Final disposition of complaints regarding discriminatory housing
accommodations shall be made within one year after receipt of the
complaint, unless it is impracticable. As to all other complaints,
the Commission will attempt to achieve final administrative disposition
within one year after receipt of the complaint unless it is impracticable
to do so. If the Commission is unable to do so, it shall notify the
complainant and respondent in writing of its reasons for not doing
so.
If the Commission determines that there is no basis for the
allegations in the complaint, the complaint shall be dismissed and
the complainant so notified in writing, which notice shall contain
the following information:
A. Within 10 days from the receipt of such notice of dismissal, the
complainant or his or her attorney may file with the Commission a
request for review, and the Commission shall provide the complainant
an opportunity to appear before the Commission or a member thereof.
After such review the Commission may reverse its decision or, if the
Commission or its representative determines that there is no basis
for the complaint, the dismissal of the complaint shall be affirmed,
and there shall be no further review of such decision by the Commission.
B. Any final order of the Commission is reviewable in the Court of Common
Pleas within 30 days of its issuance.
C. Unless otherwise ordered by the Court of Common Pleas, any timely
appeal shall operate as a supersedeas of the Commission's order,
provided that any order or portion of any order of the Commission
requiring the preservation of the subject matter of the complaint
(e.g., housing unit) shall remain in force unless specifically negated
by the Court of Common Pleas.
[Amended 12-11-2007 by Ord. No. 31-2007]
A. In any case of failure to resolve the complaint by means of informal proceedings, or in advance thereof, and if in the judgment of the Commission the facts so warrant, the Commission shall hold a public hearing to determine whether or not an unlawful practice has been committed or, without holding such a hearing, direct its Solicitor to take action in accordance with Chapter
4-109.
B. When a public hearing is ordered, the Commission shall designate
one or more members to conduct such a hearing. The Commission shall
serve upon the respondent, if it has not already done so, a copy of
the complaint and any amended complaint and a notice of the time and
place of the hearing. The hearing shall ordinarily be held not less
than 10 days after the service of such notice.
C. The Commission shall, upon serving the respondent with the complaint,
inform the respondent of his or her rights and obligations, including
the obligation to file an answer to the complaint within 30 days,
to appear at any hearing in person or be represented by an attorney
or, subject to the approval of the hearing panel, by any other person,
and to examine and cross-examine witnesses.
D. The complainant shall also have the right to be represented by an
attorney or, subject to the approval of the hearing panel, any other
person.
E. When notice of hearing is given in cases alleging unlawful housing
practices, either party may elect to have the claim asserted in a
civil action brought under the original jurisdiction of the Dauphin
County Court of Common Pleas or the Court of Common Pleas for the
county in which the alleged practice occurred. The written notice
of the Commission shall be sent to all parties and will inform them
of their right to take civil action. An election shall notify the
Commission and all other parties.
If the Commission enters any final order, whether it is to dismiss
the complaint, grant an award of relief, compensation or other remedy
in favor of the complainant or grant an award in favor of the respondent,
the party aggrieved by this final order may seek judicial review of
that decision in a court of competent jurisdiction. The court may
then make any other order that it determines to be just and proper
based upon the record of the proceedings before the Commission, including
to set aside, affirm, modify, or remand, in whole or in part, the
decision of the Commission or to grant any temporary relief that it
deems appropriate.