The following words, terms and phrases, when used in this Part, shall
be defined as follows, unless the context clearly indicates otherwise:
ACCESSIBLE
Being in compliance with the applicable standards set forth
in the following:
A.
The Fair Housing Act (Public Law 90-284, as amended, 42 U.S.C.
§ 3601 et seq.);
B.
The Americans with Disabilities Act of 1990 (Public Law 101-336,
42 U.S.C. § 12101 et seq., as amended);
C.
The Pennsylvania Uniform Construction Code accessibility requirements.
AGE
Includes any person 40 years of age or older, and shall also
include any other person so protected by further amendment to the
Federal Age Discrimination in Employment Act.
BOARD
The Equal Opportunity Board of Ross Township, Pennsylvania.
COMMERCIAL PROPERTY
A.
Any building, structure or facility, or portion thereof, which
is used or occupied, or is intended, arranged or designed to be used
or occupied, for the purpose of operating a business, an office, a
manufactory or any public accommodation; and
B.
Any vacant land offered for sale or lease or held for the purpose
of constructing or locating thereon any such building, structure,
facility, business concern or public accommodation.
DISABILITY or HANDICAP
Herein referred to as "disability," with respect to a person
means:
A.
Physical or mental impairment which substantially limits one
or more of such person's major life activities;
B.
Record of such an impairment; or
C.
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).
D.
For employment, "disability" means a non-job-related disability.
A non-job-related disability is a limitation of a major life function
which does not substantially interfere with the ability to perform
the essential functions of the employment which a person applies for,
is currently working at or has worked at in the past. Uninsurability
or increased cost of insurance under a group or employee insurance
plan does not render a disability job-related.
DISCRIMINATION
Any exclusion, denial, intimidation, coercion, difference
or segregation in treatment in hiring, referring for hire, promotion,
or training; in membership in employee or labor organizations; in
the advertisement, sale, lease, rental, financing or zoning of housing;
or in rendering service in places of public accommodation because
of protected class based upon race, color, religion, national origin,
ancestry or sex, gender identity or expression, sexual orientation,
disability, familial status (in housing only), age or use of a guide
or support animal because of blindness, deafness or physical disability
of any individual or independent contractor or because of the disability
of an individual with whom the person is known to have an association.
EMPLOYEE
Does not include:
A.
Any individuals who, as a part of their employment, reside in
the personal residence of the employer; or
B.
Any individual employed by said individual's parents, spouse
or child;
C.
Those employed by religious, fraternal, charitable or sectarian
corporations or associations in the direct provision of services of
the organization wherein membership is a bona fide occupational qualification,
except such corporations or associations supported, in whole or in
part, by government appropriations.
EMPLOYER
Any person who employs four or more employees, exclusive
of the parents, spouse or children of such person, including Ross
Township, its departments, boards, Board of Commissioners and authorities,
and any other governmental agency within its jurisdiction, but excluding
any religious, fraternal, charitable or sectarian organization which
is not supported in whole or part by any Ross Township appropriations.
EMPLOYMENT AGENCY
Includes any person regularly undertaking, with or without
compensation, to procure opportunities to work or to procure, recruit,
refer or place employees.
FAMILIAL STATUS
A.
One or more individuals who have not attained the age of 18
years being domiciled with:
(1)
A parent or other 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.
B.
The protections 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.
GENDER IDENTITY OR EXPRESSION
Self-perception, or perception by others, as male or female,
including a person's appearance, mannerisms, expression, behavior,
or other gender-related characteristics that may be in accord with,
or opposed to, one's physical anatomy, chromosomal sex, or sex
assigned at birth.
GUIDE OR SUPPORT ANIMAL
A dog or miniature horse that is individually trained to
do work or perform tasks for people with disabilities.
HOUSING ACCOMMODATIONS
Includes:
A.
Any building, structure, or mobile home site or facility, or
portion thereof, which is used or occupied, or is intended, arranged
or designed to be used or occupied, as the home residence or sleeping
place of one or more individuals, groups or families, whether or not
living independently of each other; and
B.
Any vacant land offered for sale or lease or held for the purpose
of constructing or locating thereon any such building, structure,
mobile home site or facility. The term "housing accommodations" shall
not include any personal residence offered for rent by the owner thereof.
HOUSING FOR OLDER PERSONS
Housing:
A.
Provided under any state or federal program that the Secretary
of Housing and Urban Development determines is specifically designed
and operated to assist elderly persons as defined in the state or
federal program; or
B.
Intended for, and solely occupied by, persons 62 years of age
or older; or
C.
Intended and operated for occupancy by at least one person 55
years of age or older per unit.
(1)
In determining whether housing qualifies as housing for older
persons under this definition, the Board's requirements shall
include but not be limited to the following:
(a)
That at least 80% of the units are occupied by at least one
person 55 years of age or older per unit; and
(b)
The 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.
(2)
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 definition.
INDEPENDENT CONTRACTOR
Includes any person who is subject to the provisions governing
any of the professions and occupations regulated by state licensing
laws enforced by the Bureau of Professional and Occupational Affairs
in the Department of State, or is included in the Fair Housing Act.
LABOR ORGANIZATION
Includes any organization which exists for the purpose, in
whole or in part, of collective bargaining or of dealing with employers
concerning grievances, terms or conditions of employment or of other
mutual aid or protection in relation to employment.
LENDING INSTITUTION
Any bank, insurance company, savings and loan association
or any other person or organization regularly engaged in the business
of lending money or guaranteeing loans.
OWNER
Includes lessee, sublessee, assignee, manager, agent, or
any other person having the right of ownership or possession or the
authority to sell, rent or lease any housing accommodation, including
Ross Township and its departments, authorities, boards and Board of
Commissioners.
PERSON
Includes 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,
independent contractor, lending institution and all authorities, boards
and Board of Commissioners 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.
PROTECTED CLASS
Any person legally protected from discrimination based upon
race, color, religion, national origin, ancestry or sex, gender identity
or expression, sexual orientation, disability, familial status (in
housing only), age or use of a guide or support animal because of
blindness, deafness or physical disability of any individual or independent
contractor, or because of the disability of an individual with whom
the person is known to have an association.
PUBLIC ACCOMMODATION RESORT OR AMUSEMENT
Any place which is open to, or accepts or solicits the patronage
of, the general public or offers goods or services to the general
public, including loans, or is listed in the Pennsylvania Human Relations
Act, Section 4(l), but shall not include any personal professional
services which are in their nature distinctly private.
REAL-ESTATE-RELATED TRANSACTION
Any of the following:
A.
The making or purchasing of loans or providing other financial
assistance for purchasing, constructing, improving, repairing or maintaining
a housing accommodation or commercial property; or
B.
The purchasing, constructing, improving, repairing or maintaining
a housing accommodation or commercial property; or
C.
The selling, brokering, using as collateral or appraising of
real property.
SEX
Male or female, and includes pregnancy.
SEXUAL ORIENTATION
Male or female homosexuality, heterosexuality and bisexuality,
by preference, practice or as perceived by others, whether or not
such perception is accurate.