[HISTORY: Adopted by the Borough Council of the Borough of
Albion 4-16-1981 by Ord. No. 1981-2 (Ch. 11, Part 1, of the 2003 Code of Ordinances). Amendments
noted where applicable.]
The Council of the Borough of Albion, Erie County, Pennsylvania,
ordains that this chapter shall be known as the "Albion Borough Open
Housing Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Housing accommodations held or offered for sale or rent by
a real estate broker, salesman or agency, or by any other person pursuant
to authorization of the owner, by the owner himself, or by legal representative,
but shall not include any personal residence offered for rent by the
owner or lessee thereof or by a broker, salesman, agent or employee.
Any building or structure or portion thereto 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 vacant land offered for sale or lease for commercial housing.
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, agent, employer, lending institution and
all political subdivisions, authorities, boards and commissions.
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 thereof as a bona fide residence
for himself and any other member of his family forming his household.
It shall be an 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 race, color, religious creed, ancestry,
sex or national origin of any prospective owner, occupant or user
of such 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 to any person because of the race, color, religious
creed, ancestry, sex or national origin of the user of such commercial
housing.
C.
Discriminate against any person in the terms or conditions of selling
or leasing of any commercial housing or in furnishing facilities,
services or privileges in connection with the ownership, occupancy
or use of any commercial housing because of race, color, religious
creed, ancestry, sex or national origin or any present or prospective
owner, occupant or user of such commercial housing, or to discriminate
against any person in 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 or national origin 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
specification, or discrimination based upon race, color, religious
creed, ancestry, sex or national origin 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.
[Added 8-20-1981 by Ord.
No. 1981-5]
The Borough Secretary, or a person designated by the Secretary,
shall serve as compliance officer for the purpose of enforcing the
provisions of this chapter. It shall be the responsibility of the
compliance officer to advise the public that any complaints of discrimination
in the sale, rental or financing of housing should be reported directly
to him/her, to notify the local banks and realtors on an annual basis
of the provisions of said chapter and to document all activities relating
to the above.
[Amended 8-20-1981 by Ord. No. 1981-5; 11-20-2003 by Ord. No. 2003-1; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not less than $50 nor
more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough correctional
facility for a period not exceeding 10 days or to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Erie County
