The purpose of this chapter is to prohibit discriminatory practices in real estate sale or rental and to establish a procedure on notice of violations.
[HISTORY: Adopted by the City of Council of the City of Chester 11-24-1982 by Ord. No. 32-1982 (Art. 1722 of the 1978 Codified Ordinances). Amendments noted where applicable.]
[Amended 12-24-1998 by Ord. No. 26-1998]
As used in this chapter, certain terms are defined as follows:
Means housing accommodations held or offered for sale or rent by a real estate broker, salesman or agent or any other person pursuant to authorization of the owner; by the owner himself; or by legal representatives, but shall not include any personal residence offered for rent by the owner or lessee thereof or by his broker, salesman, agent, legal representative or employee.
Means any difference in treatment in the sale, lease, rental or financing of housing units or housing accommodations because of race, color, religion, sex, or national origin.
Means the individual(s) designated by resolution of Council as the person(s) for handling alleged violations under this chapter.
Means any building, structure 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, and any vacant land offered for sale or lease for housing.
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 the City and its departments, boards and commissions.
Means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees-in-bankruptcy, receivers and fiduciaries.
Means 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 12-24-1998 by Ord. No. 26-1998]
A.
No person shall:
(1)
Refuse to negotiate for the sale, lease or financing of commercial housing because of race, color, religion, sex, national origin, familial status, age and disability;
(2)
Refuse to sell, lease, finance or otherwise deny or withhold any commercial housing from any person because of race, color, religion, sex, national origin, familial status, age and disability;
(3)
Discrimination against any person in the terms or conditions of selling or leasing any dwelling or in furnishing facilities, services or privileges in connection with ownership, occupancy or use of any dwelling because of race, color, religion, sex, national origin, familial status, age and disability;
(4)
Discrimination 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 or commercial housing because of race, color, religion, sex, national origin, familial status, age, and disability; or
(5)
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 or commercial housing which indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, national origin, familial status, age and disability.
B.
Exceptions. Nothing herein contained shall limit the sale, or occupancy of dwellings owned or operated by a religious organization for other than commercial purposes to persons of that same religion, provided that membership in such religion is not based on race, color, religion, sex, national origin, familial status, age and disability.
The following establishes the procedure for notifying the Fair Housing Officer of alleged violations of this chapter. It also establishes the procedure to be followed by that Officer upon receipt of such notice.
A.
Any individual claiming to be aggrieved by any unlawful discriminatory housing practice covered by this chapter shall, within 10 days after the alleged discriminatory housing practice occurs, file with the Officer a notice, in writing, which shall state:
(1)
The alleged unlawful discriminatory housing practice complained of;
(2)
The name and address of the person alleged to have committed the unlawful discriminatory housing practice complained of;
(3)
When the unlawful discriminatory housing practice occurred; and
(4)
Where the unlawful discriminatory housing practice occurred.
B.
Within five days after the receipt of such notice, the Officer shall forward a copy of same, by certified mail, return receipt requested, to the person alleged to have violated this chapter.
C.
After mailing such notice to the person alleged to have violated this chapter, the Officer shall review and investigate the alleged discriminatory practice complained of.
D.
At the conclusion of the Officer's review and investigation, he shall prepare a written statement of his findings and shall notify, in writing, both the complaining party and the person alleged to have violated this chapter of such findings. A copy of such written findings shall be kept on file by the Officer.
E.
Reporting a housing complaint with the Officer does not preclude the complainant from filing a formal complaint directly with either the Pennsylvania Human Relations Commission or the Department of Housing and Urban Development under Title VIII of the Civil Rights Act of 1968. Complaints concerning any property owned by the Chester Housing Authority shall be precluded under this chapter.
[Amended 6-6-1990 by Ord. No. 4-1990]
Whoever violates the provisions of this chapter shall, upon conviction in a summary proceeding, be fined not more than $600 and costs and, in default of payment thereof, shall be imprisoned not more than 90 days, all in accordance with the Civil Rights Act of 1968. In addition thereto, such person may be enjoined from continuing such violation.