[Ord. 2168, passed 2-7-1994]
This chapter may be cited as the "Penn Hills Fair Housing Ordinance."
[Ord. 2168, passed 2-7-1994]
It is hereby declared to be the policy of the Municipality of Penn Hills, in the exercise of its powers for the protection of public safety and the general welfare, to assure equal opportunity for all persons to live in decent housing facilities, free from restrictions because of color, race, religion, ancestry, national origin, sex, handicap, or place of birth.
To accomplish these goals, it shall be the policy of the Municipality of Penn Hills to prohibit discrimination because of race, color, religion, ancestry, national origin, sex, handicap, place of birth, or familial status in housing and public accommodation.
[Ord. 2168, passed 2-7-1994]
This chapter applies to discriminatory practices, including discrimination in housing and public accommodations, which occur within the territorial limits of Penn Hills.
[Ord. 2168, passed 2-7-1994]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from context:
Include any difference in treatment based on color, race, religion, ancestry, national origin, sex, handicap or place of birth.
One or more individuals (who have not attained the age of 18 years) being domiciled with:
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.
A building, structure or portion thereof which is used or occupied, or is intended, arranged, or designed to be used or occupied, as a home, residence, or sleeping place by a person, family, or a group of persons living together; or
A parcel of real property or lot available for the construction of a housing accommodation.
Any bank, insurance company, savings and loan association, or any other person regularly engaged in the business of lending money or guaranteeing loans.
Includes the owner, co-owner, lessee, sublessee, mortgagee, assignee, manager, agent, or any other person having the right of ownership or possession of, or the authority to sell, rent, or lease, any housing accommodation, or any person having an equitable or security interest in any housing accommodation.
Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, receivers, and fiduciaries.
Includes any place or business which is open to or accepts or solicits the patronage of the general public for the purpose of short term housing or overnight accommodation, such as, but not limited to, motels and hotels.
Any natural 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 engaged in the business of managing, selling, purchasing, exchanging, or renting the real property of another, or collects rent for the use of the real property of another, and includes real estate salesmen or agents or any other person employed by a real estate broker to perform or to assist in the performance of his business.
[Ord. 2168, passed 2-7-1994]
(a)
Nothing in this chapter [except Subsection (b) below] shall apply to:
(1)
Any single-family house sold or rented by an owner, provided that such private individual owner does not own more than three such single-family houses at any one time; provided further that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four-month period; provided further that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds of the sale or rental of more than three such single-family houses at any one time; and provided further that, after December 31, 1969, the sale or rental of any such single-family house shall be excepted from this chapter only if such house is sold or rented: (a) without the use in any manner of the sales or rental facilities, or the sales or rental services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman or person, and (b) without the publication, posting or mailing, after notice of any advertisement or written notice in violation of this chapter; however nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or transfer the title.
(2)
Rooms or units in dwellings containing living quarters occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(b)
For purposes of Subsection (a)(2) above, a person shall be deemed to be in the business of selling or renting dwellings if the person:
(1)
Has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2)
Has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3)
Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
[Ord. 2168, passed 2-7-1994]
It shall be an unlawful housing practice, except as otherwise provided in this section:
(a)
For any owner, real estate broker or any other person to refuse to sell, lease, sublease, rent, assign or transfer, or to refuse to negotiate for the sale, lease, sublease, rental, assignment or other transfer, of the title, leasehold, or other interest in any housing accommodation by representing that such housing accommodation is not available for inspection, sale, lease, sublease, rental, assignment or other transfer when in fact it is so available, or otherwise to deny or withhold any housing accommodation from any person because of race, religion, ancestry, color, national origin, sex, handicap, familial status, or place of birth, 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 the title, leasehold, or other interest in any housing accommodations.
(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 housing accommodation any clause, condition or restriction discriminating against any person or requiring any other person to discriminate against any person in the use or occupancy of such housing accommodation because of race, color, religion ancestry, national origin, sex, handicap, familial status or place of birth.
(c)
For any person, including any owner or real estate broker, to discriminate in the furnishing of any facilities or services for any housing accommodation because of race, color, religion, ancestry, national origin, sex, handicap, place of birth, or familial status.
(d)
For any person, including any owner or real estate broker, to publish, circulate, issue or display, or cause to be circulated, issued or displayed, any communication, notice, advertisement or sign of any kind relating to the sale, rental, lease, sublease, assignment, transfer or listing of a housing accommodation or accommodations which indicates any preference, limitation, specification or discrimination based on race, color, religion, ancestry, national origin, sex, place of birth, or familial status.
(e)
For any person, including any bank, banking organization, mortgage company, insurance company or other financial or lending institution, or any agents or employee thereof, to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodations or housing accommodations:
(1)
To discriminate against any person or group of persons because of race, color, religion, ancestry, national origin, sex, handicap, place of birth or familial status of such person or group of persons or of the prospective occupants or tenants of such housing accommodation in the granting, withholding, extending, modifying, or reviewing, or in the rates, terms, conditions, or privileges of any such financial assistance in the extension of services in connection therewith;
(2)
To use any form of application for such financial assistance or make any record of inquiry in connection with applications for such financial assistance which indicates, directly or indirectly, any limitation, specification or discrimination as to race, color, religion, ancestry, national origin, sex, handicap, place of birth or familial status, or any intent to make any such limitation, specification or discrimination.
(f)
For any real estate broker or real estate salesman or agent, or any other person for business or economic purposes, to induce, directly of indirectly, the sale or rental or the listing for sale or rental, of a housing accommodation by representing that a change has occurred or will or may occur with respect to the racial, religious or ethnic composition of the street, block, neighborhood or area in which said housing accommodation is located.
(g)
For any person, whether or not a real estate broker, real estate salesman or agency, owner or lending institution to aid, incite, compel, coerce or participate in the doing of any act declared to be an unlawful housing practice under this chapter, or to obstruct or prevent enforcement or compliance with the provisions of this chapter or any rule, regulation or order of Council, or to attempt directly or indirectly to commit any act declared by this chapter to be an unlawful housing practice.
Nothing in this chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. |
[Ord. 2168, passed 2-7-1994]
It shall be an unlawful public accommodation practice:
(a)
For the owner, lessee, proprietor, manager, superintendent, agent or employee of any business for public administration to:
(1)
Refuse, withhold from or deny to any person because of his race, color, religion, ancestry, national origin, sex, handicap or place of birth, either directly or indirectly, any of the accommodations, advantages, facilities, services or privileges, products or goods of such place of public accommodation.
(2)
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, goods, products, services and privileges of any such place shall be refused, withheld or denied to any person on account of race, color, religion, ancestry, national origin, or place of birth, or that the patronage of any person of any particular race, color, religion, ancestry, national origin, or place of birth is unwelcome, objectionable, or not acceptable, desired, or solicited.
[Ord. 2168, passed 2-7-1994]
(a)
All leases for housing must be in writing, and the tenant shall receive a copy prior to the first day of his or her tenancy.
(b)
If a buyer or prospective tenant is denied financing or denied rental of a housing accommodation, the reasons for such denial shall be in writing, with a copy provided to the prospective buyer/tenant.
[Ord. 2168, passed 2-7-1994]
No person, whether or not within the named classifications set forth in this chapter, shall aid, incite, compel, coerce or participate in the doing of any act declared to be an unlawful practice under this chapter, or obstruct or prevent enforcement of compliance with the provisions of this chapter or any rule, regulation or order of Council or attempt directly or indirectly to commit any act declared by this chapter to be an unlawful practice.
[Ord. 2168, passed 2-7-1994]
(a)
A complaint charging that any person has engaged or is engaging in any unlawful practice as set forth in this chapter may be made by an aggrieved resident.
(b)
The complaint shall be in writing, signed and verified, and include the name and address of the person or persons alleged to have committed the unlawful practice and the particulars thereof and such other information as may be required by the Planning and Development Department.
(c)
The Planning and Development Department shall review each complaint and shall forward the complaint to the appropriate County, State, or Federal agency, or any other appropriate agency, within 30 days of the formal complaint. Each and every party to the complaint shall be notified of the Planning and Development Department's action.
(d)
New information or facts after the Planning and Development Department has forwarded the original complaint shall be forwarded directly to the agency to which the Planning and Development Department sent the complaint.
(e)
The Planning and Development Department may, of its own volition, attempt to negotiate an equitable solution to the problem. Suggestions from the Planning and Development Department are non-binding on either party; however, if accommodation and agreement is reached, the terms to which both parties are agreeing and consenting shall be reduced to writing and treated as a normal legal agreement between both parties.
(f)
If, in the opinion of the Planning and Development Department, irreparable harm may result if the alleged unlawful act would continue or be consummated during the period that the complaint is being forwarded, the Planning and Development Department may request the Municipal Manager to seek an injunction restraining the action until such time as procedures pursuant to this chapter can be normally concluded.
[Ord. 2168, passed 2-7-1994]
In the event the respondent refuses or fails to comply with the terms of this chapter or violates any of the provisions of this chapter, the Planning and Development Department shall forward the case to the Municipal Attorney who shall invoke the aid of the appropriate court to secure compliance with the provisions of this chapter.
[1]
Editor's Note: See § 202.99 for general Code penalty if no specific penalty is provided.