[HISTORY: Adopted by the Borough Council of the Borough of Sayre 1-15-1979
by Ord. No. 542. Amendments noted where applicable.]
This chapter is to be known and may be cited as the "Fair Housing Ordinance."
As used in this chapter, unless a different meaning clearly appears
from the content, the following terms shall have the following meanings:
The Human Relations Commission of the Borough of Sayre.
Any difference in treatment in the sale, lease, rental or financing
of housing units or housing accommodations because of race, color, religion,
creed, ancestry, age, national origin, use of a guide dog because of blindness
of the user or handicap or disability.
A single room or suite of rooms or an apartment or dwelling occupied
or intended for occupancy as separate living quarters by an individual or
a family or a parcel of real property or a lot available for the construction
of a housing unit.
Any person, as defined in this chapter, regularly engaged in the
business of lending money or guaranteeing loans.
Includes the lessee, sublessee, assignee, managing agent or other
person having the right of ownership or possession or the right to sell, rent
or lease any housing unit which is part of a housing accommodation or to furnish
services in connection therewith.
Includes an association, partnership or corporation, as well as a
natural person. When applied to partnerships or other associations, it includes
their members, and as applied to corporations, it includes the officers of
the corporations.
Any natural person, partnership, association or corporation who,
for a fee or other valuable consideration or other purposes, 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 himself/herself
out as engaged in the business of selling, purchasing, exchanging or renting
the real property of another or collects rental for the use of the real property
of another or attempts to secure the listing for sale or rental of a housing
unit 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.
Any person employed by a real estate broker to perform or to assist
in the performance of any or all of the functions of a real estate broker
or providing any services in connection therewith.
This chapter applies to discriminatory housing units located within
territorial limits of the Borough of Sayre.
A.
No real estate broker or real estate salesperson or agent
or owner or other person shall refuse to sell, lease, sublease, rent, assign
or otherwise transfer or refuse to negotiate for the sale, lease, sublease,
rental, assignment or other transfer of the title, leasehold or other interest
in any housing unit to any person or represent that a housing unit is not
available for inspection, sale, lease, sublease, rental, assignment or other
transfer when in fact it is so available or otherwise deny or withhold any
housing unit from any person because of race, color, religion, creed, ancestry,
age, sex, national origin, use of a guide dog because of blindness of the
user, handicap or disability.
B.
No owner shall refuse to sell, lease, sublease, rent,
assign or otherwise transfer the title, leasehold or other interest in any
housing unit, which is part of a housing accommodation, to any person or otherwise
deny or withhold such housing unit or deny or withhold the furnishing of services
in connection therewith from any person because of race, color, religion,
creed, ancestry, age, sex, national origin, use of a guide dog because of
the blindness of the user, handicap or disability.
C.
No real estate broker or real estate salesperson or agent
shall include in the terms, conditions or privileges or services in connection
therewith of any sale, lease, sublease, rental, assignment or other transfer
of any housing unit any clause, condition or restriction discriminating against
any person in the use or occupancy of such housing unit because of race, color,
religion, creed, ancestry, age, sex, national origin, use of a guide dog because
of blindness of the user, handicap or disability.
D.
No person shall include in the terms, conditions or privileges
of the sale, lease, sublease, rental, assignment or other transfer of a housing
unit, which is part of a housing accommodation, any clause, condition or restriction
discriminating against any person in the use or occupancy of such housing
unit because of race, color, religion, creed, ancestry, age, sex, national
origin, use of a guide dog because of the blindness of the user, handicap
or disability.
E.
No person shall discriminate in the furnishing of any
facilities or services for a housing unit, which is part of a housing accommodation,
because of race, color, religion, creed, ancestry, age, sex, national origin,
use of a guide dog because of the blindness of the user, handicap or disability.
F.
No real estate broker, real estate salesperson or agent,
owner or any other person or any lending institution shall publish or circulate
or cause to be published or circulated any form of application for the purchase,
lease, rental or financing of housing, or make any record or inquiry in connection
with the prospective purchase, rental or lease of housing, which expresses
directly or indirectly any limitation, specification or discrimination as
to race, color, religion, creed, ancestry, age, sex, national origin, use
of a guide dog because of the blindness of the user, handicap or disability
or any intent to make any such limitation, specification or discrimination.
G.
No person, whether or not a real estate broker, real
estate salesperson or agent, owner or lending institution shall aid, incite,
compel, coerce or participate in the doing of any act declared to be an unlawful
housing practice under this chapter or obstruct or prevent enforcement of
compliance with the provisions of this chapter or of any rule, regulation
or order of the Commission or attempt, directly or indirectly, to commit any
act declared by this chapter to be an unlawful housing practice.
Nothing in this chapter shall bar any religious or denominational institution
or religious or denominational organization which is operated, supervised
or controlled by or in connection with a religious organization from limiting
admission to or giving preference to persons of the same religion or denomination
or from making such selection as is calculated by such organization to promote
the religious principles for which it is established or maintained, as long
as such selection or preference is not on the basis of race, color, creed,
ancestry, age, sex, national origin, use of a guide dog because of the blindness
of the user, handicap or disability.
The Commission on Human Relations is hereby vested with the authority
to administer and enforce this chapter and in connection therewith may promulgate
and issue regulations.
A.
Any individual claiming to be aggrieved by an unlawful
housing practice may make, sign and file with the Commission a verified complaint,
in writing, which shall state the name and address of the person or persons
alleged to have committed the unlawful practice and the particulars thereof.
The complaint shall also contain such other information as may be required
by the Commission. The Commission, upon its own initiative, may, in like manner,
sign and file a complaint. The Commission, however, shall not accept a complaint
from any person who has filed a complaint with the Pennsylvania Human Relations
Commission with respect to the same grievance. The Commission or the complainant
shall have the power reasonably and fairly to amend any complaint, and the
respondent shall have like power to amend his answer.
B.
After the filing of any complaint, the Commission shall
make a prompt investigation. In the conduct of such investigation, the Commission
may issue subpoenas to any person charged with an unlawful practice to furnish
information, records or other documents.
C.
If it shall be determined after such investigation that
there is no basis for the allegations in the complaint, the Commission shall,
within 10 days from such determination, cause to be issued and served upon
the complainant written notice of such determination. The notice shall also
state that the complaint will be dismissed unless, within 10 days after such
service, the complainant or his attorney files with the Commission a request
for a review hearing. The Commission shall, upon request for such a hearing,
provide the complainant and his attorney, if any, an opportunity to appear
before the Commission, a member thereof or a staff representative of the Commission,
at the election of the Commission, to present such additional information
as may be available to support the allegations of the complaint. If, after
such a hearing, the Commission or its representative determines that there
is no basis for the allegation, the complaint shall be dismissed, and there
shall be no appeal from such a decision.
D.
If the Commission, after investigation, determines that
probable cause exists for the allegation of the complaint, the Commission
may immediately endeavor to eliminate the unlawful practice complained of
by persuasion.
E.
If the Commission, in its discretion, finds that it is
not feasible to eliminate such unlawful practices by persuasion, the Commission
shall cause to be issued and served a written notice, together with a copy
of such complaint as originally filed or as the same may have been amended
by the Commission, requiring the party named in such complaint, hereinafter
referred to as "respondent," to answer the charges of such complaint at a
hearing before the Commission at a time and place to be specified in such
notice. The Commission may designate one or more of its members to preside
at such meeting or it may at its election conduct said hearing en banc.
F.
The case in support of the complaint shall be presented
to the Commission by its attorney or by a member of its staff. The respondent
shall file a written verified answer to the complaint and may appear at such
hearing in person or with counsel. The Commission shall not be bound by the
strict rules of evidence prevailing in courts of law or equity. The testimony
taken at the hearing shall be under oath and shall be transcribed.
G.
If, upon all the evidence at the hearing, the Commission
shall find the respondent has been engaged in or is engaged in any unlawful
practice, the Commission shall state its findings of fact and shall issue
and cause to be served on the respondent an order requiring the respondent
to cease and desist from such unlawful practice or practices and to take such
affirmative action which, in the judgment of the Commission, will effectuate
the purposes of this chapter.
H.
An order by the Commission may require the respondent
to file a report showing compliance and the procedure adopted to effect compliance.
I.
If, upon all the evidence, the Commission shall find
that the respondent has not engaged in any unlawful practice, the Commission
shall state its findings of fact and shall dismiss the complaint. Notice of
such action shall be given to the complainant and respondent.
J.
Any party aggrieved by any order of the Commission may
appeal to any court of competent jurisdiction within 30 days after the mailing
of notice of such order to the aggrieved party or his attorney by the Commission.
K.
If no appeal is taken within 30 days, the order of the
Commission shall be final and conclusive and shall not be subject to review
by any court in any action, including any proceedings to obtain enforcement.
L.
No complaint shall be considered unless it is filed with
the Commission within 90 days after the occurrence of the alleged unlawful
practice.
A.
In the event that the respondent refuses or fails to
comply with any order of the Commission or violates any of the provisions
of this chapter, the Commission shall certify the case and the entire record
of its proceedings to the Borough Solicitor, who may certify the case and
record to an appropriate court and seek enforcement or compliance with the
order of the Commission. If an appeal has been taken by the respondent, the
Borough Solicitor may move to consolidate the appeal and enforcement proceedings.
[Amended 10-21-1991 by Ord. No. 686]
Any person, firm or corporation who shall willfully resist, prevent,
impede or interfere with the Commission, its members, agents or agencies in
the performance of duties pursuant to this chapter or who or which shall violate
any order of the Commission or who or which shall violate or fail to comply
with any of the provisions of this chapter shall, upon conviction, be sentenced
to pay a fine of not more than $600 and costs of prosecution and, in default
of payment of such fine and costs, be imprisoned for a term not exceeding
30 days, in addition to such order or decree that may be issued by any court.
