[HISTORY: Adopted by the City Council of the City of Nanticoke by Ord. No. 9-1979 (Ch. 11, Part 2, of the 2004 Code of Ordinances). Amendments noted
where applicable.]
It is the policy of the City of Nanticoke to provide, within
statutory limitations, for fair housing throughout the City.
As used in this chapter, the following terms shall have the
meanings indicated:
Any act that is unlawful under § 292-3 of this chapter.
A person appointed by the City who shall be responsible for
accepting fair housing complaints and investigating the same on behalf
of the City.
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.
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.
[Amended 12-27-1982 by Ord. No. 24-1982]
It shall be unlawful discriminatory practice for any person
to:
A.Â
Refuse to sell, lease, finance or otherwise to deny or withhold commercial
housing from any person because of the race, color, religious creed,
ancestry, sex, national origin, or handicap or disability 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.
B.Â
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, national origin, or handicap or disability of any present
or prospective owner, occupant or user of such commercial housing.
C.Â
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, national origin, or handicap or disability 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.
D.Â
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, national origin, or handicap or disability of any present
or prospective owner, occupant or user of such commercial housing.
E.Â
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, national origin, or handicap or disability,
or to print or publish or circulate any statement or advertisement
relating to the lease of any commercial dwelling which indicates any
preference, limitations, specification or discrimination based upon
use of a guide dog because of the blindness of the user.
F.Â
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, national origin, or handicap
or disability 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 form of 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.
A.Â
The City hereby appoints the City's Building Inspector as its
Fair Housing Officer.
B.Â
The Fair Housing Officer shall receive information concerning alleged
violations of this chapter from any person. Any person who claims
to have been injured by a discriminatory housing practice or who believes
that he will be irrevocably injured by a discriminatory housing practice
that is about to occur may file a complaint with the Fair Housing
Officer no later than 180 days after the alleged discriminatory housing
practice occurred.
C.Â
Each such complaint filed with the Fair Housing Officer shall be
in writing and signed and shall be sworn to before a notary public.
D.Â
Within 30 days of his receipt of each such complaint, the Fair Housing
Officer shall undertake and complete an investigation of the complaint
to determine the accuracy of statements contained therein. If upon
such investigation the Fair Housing Officer finds that statements
contained in the complaint are or may be correct, he shall immediately
file his report and a copy of the complaint with the City Solicitor.
E.Â
If in the opinion of the City Solicitor an unlawful housing discriminatory
practice has or may have occurred, then and in that event the City
Solicitor shall immediately forward the complaint to the Pennsylvania
Human Relations Commission for follow-up pursuant to the Pennsylvania
Human Relations Act, 1955, October 27, P.L. 744, as amended.[1]
[1]
Editor's Note: See 43 P.S. § 951 et seq.
This chapter may be amended by the City Council from time to
time to conform to future federal, state or local statutory or regulatory
requirements.