[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.]
GENERAL REFERENCES
Rental property — See Ch. 372.
Real estate registry — see Ch. 389.
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:
COMMERCIAL HOUSING
A. 
Housing accommodations held or offered for sale or rent:
(1) 
By a real estate broker, salesman or agency, or by any other person pursuant to authorization of the owner.
(2) 
By the owner himself.
(3) 
By legal representation.
B. 
But, shall not include any personal residence offered for sale or rent by the owner or by his broker, salesman, agent or employee.
DISCRIMINATORY HOUSING PRACTICE
Any act that is unlawful under § 292-3 of this chapter.
FAIR HOUSING OFFICER
A person appointed by the City who shall be responsible for accepting fair housing complaints and investigating the same on behalf of the City.
PERSON
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.
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.
[Amended 12-27-1982 by Ord. No. 24-1982]
It shall be unlawful discriminatory practice for any person to:
A. 
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. 
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. 
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. 
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. 
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. 
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. 
The City hereby appoints the City's Building Inspector as its Fair Housing Officer.
B. 
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. 
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. 
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. 
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.