[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.
The complainant, the Commission or its Solicitor may secure enforcement
of the order of the Commission or other appropriate relief by the
Court of Common Pleas of Dauphin County. When the Commission has heard
and decided any complaint brought before it, enforcement of its orders
shall be initiated by the filing of a petition in such Court, together
with a transcript of the record of the hearing before the Commission,
and issuance and service of a copy of such petition as in proceedings
in equity. When enforcement of a Commission order is sought, the Court
may make and enter, upon the pleadings, testimony and proceedings
set forth in the transcript, an order or decree enforcing, modifying
and enforcing as so modified, or setting aside, in whole or in part,
the order of the Commission, and the jurisdiction of the Court shall
not be limited by acts pertaining to equity jurisdiction of the courts.
The decision of the Court of Common Pleas shall be subject to appeal
as in other civil actions.
B.
Any failure to obey an order of the Court may be punished by the
Court as civil or criminal contempt thereof.
The Commission's copy of the testimony shall be available
at all reasonable times to all parties for examination, without cost,
and for the purpose of enforcement or judicial review of the order.
The case shall be heard without requirement of printing.
Except as otherwise provided herein, any order of the Commission
may be reviewed under the provisions of Local Agency Law, 2 Pa.C.S.A.
§§ 105, 551 to 555 and 751 to 754.
In addition to the remedies provided in this chapter relating to enforcement of Commission orders, the Commission may certify the case to its Solicitor with a direction that action be instituted in accordance with the provisions of Chapter 4-115.
The Commission shall also have the authority to seek injunctive
relief through the Court of Common Pleas of Dauphin County.
If a complainant invokes the procedures set forth in Chapter 4-107, the individual's right of action in the courts of the commonwealth shall not be foreclosed. The complainant shall be able to bring the action in the Courts of Common Pleas of the commonwealth not less than one year after occurrence or termination of the alleged unlawful practice based on the rights granted in this code. If the Court finds that the respondent has violated any provision of this code, the Court may grant, but is not limited to, any relief available under § 4-107.7B of this Code.
When the Commission determines that any housing accommodation
or accommodations involved in a complaint of unlawful housing practice
may be sold, rented or otherwise disposed of or otherwise compromised
or eliminated before determination of the case has been made, or the
Commission otherwise concludes that prompt action is necessary to
carry out the purposes of this code and the Commission finds probable
cause for the complaint, the Court of Common Pleas of Dauphin County
may issue an injunction restraining the sale, rental or other disposition
of the housing accommodation or accommodations. In every such case,
the Court shall address any issues involving such an injunction in
accordance with the Pennsylvania Rules of Civil Procedure. The Court
may attach to any injunction such conditions as it deems necessary
and proper. No injunction issued shall be for more than 30 days' duration.
If, however, an extension of the injunction beyond 30 days is required
by the Commission, this extension may be granted at the discretion
of the Court. A reasonable bond may be required by the Court before
granting any such extension.
