disability of any individual or independent contractor
or because of the disability of an individual with whom the person
is known to have an association.
EMPLOYEE
Does not include:
A.
Any individuals who, as a part of their employment, reside in
the personal residence of the employer; or
B.
Any individual employed by said individual's parents, spouse
or child;
C.
Those employed by religious, fraternal, charitable or sectarian
corporations or associations in the direct provision of services of
the organization wherein membership is a bona fide occupational qualification,
except such corporations or associations supported, in whole or in
part, by County appropriations.
EMPLOYER
Any person who employs four or more employees, exclusive
of the parents, spouse or children of such person, including the County
of Allegheny, its departments, boards, commissions and authorities,
any other governmental agency within its jurisdiction, but excluding
any religious, fraternal, charitable or sectarian organization.
EMPLOYMENT AGENCY
Includes any person regularly undertaking, with or without
compensation, to procure opportunities to work or to procure, recruit,
refer or place employees.
FAMILIAL STATUS
One or more individuals who have not attained the age of
18 years being domiciled with: (1) a parent or other person having
legal custody of such individual or individuals; or (2) the designee
of such parent or other person having such custody, with the written
permission of such parent or other person. The protections afforded
against discrimination on the basis of familial status shall apply
to any person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of 18 years.
GENDER IDENTITY OR EXPRESSION
Self-perception, or perception by others whether accurate
or not, as male or female, including a person's appearance, behavior,
or physical characteristics, that may be in accord with, or opposed
to, one's physical anatomy, chromosomal sex, or sex assigned
at birth.
HOUSING ACCOMMODATIONS
Include: (1) any building, structure, mobile home site or
facility, 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 (2) any vacant land
offered for sale, lease or held for the purpose of constructing or
locating thereon any such building, structure, mobile home site or
facility. The term "housing accommodation" shall not include any personal
residence offered for rent by the owner thereof.
HOUSING FOR OLDER PERSONS
A.
Housing:
(1)
Provided under any state or federal program that the Secretary
of Housing and Urban Development determines is specifically designed
and operated to assist elderly persons as defined in the state or
federal program; or
(2)
That is intended for, and solely occupied by, persons 62 years
of age or older; or
(3)
That is intended and operated for occupancy by at least one
person 55 years of age or older per unit.
B.
In determining whether housing qualifies as housing for older
persons under the terms of this article, the Commission's requirements
shall include but not be limited to the following:
(1)
That at least 80% of the units are occupied by at least one
person 55 years of age or older per unit; and
(2)
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.
C.
Housing shall not fail to meet the requirements for housing
for older persons by reason of unoccupied units, provided that such
units are reserved for occupancy by persons who meet the age requirements
of this article.
INDEPENDENT CONTRACTOR
Includes any person who is subject to the provisions governing
any of the professions and occupations regulated by state licensing
laws enforced by the Bureau of Professional and Occupational Affairs
in the Department of State, or is included in the Fair Housing Act
(Public Law 90-284, as amended, 42 U.S.C. § 3601 et seq.).
LABOR ORGANIZATION
Includes any organization which exists for the purpose, in
whole or in part, of collective bargaining or of dealing with employers
concerning grievances, terms or conditions of employment or of other
mutual aid or protection in relation to employment.
LENDING INSTITUTION
Any bank, insurance company, savings and loan association
or any other person or organization regularly engaged in the business
of lending money or guaranteeing loans.
OWNER
Includes a lessee, sublessee, assignee, manager, agent, or
any other person having the right of ownership or possession or the
authority to sell, rent or lease any housing accommodation, including
the County and its departments, authorities, boards and commissions.
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,
independent contractor, lending institution and all authorities, boards
and commissions thereof.
PERSONAL RESIDENCE
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.
PROTECTED CLASS
Any person legally protected from discrimination based upon
race, color, religion, national origin, ancestry or place of birth,
sex, gender identity or expression, sexual orientation, disability,
marital status, familial status, age or use of a guide or support
animal because of blindness, deafness or physical disability of any
individual or independent contractor, or because of the disability
of an individual with whom the person is known to have an association.
PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT
Any place which is open to, accepts or solicits the patronage
of the general public or offers goods or services to the general public,
including loans, or is listed in the Pennsylvania Human Relations
Act, Section 4, but shall not include any personal or professional services
which are in their nature distinctly private, personal or confidential.
REAL-ESTATE-RELATED TRANSACTION
Any of the following:
A.
The making or purchasing of loans or providing other financial
assistance for purchasing, constructing, improving, repairing or maintaining
a housing accommodation or commercial property; or
B.
The purchasing, constructing, improving, repairing or maintaining
a housing accommodation or commercial property; or
C.
The selling, brokering, using as collateral or appraising of
real property.
SEX
Male or female, and includes the gender of a person, as perceived,
presumed or assumed by others.
SEXUAL ORIENTATION
Male or female homosexuality, heterosexuality and bisexuality,
by preference, practice or as perceived by others, whether or not
such perception is accurate.
It shall be an unlawful housing practice for any person to:
A. Because of race, color, religion, national origin, ancestry or place
of birth, sex, gender identity or expression, sexual orientation,
disability, marital status, familial status, age or use of a guide
or support animal because of blindness or because the user is a handler
or trainer of support or guide animals, deafness or physical disability
of any individual or independent contractor or because of the disability
of an individual with whom the person is known to have an association:
(1) Refuse to sell, lease, finance or otherwise to deny or withhold any
housing accommodation or commercial property because of protected
class from any person, prospective owner, occupant or user of such
housing accommodation or commercial property.
(2) Evict or attempt to evict an occupant of any housing accommodation
before the end of the term of a lease because of pregnancy or the
birth of a child.
B. Refuse to lend money, whether or not secured by mortgage or otherwise
for the acquisition, construction, rehabilitation, repair or maintenance
of any housing accommodation or commercial property or otherwise withhold
financing of any housing accommodation or commercial property from
any person because of protected class.
C. Discriminate against any person in the terms or conditions of selling
or leasing any housing accommodation or commercial property or in
furnishing facilities, services or privileges in connection with the
ownership, occupancy or use of any housing accommodation or commercial
property because of protected class.
D. Refuse to permit, at the expense of a person with a disability, reasonable
modifications of existing premises occupied or to be occupied by such
person if such modification may be necessary to afford such person
full enjoyment of the premises, except that, in the case of a rental
the landlord may, where it is reasonable to do so, grant permission
for a modification if the renter agrees to restore the interior of
the premises to the condition that existed before the modification,
with reasonable wear and tear excepted.
E. Refuse to make reasonable accommodations in rules, policies, practices
or services when such accommodations may be necessary to afford such
person equal opportunity to use and enjoy a housing accommodation.
F. 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 housing accommodation or commercial property because of protected
class.
G. Print, publish, circulate or cause to be made any statement or advertisement
relating to the sale, lease or acquisition of any housing accommodation
or commercial property or the loan of money, whether or not secured
by mortgage or otherwise, for the acquisition, construction, rehabilitation,
repair or maintenance of any housing accommodation or commercial property
which indicates any preference, limitation, specification, or discrimination
based upon protected class.
H. Require information concerning an individual's protected class
in connection with the sale or lease of any housing accommodation
or commercial property or loan of any money, whether or not secured
by mortgage or otherwise, for the acquisition, construction, rehabilitation,
repair or maintenance of any housing combination or commercial property.
I. Construct, operate, offer for sale, lease or rent or otherwise make
available housing or commercial property which is not accessible.
It shall be an unlawful public accommodation practice for any
person being the owner, lessee, proprietor, manager, superintendent,
agent or employee of any place of public accommodation, resort or
amusement because of race, color, religion, national origin, ancestry
or place of birth, sex, gender identity or expression, sexual orientation,
disability, marital status, familial status, age or use of a guide
or support animal because of blindness or the training of such animal,
deafness or physical disability of any individual or independent contractor
or because of the disability of an individual with whom the person
is known to have an association to:
A. Refuse, withhold from or deny to any person because of protected
class, either directly or indirectly, any of the accommodations, advantages,
facilities, services or privileges of such place of public accommodation,
resort or amusement.
B. 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
and privileges of any such place shall be refused, withheld or denied
to any person on account of protected class objectionable or not acceptable,
desired or solicited.
C. Obstruct any person from enjoyment of his rights under this article
relating to public accommodations.
D. Construct, operate or otherwise make available such place of public
accommodation, resort or amusement which is not accessible.