[Ord. 1407, 3/9/1993, Section 2; amended by Ord. 1965, 4/18/2011,
Section 1]{75}
a.
Purpose. The Municipality has an obligation to maintain an environment
conducive to fostering respect among all residents of the community.
The Municipality must assure that persons seeking to avail themselves
of their right to enjoy housing facilities obtain goods and services
in a public accommodation and have equal access to residential real
estate-related transactions regardless of race, color, religion, age,
ancestry, national origin, place of birth, sex, sexual orientation,
gender identity or expression, source of income, disability or handicap,
presence of a service animal (public accommodations) or support animal
(housing and real estate-related transactions), pregnancy, birth of
a child or marital or familial status are not burdened by unjust discrimination.
Incidents of unjust discrimination are harmful to the society we share.
Such acts not only harm those who suffer them but also threaten the
reputation of the community.
b.
Declaration of Policy. It is the public policy of the Municipality
to prohibit discrimination in housing, public accommodations and residential
real estate-related transactions because of race, color, religion,
age, ancestry, national origin, place of birth, sex, sexual orientation,
gender identity or expression, source of income, disability or handicap,
presence of a service animal (public accommodations) or support animal
(housing and real estate-related transactions), pregnancy, birth of
a child or marital or familial status; and to provide for the resolution
of housing, public accommodation and residential real estate-related
transaction discrimination disputes at the local level in a timely,
cost efficient and effective manner; and, to obtain substantial equivalency
with the federal government's housing and anti-discrimination enforcement
efforts..
[Ord. 1407, 3/9/1993, Section 4; amended by Ord. 1965, 4/18/2011,
Section 1]{80}
As used in this ordinance, the following terms shall mean:
b.
AGGRIEVED PERSON — Any natural person who claims to have been injured by a discriminatory housing practice as defined in Part E.
c.
DISABILITY OR HANDICAP — With respect to a person, means:
(1)
A physical or mental impairment which substantially limits one or
more of such person's major life activities;
(2)
A record of having such an impairment; or
(3)
Being 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).
Nothing in this Subsection requires that a dwelling be made
available to an individual whose tenancy would constitute a direct
threat to the health or safety of other individuals or whose tenancy
would result in substantial physical damage to the property of others.
d.
DISCRIMINATE AND DISCRIMINATION — Includes any difference in
treatment based on race, color, religion, age, ancestry, national
origin, place of birth, sex, sexual orientation, gender identity or
expression, source of income, disability or handicap, presence of
a service animal (public accommodations) or support animal (housing
and real estate-related transactions), pregnancy, birth of a child
or marital or familial status.
Housing discrimination pertaining to people with a disability
or handicap includes a refusal to permit, at the expense of the person
with a disability or handicap, reasonable modifications of existing
premises occupied or to be occupied by such person if such modifications
may be necessary to afford such person full enjoyment of the premise;
a refusal 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 dwelling. In the case
of a rental, the landlord may, where it is reasonable to do so, condition
permission for a modification on the renter agreeing to restore the
condition of the interior of the premises to the condition that existed
before the modification, reasonable wear and tear excepted. Where
it is necessary in order to ensure, with reasonable certainty, that
funds will be available to pay for the restorations at the end of
the tenancy, the landlord may negotiate as part of such restoration
agreement a provision requiring that the tenant pay into an interest
bearing escrow, over a reasonable period, a reasonable amount of money
not to exceed the cost of the restorations. The interest in any such
account shall accrue to the benefit of the tenant.
Nothing in this Subsection requires that a dwelling be made
available to an individual whose tenancy would constitute a direct
threat to the health or safety of other individuals or whose tenancy
would result in substantial physical damage to the property of others.
e.
DWELLING — Any building, structure (or portion thereof) which
is occupied as, or designed or intended for occupancy as, a residence
by one or more families, and any vacant land which is offered for
sale or lease for the construction or location thereon of any such
building, structure or portion thereof.
f.
ELDERLY — A person who is at least 62 years of age or a family
whose head or spouse is 62 years of age or is a handicapped person.
g.
FAMILIAL STATUS —
(1)
One or more individuals (who have not attained the age of 18 years)
being domiciled with a parent or another 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.
(3)
The protection 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.
h.
GENDER IDENTITY OR EXPRESSION — Self perception, or perception
by others, as male or female, and shall include 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, and shall include, but is not limited to, persons who are
undergoing or have completed sex reassignment.
i.
HOUSING FOR OLDER PERSONS — Housing:
(1)
Provided under any Federal, State or local program that the Municipality
determines is specifically designed and operated to assist elderly
persons as defined in the Federal, State or local program;
(2)
Is intended for and solely occupied by persons 62 years of age or
older; or
(3)
Is intended and operated for occupancy by at least one person 55
years of age or older per unit.
j.
LIVE-IN AIDE — A person who resides with the elderly person
or a person with a disability or handicap and who:
(1)
Is determined to be essential to the care and well-being of the elderly
person or person with a disability or handicap;
(2)
Is not obligated for the support of the elderly person or person
with a disability or handicap; and
(3)
Would not be living in the unit except to provide the necessary supportive
services.
k.
MARITAL STATUS — The state of being married, unmarried, divorced,
separated or widowed.
l.
OWNER — Includes any person, agent, operator, firm or corporation,
having a legal or equitable interest in the property, or recorded
in the official records of the State, county or municipality as holding
title to the property.
m.
PERSON — Any natural person, fraternal, civic or other membership
organization or association including those acting in a fiduciary
or representative capacity, proprietorship, partnership, corporation,
limited liability company, or other for profit or nonprofit organizations,
including the Municipality, its departments, boards and commissions.
n.
PUBLIC ACCOMMODATION — Any accommodation, resort or amusement
which is open to, accepts or solicits the patronage of the general
public, including but not limited to inns, taverns, roadhouses, hotels,
motels, whether conducted for the entertainment of transient guests
or for the accommodation of those seeking health, recreation or rest,
or restaurants or eating houses, or any place where food is sold for
consumption on the premises, buffets, saloons, barrooms or any store,
park or enclosure where spirituous or malt liquors are sold, ice cream
parlors, confectioneries, soda fountains and all stores where ice
cream, ice and fruit preparations or their derivatives, or where beverages
of any kind are retailed for consumption on the premises, drugstores,
dispensaries, clinics, hospitals, bathhouses, swimming pools, barber
shops, beauty parlors, retail stores and establishments, theaters,
motion picture houses, airdomes, roof gardens, music halls, race courses,
skating rinks, amusement and recreation parks, fairs, bowling alleys,
gymnasiums, shooting galleries, billiard and pool parlors, public
libraries, kindergartens, primary and secondary schools, high schools,
academies, colleges and universities, extension courses and all educational
institutions, nonsectarian cemeteries, garages and all public conveyances
operated on land or water or in the air as well as the stations, terminals
and airports, financial institutions and all Municipal facilities
and services, but not any accommodations which are in their nature
distinctly private.
o.
REAL ESTATE BROKER — Any person, partnership, corporation or
other association which, for a fee or other valuable consideration,
manages, sells, purchases, exchanges, or rents or negotiates, or offers
or attempts to negotiate the sale, purchase, exchange or rental of
the real property of another, or holds itself out as one engaged in
the business of managing, selling, purchasing, exchanging or renting
the real property of another and includes those engaging in real estate
sales or any other person employed by a real estate broker to perform
or to assist in the performance of his or her business.
p.
RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS — The making of
loans or providing other financial assistance for purchasing, constructing,
improving, repairing or maintaining a dwelling, or the selling, brokering
or appraising of residential real property.
q.
SERVICE ANIMAL — Any dog that is individually trained to do
work or perform tasks for the benefit of an individual with a disability,
including a physical, sensory, psychiatric, intellectual, or other
mental disability. Other species of animals, whether wild or domestic,
trained or untrained, are not service animals for the purposes of
this definition. The work or tasks performed by a service animal must
be directly related to the handler's disability. Examples of work
or tasks include, but are not limited to, assisting individuals who
are blind or have low vision with navigation and other tasks, alerting
individuals who are deaf or hard of hearing to the presence of people
or sounds, providing non-violent protection or rescue work, pulling
a wheelchair, assisting an individual during a seizure, alerting individuals
to the presence of allergens, retrieving items such as medicine or
the telephone, providing physical support and assistance with balance
and stability to individuals with mobility disabilities, and helping
persons with psychiatric and neurological disabilities by preventing
or interrupting impulsive or destructive behaviors. The crime deterrent
effects of an animal's presence and the provision of emotional support,
well-being, comfort, or companionship do not constitute work or tasks
for the purposes of this definition. The term service animal shall
pertain to unlawful practices in the area of public accommodations.
r.
SEXUAL ORIENTATION — Actual or perceived homosexuality, heterosexuality
and/or bisexuality.
s.
SOURCE OF INCOME — Income received through any legal means
including, but not limited to, wages, salaries, interest, dividends,
child support, alimony, public assistance, pensions or other retirement
benefits, social security or other documentation of ability to pay.
t.
SUPPORT ANIMAL — Animals that work, provide assistance, or
perform tasks for the benefit of a person with a disability, or animals
that provides emotional support that alleviates one or more identified
symptoms or effects of a person's disability. Support animals perform
many disability-related functions, including but not limited to guiding
individuals who are blind or have low vision, alerting individuals
who are deaf or hard of hearing to sounds, providing minimal protection
or rescue assistance, pulling a wheelchair, fetching items, alerting
persons to impending seizures, or providing emotional support to persons
with disabilities who have a disability-related need for such support.
The term support animal shall pertain to unlawful practices in the
areas of housing and real estate-related transactions.
[Ord. 1407, 3/9/1993, Section 5; amended by Ord. 1965, 4/18/2011,
Section 1]
The Municipality shall have the power and duty to:
a.
Investigate complaints of discrimination in a timely and objective
manner.
(1)
Determine the existence of probable cause regarding discrimination
complaints based on evidence; make decisions based on the evidence,
including evidence presented by the plaintiff(s) and respondent(s).
(2)
Attempt to resolve disagreement of the parties through conciliation
and mediation. In this process, the Municipality may enlist or employ
the services of mediators, counselors or others to assist the parties
in reconciling differences.
(3)
In the performance of its duties, the Municipality may cooperate
with interested citizens, private agencies and agencies of the Federal,
State and local governments.
b.
Request other departments of the Municipal government to assist in
the performance of its duties, and such other departments shall cooperate
fully with the Manager's Office.
c.
Adopt such procedures as may be necessary to carry out the purposes
and provisions of this ordinance.
[Ord. 1407, 3/9/1993, Section 6; amended by Ord. 1965, 4/18/2011,
Section 1]
It shall be an unlawful housing practice, except as otherwise
provided in this ordinance:
a.
For any owner, real estate broker or any other person to refuse to
discuss or confer with a view to reaching an agreement for a sale,
lease, sublease, rental, assignment or other transfer of the title,
leasehold or other interest in any dwelling to any person, or to represent
that any dwelling is not available for any inspection, sale, lease,
sublease, rental, assignment or other transfer when, in fact, it is
so available, or otherwise to deny or withhold any dwelling from any
person because of race, color, religion, ancestry, age, national origin,
place of birth, sex, sexual orientation, gender identity or expression,
source of income, disability or handicap, presence of support animal,
pregnancy, birth of a child or marital or familial status or to discriminate
against, segregate or assign quotas to any person or group of persons
in connection with the sale, lease, sublease, rental, assignment or
other transfer of title, leasehold or other interest in any dwelling
or dwellings.
b.
For any person, including any owner or real estate broker, to include
in the terms, conditions or privileges of any sale, lease, sublease,
rental, assignment or other transfer of any dwelling any clause, condition
or restriction discriminating against or requiring any other person
to discriminate against any person in the use or occupancy of such
dwelling because of race, color, religion, ancestry, age, national
origin, place of birth, sex, sexual orientation, gender identity or
expression, source of income, disability or handicap, presence of
a support animal, pregnancy, birth of a child or marital or familial
status.
c.
For any person, including any owner or real estate broker, to refuse
to permit, at the expense of the person with a disability or handicap,
reasonable modifications of existing premises occupied or to be occupied
by such person if such modifications may be necessary to afford such
person full enjoyment of the premises.
The application of paragraph c of this section may be illustrated
by the following examples:
Example 1. A tenant with a disability or handicap asks his or
her landlord for permission to install grab bars in the bathroom at
his or her own expense. It is necessary to reinforce the walls with
blocking between studs in order to affix the grab bars. It is unlawful
for the landlord to refuse to permit the tenant at the tenant's own
expense, from making the modifications necessary to add the grab bars.
However, the landlord may condition permission for the modification
on the tenant agreeing to restore the bathroom to the condition that
existed before the modification, reasonable wear and tear excepted.
It would be reasonable for the landlord to require the tenant to remove
the grab bars at the end of the tenancy. The landlord may also reasonably
require that the wall to which the grab bars are to be attached be
repaired and restored to its original condition, reasonable wear and
tear excepted. However, it would be unreasonable for the landlord
to require the tenant to remove the blocking, since the reinforced
walls will not interfere in any way with the landlord's or the next
tenant's use and enjoyment of the premises and may be needed by some
future tenant.
Example 2. An applicant for rental housing has a child who uses
a wheelchair. The bathroom door in the dwelling unit is too narrow
to permit the wheelchair to pass. The applicant asks the landlord
for permission to widen the doorway at the applicant's own expense.
It is unlawful for the landlord to refuse to permit the applicant
to make the modification. Further, the landlord may not, in usual
circumstances, condition permission for the modification on the applicant
paying for the doorway to be narrowed at the end of the lease because
a wider doorway will not interfere with the landlord's or the next
tenant's use and enjoyment of the premises.
d.
For any person, including any owner or real estate broker, to refuse
to make reasonable accommodations in rules, policies, practices or
services (except for federally-regulated lending institutions), when
such accommodations may be necessary to afford a person with a disability
or handicap the opportunity to use and enjoy a dwelling.
The application of paragraph d of this section may be illustrated
by the following examples:
Example 1. A blind applicant for rental housing wants to live
in a dwelling unit with a seeing eye dog. The building has a "no pets"
policy. It is a violation of 24 CFR PART 100.204 for the owner or
manager of the apartment complex to refuse to permit the applicant
to live in the apartment with a seeing eye dog because, without the
seeing eye dog, the blind person will not have an equal opportunity
to use and enjoy a dwelling.
Example 2. Progress Gardens is a three-hundred-unit apartment
complex with 450 parking spaces which are available to tenants and
guests of Progress Gardens on a "first-come/first-served" basis. John
applies for housing in Progress Gardens. John has a mobility disability
and is unable to walk more than a short distance and, therefore, requests
that parking space near his unit be reserved for him so he will not
have to walk very far to get to his apartment. It is a violation of
24 CFR PART 100.204 for the owner or manager of Progress Gardens to
refuse to make this accommodation. Without a reserved space, John
might be unable to live in Progress Gardens at all or, when he has
to park in a space far from his unit, might have great difficulty
getting from his car to his apartment unit. The accommodation, therefore,
is necessary to afford John an equal opportunity to use and enjoy
a dwelling. The accommodation is reasonable because it is feasible
and practical under the circumstances.
e.
For any person, including any owner or real estate broker, to discriminate
in the providing of any facilities or services (except for federally-regulated
lending institutions) for any dwelling because of race, color, religion,
ancestry, age, national origin, place of birth, sex, sexual orientation,
gender identity or expression, source of income, disability or handicap,
presence of a support animal, pregnancy, birth of a child or marital
or familial status.
f.
For any person, including any owner or real estate broker, to publish,
circulate, issue or display, or cause to be published, circulated,
or displayed, any communication, notice, advertisement or sign of
any kind relating to the sale, rental, lease, sublease, assignment,
transfer or listing of a dwelling or dwellings which indicates any
orientation, limitation, specification or discrimination based on
race, color, religion, ancestry, age, national origin, place of birth,
sex, sexual orientation, gender identity or expression, source of
income, disability or handicap, presence a support animal, pregnancy,
birth of a child or marital or familial status.
g.
For any person, including any owner or real estate broker or associate,
or any other person for business or economic purposes, to induce directly
or indirectly, or to attempt to induce directly or indirectly, the
sale or rental or the listing for sale or rental of a dwelling by
representing that a change has occurred or will or may occur with
respect to the race, color, religion, ancestry, age, national origin,
place of birth, sex, sexual orientation, gender identity or expression,
source of income, disability or handicap, presence of a support animal,
pregnancy, birth of a child or marital or familial status composition
of the street, block, neighborhood or area in which said dwelling
is located.
h.
For any person, including any real estate broker or associate, to
deny a person access to membership or participation in a multiple
listing service, real estate brokers' organization or other service
because of race, color, religion, ancestry, age, national origin,
place of birth, sex, sexual orientation, gender identity or expression,
source of income, disability or handicap, presence of a support animal,
pregnancy, birth of a child or marital or familial status.
i.
For any person, including any real estate broker or associate, to
aid, incite, compel, coerce or participate in the doing of any act
declared to be an unlawful housing practice under this ordinance,
to obstruct or prevent enforcement or compliance with the provisions
of this ordinance or any rule or regulation, or to attempt directly
or indirectly to commit any act declared by this ordinance to be an
unlawful housing practice.
j.
For any person or entity whose business includes engaging in residential
real estate-related transactions to discriminate against any person
in making available such a transaction or in the terms or conditions
of such a transaction because of race, color, religion, ancestry,
age, national origin, place of birth, sex, sexual orientation, gender
identity or expression, source of income, disability or handicap,
presence a support animal, pregnancy, birth of a child or marital
or familial status.
k.
The notice to the respondent referenced in § 5-509a(3)
will advise the respondent that retaliation against any person because
he or she made a complaint or testified, assisted or participated
in an investigation or mediation under this ordinance is a discriminatory
practice that is prohibited by this ordinance.
[Ord. 1965, 4/18/2011, Section 1]
It shall be an unlawful public accommodations practice, except
as otherwise provided in this ordinance for any person being the owner,
lessee, proprietor, manager, superintendent, agent or employee of
any public accommodation to:
a.
Refuse, withhold from, or deny to any person because of race, color,
religion, ancestry, age, national origin, place of birth, sex, sexual
orientation, gender identity or expression, source of income, disability
or handicap, presence of a service animal, pregnancy, birth of a child
or marital or familial status either directly or indirectly, any of
the accommodations, advantages, facilities or privileges of such public
accommodation.
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 from or
denied to any person on account race, color, religion, ancestry, age,
national origin, place of birth, sex, sexual orientation, gender identity
or expression, source of income, disability or handicap, presence
of a service animal, pregnancy, birth of a child or marital or familial
status, or that the patronage or custom thereat of any person, belonging
to or purporting to be of any particular race, color, religion, ancestry,
age, national origin, place of birth, sex, sexual orientation, gender
identity or expression, source of income, disability or handicap,
presence of a service animal, pregnancy, birth of a child or marital
or familial status, is unwelcome, objectionable or not acceptable,
desired or solicited.
c.
Exclude or otherwise deny equal goods, services, facilities, privileges,
advantages, accommodations or other opportunities to a person because
of the disability or handicap of an individual with whom the person
is known to have a relationship or association.
d.
Construct such place of public accommodation which is not accessible.
e.
Refuse to remove any barrier to accessibility to such existing place
of public accommodation, where barrier removal is readily achievable,
meaning easily accomplishable and able to be carried out without much
difficulty or expense. Where barrier removal is not readily achievable,
it shall be unlawful to refuse to take any readily achievable alternative
steps to make such public accommodation accessible.
f.
The notice will advise the respondent referenced in § 5-509a(3)
that retaliation against any person because he or she made a complaint
or testified, assisted or participated in an investigation or mediation
under this ordinance is a discriminatory practice that is prohibited
by this ordinance.
[Ord. 1965, 4/18/2011, Section 1]
a.
It shall be unlawful for any person or entity whose business includes
engaging in residential real estate-related transactions to discriminate
against any person in making available loans or other financial assistance
for a dwelling, or which is or is to be secured by a dwelling, because
of race, color, religion, ancestry, age, national origin, place of
birth, sex, sexual orientation, gender identity or expression, source
of income, disability or handicap, presence of a support animal, pregnancy,
birth of a child or marital or familial status.
b.
It shall be unlawful for any person or entity engaged in the making
of loans or in the provision of other financial assistance relating
to the purchase, construction, improvement, repair or maintenance
of dwellings or which are secured by residential real estate to impose
different terms or conditions for the availability of such loans or
other financial assistance because of race, color, religion, ancestry,
age, national origin, place of birth, sex, sexual orientation, gender
identity or expression, source of income, disability or handicap,
presence of a support animal, pregnancy, birth of a child or marital
or familial status.
c.
The notice will advise the respondent referenced in § 5-509a(3)
that retaliation against any person because he or she made a complaint
or testified, assisted or participated in an investigation or mediation
under this ordinance is a discriminatory practice that is prohibited
by this ordinance.
[Ord. 1407, 3/9/1993, Section 7; amended by Ord. 1965, 4/18/2011,
Section 1]
a.
Housing for Older Persons. The provisions regarding familial status
and age in this ordinance shall not apply to housing for older persons
if it meets the conditions in this section.
In determining whether housing qualifies as housing for older
persons under this clause, the Municipality's requirements shall include,
but not be limited to, the following:
(1)
At least 80% of the units are occupied by at least one person 55
years of age or older per unit.
(2)
There is 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.
(3)
The housing complies with regulations promulgated by the Pennsylvania
Human Relations Commission for verification of occupancy. Regulations
under this paragraph shall do all of the following:
(a)
Provide for verification by reliable surveys and affidavits.
Surveys and affidavits under this subparagraph shall be admissible
in administrative and judicial proceedings for the purpose of verification
under this paragraph.
(b)
Include examples of the types of policies and procedures relevant
to a determination of compliance with the requirement of paragraph
(3).
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 clause.
b.
Religious or Sectarian Institutions or Organizations. Nothing in
this ordinance shall bar any religious or sectarian institution or
organization, or any charitable or educational organization which
is operated, supervised or controlled by or in connection with a religious
or sectarian organization, or fraternal, civic or other membership
organization, or any bona fide private or fraternal organization or
sorority from limiting admission to its programs, services and housing
owned and operated by said organization or giving orientation to persons
of the same religion or sect, or to members of such private or fraternal
organization or sorority, or from making such selection as is calculated
by such organization to promote the religious or sectarian principles
or the aims, purposes or fraternal principles for which it is established
or maintained.
c.
Local Limits on Maximum Occupancy of a Dwelling. Nothing in this
ordinance shall limit the applicability of any local, state or federal
or any reasonable private land use restrictions, condominium articles
or by-laws regarding the maximum number of occupants permitted to
occupy a dwelling.
d.
Controlled Substances. Nothing in this ordinance with respect to
housing shall prohibit conduct against a person because such person
has been convicted by any court of competent jurisdiction of the illegal
manufacture or distribution of a controlled substance, as defined
in Section 102 of the Controlled Substances Act (21 USC 802).
e.
Owner-Occupied Dwellings. This ordinance shall not apply to owner-occupied
dwellings containing four units or less, providing the landlord occupies
one of the units as his/her primary residence.
f.
Fraternities/Sororities/Dormitories. Prohibition of discrimination
on the basis of sex shall not apply to dwellings used exclusively
as dormitories by educational institutions or fraternities and/or
sororities affiliated with an educational institution.
g.
Subleasing a Dwelling Unit. This ordinance shall not apply to the
subleasing of a dwelling unit where one or more of the tenants named
on the lease in effect at the time of the subleasing will continue
to reside in the unit.
h.
Familial/Marital Status. The provisions regarding familial and marital
status in this ordinance shall not apply to housing provided by educational
institutions which is restricted to occupancy by students of such
institution who:
i.
Nothing herein shall be construed to mean a landlord must rent to
someone who does not have the ability to pay.
[Ord. 1407, 3/9/1993, Section 7; amended by Ord. 1965, 4/18/2011,
Section 1]
It shall be unlawful for any person, whether or not within the
named classifications set forth in this ordinance, to aid, incite,
compel, coerce or participate in the doing of any act declared to
be an unlawful practice under this ordinance, or to obstruct or prevent
enforcement of compliance with the provisions of this ordinance or
any rule, regulation or order of the Municipality to be an unlawful
practice.
[Ord. 1407, 3/9/1993, Section 9; amended by Ord. 1965, 4/18/2011,
Section 1; Ord. 1969, 6/20/2011, Section 1]
a.
Filing a Complaint.
(1)
A complaint, charging that any person has engaged in or is engaging
in any unlawful practice, as set forth in this ordinance, may be made
by the aggrieved person or may be filed with the assistance of an
authorized representative of the aggrieved person. Complaints shall
be filed with the Municipality. Complaints may be filed in person
at the Municipality or be mailed to the Municipality.
(2)
The complaint shall be in writing on forms provided by the Municipality,
signed by the aggrieved person and notarized, and shall contain substantially
the following information:
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The name and address of the aggrieved person;
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The name and address of the person or persons alleged to have
committed the unlawful practice;
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The address and, if appropriate, a description of the dwelling
unit which is involved;
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A concise statement of the facts, including pertinent dates,
constituting the alleged discriminatory practice; and
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Such other information as may be required by the Municipality.
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(3)
Upon receipt of a complaint, the Municipality shall promptly notify
the respondent or person charged with the commission of a discriminatory
practice. Such notice shall identify the alleged discriminatory practice
upon which the complaint is based and include a copy of the complaint.
The notice shall state the date the complaint was accepted for filing.
The notice will advise the respondent of the time limits applicable
to complaint processing under this ordinance and of the procedural
rights and obligations of the respondent under this ordinance, including
the opportunity to submit an answer to the complaint within 21 days
of the receipt of the notice. The notice will advise the respondent
that retaliation against any person because he or she made a complaint
or testified, assisted or participated in an investigation or mediation
or conciliation under this ordinance is a discriminatory practice
that is prohibited by this ordinance.
b.
Mediation.
(1)
The purpose of providing mediation is the resolution of disputes
arising from the filing of complaints as provided for in this ordinance.
Participation in mediation shall be voluntary. The Municipality may
contract for the provision of mediation services or attempt to locate
a cost-free volunteer mediator from the community.
(2)
If the parties elect mediation, the Municipality shall select a mediator,
a volunteer from the community or a contracted mediation service.
The Municipality shall use cost-free mediators only unless funds are
approved for a contracted mediation service by Borough Council or
are obtained from an outside funding source.
(3)
Mediation shall be completed within 21 days of the date the mediator,
volunteer from the community or contracted mediation service and the
parties to the dispute agree to mediate. The mediators assigned to
mediate any dispute arising from a complaint filed under the provisions
of this ordinance shall not be employees or elected officials of the
Municipality, members of the State College Community Development Block
Grant Citizens' Advisory Committee, the Centre County Advisory Council
to the Pennsylvania Human Relations Commission or the State College
Borough Human Relations Commission, or have served on the State College
Community Development Block Grant Citizens' Advisory Committee or
the Centre County Advisory Council to the Pennsylvania Human Relations
Commission or the State College Borough Human Relations Commission
within five years of the date the complaint to be mediated was filed
with the Municipality. Either party to the dispute may request an
alternate mediator be assigned to mediate the dispute should the party
believe the said assigned mediator would be unable to conduct the
mediation in a fair and impartial manner.
(4)
The details and results of all mediation meetings are confidential
and shall not be made public unless agreed to in writing by both parties
to the dispute.
(5)
Following the completion of mediation, the mediator or mediation
service shall notify the Municipality, in writing, that mediation
has been completed. This notice shall include the parties to the dispute
and whether or not the mediation succeeded in resolving the dispute.
c.
Frivolous Complaints. A frivolous complaint is any complaint which
is clearly insufficient on its face and is presumably filed for purposes
of delay or embarrassment. The filing of frivolous complaints is discouraged.
All costs for processing a frivolous complaint shall be borne by the
complainant. Any person filing a frivolous complaint, in addition
to being responsible for costs, may be subject to civil liability
for abuse of process or malicious prosecution in accordance with the
laws of the Commonwealth of Pennsylvania.
d.
Enforcement.
(1)
If the parties do not mediate or if mediation was not successful
in resolving the dispute, the Borough Manager or his/her designee
shall initiate an investigation, or cause to be initiated an investigation
of the facts surrounding the discrimination complaint within 10 working
days of the failure of the parties to successfully mediate the dispute.
The Borough Manager or his/her designee assigned to the investigation
shall have responsibility to collect the necessary information and
shall have all power necessary to carry out the aforesaid responsibility.
(2)
If the investigation of facts establishes that there is no basis
for the allegations of the complaint, the Borough Manager or his designee
shall cause to be issued and served upon the parties written notice
of such determination. This notice shall inform the complainant that
they have the right to pursue the matter in court by filing a lawsuit.
(3)
If the investigation of facts establishes that probable cause of
discrimination exists, the parties shall be offered the opportunity
to conciliate. If the parties are not able to agree on a settlement
through persuasion, conference and conciliation, the Borough Manager
or his/her designee shall cause to be issued and served a written
notice, together with a copy of the complaint, which informs the respondent
that they must answer the charges of such complaint at a hearing before
the State College Borough Human Relations Commission at a time and
place to be specified in the notice.
The Commission may designate one or more of its members to serve
as hearing officer, or it may at its election conduct such hearing
en banc appointing one of its members to preside.
At the hearing, the case in support of the complaint shall be
presented to the Commission by the complainant, counsel for the complainant
or by the Borough Manager or his designee. Both the complainant and
the respondent may appear at the hearing with or without counsel and
provide testimony. In addition, both the complainant and the respondent
may introduce the testimony of additional witnesses, and may submit
documentary evidence. The Commission and the parties shall not be
bound by the strict rules of evidence at the hearing.
(4)
If upon consideration of all of the evidence at the hearing, the
Commission finds that a respondent has engaged in or is engaging in
any unlawful Discriminatory Act as defined in this Ordinance, the
Commission shall state its findings of fact, and shall issue and cause
to be served on such respondent an order requiring such respondent
to cease and desist from such unlawful discriminatory practice and
to take such additional action as the Commission deems appropriate.
The Commission shall have the authority to order any remedies available
to the Pennsylvania Human Relations Commission under the Pennsylvania
Human Relations Act.
(5)
If, upon consideration of all of the evidence, the Commission finds
that a respondent has not engaged in any unlawful Discriminatory Act
as defined in this Ordinance, the Commission shall state its findings
of fact, and shall issue and cause to be served on the parties an
order dismissing the complaint as to such respondent.
(6)
If the Municipality determines that a dwelling or dwellings involved
in a complaint of an unlawful housing practice under this ordinance
may be sold, rented or otherwise disposed of before a determination
of the case has been made by the State College Borough Human Relations
Commission, and the Municipality believes that there is probable cause
for the complaint, the Municipality may request the Borough Solicitor
to seek an injunction restraining the sale, rental or other disposition
of the dwelling or dwellings in accordance with the Laws of the Commonwealth
of Pennsylvania.
e.
Judicial Review.
(1)
Final orders of the Municipality shall be reviewable by a court of
competent jurisdiction in accordance with the provisions of the Local
Agency Law, 2 Pa.C.S. 752, et seq.
(2)
Judicial
review of a final order by the Municipality must be in a court with
authority to grant the petitioner such temporary relief, restraining
order or other order, as the court determines, is just and proper,
affirm, modify or set aside, in whole or in part, the order or remand
the order to the extent that the order is affirmed or modified.
[Ord. 1407, 3/9/1993, Section 10; amended by Ord. 1965, 4/18/2011,
Section 1]
A complaint must be filed with the Borough Manager's Office
within 180 days of the alleged act of discrimination. If the statute
of limitations expires, the Complainant has the recourse of filing
the discrimination complaint with the U.S. Department of Housing and
Urban Development or Pennsylvania Human Relations Commission for matters
related to housing and residential real estate-related transactions
and the U.S. Department of Justice or the Pennsylvania Human Relations
Commission for matters related to public accommodations.
[Ord. 1407, 3/9/1993, Section 11; amended by Ord. 1965, 4/18/2011,
Section 1]
Any person who shall violate any provision of this ordinance
or who resist or interfere with any authorized representative of the
Municipality in the performance of his duties shall, upon conviction
thereof before any District Justice, be sentenced to pay a fine, not
less than $100 nor more than $1,000 and the costs of prosecution and,
in default of payment of any such fine and costs, may be committed
to the County Prison for a period not to exceed 30 days. Each time
that a violation occurs shall constitute a separate offense.
[Ord. 1407, 3/9/1993, Section 12;{85} amended by Ord. 1965,
4/18/2011, Section 1]
This ordinance shall have no jurisdiction over matters which
are the subject of pending or prior filings made by an aggrieved person
before any state or federal court or agency of competent jurisdiction.
Nothing contained herein shall prohibit any aggrieved person from
pursuing any civil, State or federal remedy available following completion
of proceedings under this ordinance.
