reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 43 - POSTING OF NOTICES › FAIR HOUSING PRACTICES NOTICES › Section 43.14 - Giving of notice by real estate brokers and salespersons

Current through Register Vol. 54, No. 28, July 13, 2024
A real estate broker or salesperson handling transactions
						pertaining to commercial housing or housing accommodations within this
						Commonwealth shall give to every owner or seller listing housing with the
						broker or salesperson, a notice in writing, to be supplied by the Human
						Relations Commission, in a form substantially as follows:
Your attention is directed to the provisions of the
						Pennsylvania Human Relations Act, Act of October 27, 1955, as amended
						(43
						P. S. §
												951 et seq.).
This law prohibits discrimination because of race,
						color, sex, religion, ancestry or national origin in the selling, leasing or
						financing of residential housing.
All housing offered for sale is subject to the
						provisions of the law.
In the rental of housing, the provisions of the law
						apply to all residences except (1) single or two-unit buildings in which one of
						the units is occupied by the owner or lessee, and (2) rooms in a
						landlord-occupied rooming house with a common entrance.
The only general category of housing which is exempt
						from the provisions of the law is housing owned by religious, charitable,
						educational, private and fraternal organizations, and used to promote the
						religious principles or the aims, purposes or fraternal principles for which
						such organizations were established.
Note: An amendment to the Real Estate Brokers License
						  Act of May 1, 1929, act of October 11, 1967, makes it unlawful for a real
						  estate broker or salesman to accept a listing with an understanding that
						  illegal discrimination in the sale or rental of housing is to be
						  practiced.
The rules and regulations of the Pennsylvania Human
						  Relations Commission (16 Pa. Code §
													43.21) require that all licensed
						  brokers or salesmen with whom you list your property for sale or rent shall
						  give you a copy of this notice. The purpose of this notice is to help you
						  comply with the fair housing provisions of the Pennsylvania Law.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 43 - POSTING OF NOTICES › PUBLIC ACCOMMODATIONS NOTICES › Section 43.21 - Nature of notice and posting

Current through Register Vol. 54, No. 28, July 13, 2024
A person who is the owner, lessee, proprietor or manager
						of a place of public accommodation, resort or amusement, when directed by the
						Human Relations Commission (Commission), shall post and maintain at a place of
						public accommodation, resort or amusement, notices furnished by the Commission
						indicating the substantive provisions of the Pennsylvania Human Relations Act
						(43
						P. S. §§
												951-963) dealing with
						places of public accommodation, resort or amusement, where complaints may be
						filed, and other information that the Commission deems
						pertinent.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 43 - POSTING OF NOTICES › PUBLIC ACCOMMODATIONS NOTICES › Section 43.22 - Posting of notices

Current through Register Vol. 54, No. 28, July 13, 2024
Notices shall be posted conspicuously in easily
						accessible and well lighted places at the place of public accommodation, resort
						or amusement where they may be readily observed by those seeking or granting
						any of the accommodations, advantages, facilities or privileges of the places
						of public accommodation, resort or amusement.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › GENERAL PROVISIONS › Section 44.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to insure that all
						employment and public accommodations subject to the coverage of the act are
						conducted, operated, and made available in a manner which does not discriminate
						on the basis of handicap or disability and which will effectively promote
						integration of handicapped or disabled people into the mainstream of life in
						this Commonwealth.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › GENERAL PROVISIONS › Section 44.2 - Construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 shall be construed liberally for the accomplishment of the purposes of the
					 act.
(b) This chapter will be
					 construed consistently with other relevant Federal and State laws and
					 regulations except where the construction would operate in derogation of the
					 purposes of the act and this chapter.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › GENERAL PROVISIONS › Section 44.3 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter shall be subject to and will be enforced in
						accordance with the act, Chapter 42 (relating to special rules of
						administrative practice and procedure) and 1 Pa. Code Part II (relating to
						general rules of administrative practice and procedure).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › GENERAL PROVISIONS › Section 44.4 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Act
-The Pennsylvania Human Relations Act
						(43
						P. S. §§
												951-963).
Commission
-The Human Relations
						Commission.
Facility
-The term includes, but is not
						limited to, all or any portion of buildings, structures, equipment, roads,
						walks, parking lots, fixtures and other real or personal property.
Handicapped or disabled person
-Includes
						the following:
(i) A person who has or
					 is one of the following:
(A) A physical or
					 mental impairment which substantially limits one or more major life
					 activities.
(B) A record of an
					 impairment.
(C) Regarded as having
					 an impairment.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › GENERAL PROVISIONS › Section 44.5 - General prohibitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Handicapped or disabled persons may not be limited, classified or segregated in
					 a way that adversely affects their opportunities to use, enjoy or benefit from
					 employment and public accommodations subject to the coverage of the act; except
					 that this subsection may not be construed so as to impose an undue
					 hardship.
(b) Handicapped or
					 disabled persons may not be denied the opportunity to use, enjoy or benefit
					 from employment and public accommodations subject to the coverage of the act,
					 where the basis for the denial is the need for reasonable accommodations,
					 unless the making of reasonable accommodations would impose an undue
					 hardship.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › GENERAL PROVISIONS › Section 44.6 - Access

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every place of
					 employment or public accommodation for which final design and construction
					 plans are completed after November 6, 1978 shall be designed and constructed
					 without architectural and other barriers or omissions that interfere with
					 effective use and enjoyment of, benefit from, ingress to, egress from, and
					 mobility within buildings, work areas, offices, facilities, and the like, by
					 handicapped or disabled persons.
(b) After November 6, 1978, when all or part
					 of a place of employment or public accommodation is subject to substantial
					 alteration or alteration that could affect use by persons with a handicap or
					 disability, alterations shall be planned and executed without architectural and
					 other barriers or omissions that interfere with effective use and enjoyment of,
					 benefit from, ingress to, egress from, and mobility within the altered portion
					 by handicapped or disabled persons.
(c) With respect to existing facilities,
					 employers and owners, operators or providers of public accommodations shall
					 make reasonable accommodations to handicapped or disabled persons by
					 eliminating architectural and other barriers or omissions that interfere with
					 effective use and enjoyment of, benefit from, ingress to, egress from and
					 mobility within buildings, work areas, offices, facilities, and the like by
					 handicapped or disabled persons.
(d) An employer or owner, operator, provider
					 of a public accommodation shall be deemed:
(1)
					 To be exempt from the requirements of this section to the extent that they
					 impose an undue hardship.
(2) To
					 have complied with this section if design, construction or alteration is in
					 conformance with relevant specifications of one of the following:
(i) The
American National Standard
					 Specifications for Making Buildings and Facilities Accessible to, and Usable by
					 the Physically Handicapped,
published by the American National
					 Standards Institute, 1430 Broadway, New York, New York 10018.
(ii) The Department of Labor and Industry
					 Standards, 34 Pa. Code Chapter 47 Subchapter D (relating to facilities for
					 handicapped), promulgated under the act of September 1, 1965 (P. L. 459, No.
					 235) (71 P. S. §§
														1455.1-1455.3a), known as the Architectural
					 Barriers Law.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › EMPLOYMENT › Section 44.11 - Preemployment process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person may not be denied employment, promotion or another term, condition or
					 benefit of employment solely for refusing to take a test, submit to a process,
					 or answer a question prohibited by this section.
(b) An employer may not make use of an
					 employment test, device or other selection criterion that screens out or tends
					 to screen out persons with a handicap or disability unless both of the
					 following factors apply:
(1) The test, device
					 or other selection criterion is job-related for the position in question or a
					 demonstrably related position.
(2)
					 Alternative job-related tests, devices or criteria that do not screen out or
					 tend to screen out as many handicapped or disabled persons are not shown by the
					 Commission or the applicant to be available.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › EMPLOYMENT › Section 44.12 - Eliciting and disseminating information concerning an employe's handicap or disability

Current through Register Vol. 54, No. 28, July 13, 2024
Information concerning a handicap or disability, medical
						condition or medical history of an employe, whether past, present or recurring,
						shall be accorded confidentiality as medical records and shall be retained only
						through the use of forms accorded confidentiality as medical records. The
						information may only be disseminated with the permission of the employe or when
						the employer can show a demonstrable business necessity for the dissemination
						including, but not limited to, the following:
(1) Responsible supervisors may be provided
					 relevant information regarding restrictions on the work or duties of
					 handicapped or disabled persons and regarding necessary
					 accommodations.
(2) First aid,
					 safety and other personnel may be provided relevant information where
					 appropriate, if the condition might require emergency treatment or
					 extraordinary measures by the personnel in the event of a safety
					 hazard.
(3) Government agencies
					 investigating compliance with any law may be provided relevant information upon
					 request.
(4) Authorized
					 representatives of a labor organization may be provided relevant information in
					 the context of a bona fide labor dispute or grievance procedure.
(5) Insurers may be provided relevant
					 information upon request for bona fide insurance purposes.
This section cited in 16 Pa. Code §
													44.11 (relating to preemployment
						  process).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › EMPLOYMENT › Section 44.13 - Equipment modification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 employer shall make reasonable accommodations by modifying equipment and tools
					 so that they can be used by a handicapped or disabled employe; provided that
					 the modification does not impose an undue hardship upon the employer.
(b) A handicapped or disabled person shall be
					 allowed to provide his own equipment or tools in order to function properly in
					 the job applied for or engaged in.
(c) In determining whether or not an undue
					 hardship is imposed by the requirement that reasonable accommodations be made
					 in accordance with this section, factors to be considered in addition to those
					 appearing in §
											44.4 (relating to definitions)
					 include, but are not limited to:
(1) The
					 effect the modification has on use of the equipment by others.
(2) The effect the modification has on
					 warranties governing the equipment.
(3) The permissibility of making the
					 modifications under applicable health and safety laws.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › EMPLOYMENT › Section 44.14 - Job modification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 employer shall make reasonable accommodations by modifying a job, including,
					 but not limited to, modification of duties, scheduling, amount or nature of
					 training, assistance provided, and the like, provided that the modification
					 does not impose an undue hardship.
(b) Nothing in this section may be construed
					 to require application of different production, attendance or disciplinary
					 standards for the handicapped or disabled worker.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › EMPLOYMENT › Section 44.15 - Handicaps or disabilities not presently but potentially job related

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An employer may
					 not terminate, subject to different terms or conditions of employment, or
					 refuse to hire or promote an employe or applicant because of a present handicap
					 or disability which is not job-related but which may worsen and become
					 job-related or because of a past job-related handicap or disability which may
					 or may not recur; provided that this subsection is not construed so as to
					 impose an undue hardship on the employer.
(b) In determining whether or not an undue
					 hardship is imposed by the requirements of subsection (a), factors to be
					 considered in addition to those appearing at §
											44.4 (relating to definitions)
					 include, but are not limited to:
(1) The
					 length, cost and nature of training required for the job.
(2) The length of service the employer can
					 reasonably expect before the employe's handicap or disability is likely to
					 become job-related.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 44 - DISCRIMINATION ON THE BASIS OF HANDICAP OR DISABILITY › PUBLIC ACCOMMODATIONS › Section 44.21 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
If a handicapped or disabled person, with reasonable
						accommodation, meets the essential eligibility requirements for and is
						similarly situated with able-bodied persons in terms of need and desire to use,
						enjoy or benefit from a public accommodation, then reasonable accommodations
						shall be made to assure the person opportunity substantially equivalent to that
						of able-bodied persons to use, enjoy and benefit from the public accommodation
						in an integrated setting; provided that nothing in this section may be
						construed to impose an undue hardship upon an owner, operator or provider of a
						public accommodation, and provided further that nothing in this section may be
						construed so as to impose a demonstrable and serious threat of harm to the
						handicapped or disabled person or a demonstrable threat of harm to the health
						and safety of others.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter insures that housing accommodations and
						commercial property subject to the coverage of the act are operated and made
						available in a manner that does not discriminate on the basis of one or more of
						the following:
(1) Familial status,
					 age, race, color, religious creeds, ancestry, handicap or disability, sex or
					 national origin.
(2) The use of a
					 guide or support animal because of the blindness, deafness or physical handicap
					 of the user or because the user is a handler or trainer of guide or support
					 animals.
(3) The handicap or
					 disability of an individual with whom the person is known to have a
					 relationship or association.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.2 - Construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 will be liberally construed for the accomplishment of the purposes of the
					 act.
(b) This chapter shall be
					 construed consistently with other Federal and State laws and regulations except
					 when to do so would operate in derogation or limitation of the purpose of the
					 act and this chapter.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.3 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter will be subject to and enforced in
						accordance with the act, Chapter 42 (relating to special rules of
						administrative practice and procedure) and 1 Pa. Code Part II (relating to
						general rules of administrative practice and procedure).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.5 - General prohibitions; undue hardship

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may not limit or classify or
					 segregate a person with a handicap or disability in any way that adversely
					 affects the person with a handicap or disability's opportunities to use, enjoy
					 or benefit from housing accommodations or commercial property subject to the
					 coverage of the act. This section does not prohibit a housing accommodation or
					 commercial property provider from limiting the housing accommodation or
					 commercial property to, or giving preference in the housing accommodation or
					 commercial property to, persons with handicaps or disabilities.
(b) A person may not deny a person with a
					 handicap or disability the opportunity to use, enjoy or benefit from housing
					 accommodations or commercial property subject to the coverage of the act if the
					 basis of the denial is the need for reasonable accommodations.
(1) A person may not refuse to make
					 reasonable accommodations in rules, policies, practices and procedures when the
					 accommodations may be necessary to afford a person with a handicap or
					 disability equal opportunity to use and enjoy a dwelling unit, including public
					 and common use areas.
(2) A
					 modification of premises is a type of accommodation.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.6 - Modifications of premises

Current through Register Vol. 54, No. 28, July 13, 2024
A person with a handicap or disability shall be allowed
						to make at his expense, reasonable modifications of existing premises, which
						are occupied or to be occupied by the person, if the modification may be
						necessary to afford the person full enjoyment of the premises. In the case of a
						rental, the landlord may, if it is reasonable to do so, require the renter to
						restore the interior of the premises to the condition that existed before the
						modification, excepting reasonable wear and tear.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.7 - Unlawful discriminatory practices

Current through Register Vol. 54, No. 28, July 13, 2024
It is an unlawful discriminatory practice for a person,
						because of the protected class of a person applying for purchase or rent, the
						protected class of an owner, occupant or user, or the protected class of a
						person seeking financing for housing accommodation or commercial property, to
						do one or more of the following:
(1)
					 Offer or impose different or special terms or conditions in connection with the
					 selling, renting or leasing of commercial property or housing
					 accommodation.
(2) Offer or impose
					 different or special terms or conditions in connection with the loan of money
					 for the acquisition, construction, rehabilitation, repair or maintenance of
					 housing accommodations or commercial property.
(3) Offer or impose different or special
					 terms or conditions in connection with the tenancy, ownership or occupancy of
					 any housing accommodation or commercial property.
(4) Offer or impose different or special
					 terms or conditions in the furnishing of facilities of housing accommodation or
					 commercial property.
(5) Offer or
					 impose different or special terms and conditions in making available any real
					 estate related transaction, including a secondary real estate financing
					 transaction.
(6) Refuse to sell,
					 lease, rent or finance, or refuse to negotiate for the sale, lease, rental or
					 financing of housing accommodations or commercial property.
(7) Deny a person access to or membership in,
					 a multiple listing service, real estate brokers' organization or other
					 services.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.8 - Advertisements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful
					 for a person to indicate in advertising that the housing that the person is
					 offering for sale or lease is exempt from the act or to offer a preference,
					 limitation or discrimination in the advertising of that exempt
					 property.
(b) This section does not
					 restrict the inclusion of applicable age and familial status requirements in
					 advertisments of dwellings which are intended and operated for occupancy by
					 older persons and which constitute housing for older persons as defined by
					 §
											45.4 (relating to
					 definitions).
The provisions of this §
													45.8 amended under sections 1-6 of
						  the Pennsylvania Human Relations Act (43 P. S. §§
														954,
						  955,
						  959,
						  959.1,
						  959.3,
						  963 and
						  959.1).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.9 - Governmental units

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 governmental unit or political subdivision may not take an action which would
					 have the effect of denying equal access to housing accommodations or commercial
					 property within the subdivision, to any person on the basis of a protected
					 class. It is not a defense to the action that the governmental act in question
					 was the result, in whole or in part, of public opposition to the efforts of the
					 member of the protected class to obtain housing accommodations or commercial
					 property within the political subdivision.
(b) Activity by a political subdivision or
					 governmental unit which is prohibited when based upon a person or person's
					 protected class includes, but is not limited to:
(1) An action, including the furnishing of
					 services, which directly or indirectly affects housing accommodations or
					 commercial property.
(2) An action
					 taken by a unit of the political subdivision or governmental unit such as a
					 zoning board or planning commission. Prohibited actions by the subdivision and
					 by these boards and commissions include the consideration of the protected
					 class of any person in the development or application of zoning and building
					 codes, occupancy requirements, land use plans, comprehensive plans or long
					 range plans.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.10 - Illegal inquiries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
					 unlawful to make an inquiry to determine whether an applicant for a housing
					 accommodation or commercial property, a person intending to reside in, occupy
					 or use that housing accommodation or commercial property after it is sold,
					 rented or made available, or any person associated with that a person, is a
					 member of a particular protected class.
(b) It is unlawful to make an inquiry to
					 determine whether an applicant for a housing accommodation or commercial
					 property, a person intending to reside in, occupy or use that housing
					 accommodation or commercial property after it is sold, rented or made
					 available, or a person associated with that person, has a handicap or
					 disability, or to make inquiry as to the nature or severity of a handicap or
					 disability of the person. This subsection does not prohibit the following
					 inquiries, if these inquiries are made of all applicants, whether or not they
					 have handicaps or disabilities:
(1) An inquiry
					 into an applicant's ability to meet the requirements of ownership or
					 tenancy.
(2) An inquiry to
					 determine whether an applicant is qualified for a dwelling available only to
					 persons with a handicap or particular type of handicap.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.11 - Coercion, threats and intimidation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is an unlawful discriminatory activity
					 to:
(1) Coerce a person, either orally, in
					 writing, or by other means to deny or limit the benefits provided that person,
					 in connection with the sale or rental of a housing accommodation or commercial
					 property or in connection with a real estate-related transaction because of
					 protected class.
(2) Threaten,
					 intimidate or interfere with persons in their enjoyment of a housing
					 accommodation or commercial property because of the protected class of any
					 person including, but not limited to, visitors or associates of the
					 persons.
(3) Threaten an employe or
					 agent with dismissal or an adverse employment action, or take such adverse
					 employment action, for any effort to assist a person seeking access to the sale
					 or rental of a dwelling or seeking access to any residential real
					 estate-related transaction, because of the protected class of the person
					 seeking access.
(4) Intimidate,
					 threaten, interfere or discriminate against any person because that person is
					 engaging in activities designed to make other persons aware of, or encouraging
					 other persons to exercise, rights granted or protected by this part.
(5) Retaliate, intimidate, threaten,
					 interfere or discriminate against a person because that person has opposed a
					 practice forbidden in the act, or because the individual has made a charge,
					 testified or assisted in an investigation, proceeding or hearing under the act
					 or any act which prohibits practices prohibited by the act.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.12 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
It is an unlawful discriminatory practice for any person
						to make or keep, unless required by Federal, State or local requirements, those
						requirements, including those contained in a consent order entered into with
						the Commission, a record or form of application containing questions which
						could tend to reveal a protected class in connection with a real estate related
						transaction or the selling, leasing or financing of housing accommodation or
						commercial property. The request for photographs of persons is considered a
						violation of this section.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.13 - Exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 5(h) of
					 the act (43 P. S. §
												955(h)) does not prohibit
					 the following:
(1) A religious or
					 denominational institution or organization, or a charitable or educational
					 organization which is operated, supervised or controlled by or in conjunction
					 with a religious organization, 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 denomination, or from giving preference to
					 these persons, unless membership in the religion is restricted because of race,
					 color or national origin.
(2) A
					 private club or fraternal organization, not in fact open to the public, which,
					 incident to its primary purpose, provides lodgings which it owns or operates
					 for other than a commercial purpose, from limiting the rental or occupancy of
					 the lodgings to its members or from giving preference to its
					 members.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter A - REGULATIONS › Section 45.14 - Attorney fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If, upon all
					 the evidence at a public hearing, in cases alleging a violation of section
					 5(d), (e) or (h) or 5.3 of the act (43 P. S. §§
												955(d), (e) and (h) and
					 955.3) when the underlying
					 complaint is a violation of section 5(h) or 5.3, the Commission finds that a
					 respondent has engaged in or is engaging in an unlawful discriminatory practice
					 as defined in the act, the Commission may award attorney fees and costs to
					 prevailing complainants. If the complainant in an appropriate housing case
					 desires attorney fees and costs as a part of his remedy, evidence of the costs
					 and fees shall be presented at the public hearing.
(b) If upon all the evidence at a public
					 hearing, in cases alleging a violation of section 5(d), (e) or (h) or 5.3 where
					 the underlying complaint is a violation of section 5(h) or 5.3 of the act, the
					 Commission finds that a respondent has not engaged in or is not engaging in an
					 unlawful discriminatory practice as defined in the act, the Commission may
					 award attorney fees and costs to a prevailing respondent if the respondent
					 proves that the complaint was brought in bad faith.
(1) If the respondent in an appropriate
					 housing case desires attorney fees and costs, evidence of bad faith on the part
					 of the complainant and evidence of the costs and fees shall be presented at the
					 public hearing.
(2) If the
					 respondent prevails and bad faith on the part of the complainant is established
					 by a preponderance of the evidence, an order requiring the payment of attorney
					 fees and costs may be issued against the complainant.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › GENERAL › Section 45.101-45.103 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › GENERAL › Section 45.121-45.126 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › GENERAL › Section 45.151-45.154 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › GENERAL › Section 45.161 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The list of
						words in §
												45.181 (relating to words to be
						avoided) does not contain every possible word and phrase that may violate the
						act. The purpose of this section is to provide as complete a list as possible.
(1) For example, while many nationalities,
						types of disabilities and races are mentioned, the list is not inclusive. Any
						word indicating ancestry, race, color, religion or disability is equally
						prohibited in the context of the real estate advertisements.
(2) The list will provide guidance on how to
						recognize the type of language that may be violative of the act.
(3) When the context of the word or phrase is
						key to its possible unlawful meaning that will be noted.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › GENERAL › Section 45.162 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, which are identical to those found in
						  section 4 of the act (43 P. S. §
													954):
Act
-The Pennsylvania Human Relations
						  Act (43 P. S. §§
													951-963).
Advertisement
or
advertising
-See
						  43
						  P. S. §
													954(3).
Advertiser
-See
						  43
						  P. S. §
													954(aa).
Housing accommodation
-See
						  43
						  P. S. §
													954(i).
Housing for older persons
-See
						  43
						  P. S. §
													954(w).
Person
-See
						  43
						  P. S. §
													954(a).
Personal residence
-See
						  43
						  P. S. §
													954(k). This
						  term applies to any person as defined in this section.
The provisions of this §
														45.162 issued under sections 1-6
							 of the Pennsylvania Human Relations Act (43 P. S.
							 §§
															954,
							 955,
							 959,
							 959.1,
							 959.1 note, 959.3 and
							 963).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › GENERAL › Section 45.163 - General rules

Current through Register Vol. 54, No. 28, July 13, 2024
The prohibited words and phrases in §
												45.181 (relating to words to be
						  avoided) are unlawful when used in housing advertisements. In addition to those
						  words and phrases, a word or phrase that is commonly understood to be offensive
						  to a group of people in a protected class also violates the
						  act.
The provisions of this §
														45.163 issued under sections 1-6
							 of the Pennsylvania Human Relations Act (43 P. S.
							 §§
															954,
							 955,
							 959,
							 959.1,
							 959.1 note, 959.3 and
							 963).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › PROHIBITED USAGES › Section 45.171 - Race/color/national origin

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful to advertise a limitation, preference or
						  discrimination on account of race, color or national origin. Examples include
						  the use of:
(1) Any color to describe
						a group of people for example, white, brown, red, black or yellow.
(2) Any nationality or race to describe a
						group of people for example, Caucasian, Negroid, Chinese, Asian Immigrant,
						French Hawaiian, Arab, Oriental, African-American, Irish, and the
						like.
(3) Landmarks or
						organizational locations which are indicative of a particular nationality or
						race, unless all of the landmarks in the area are noted-for example, if
						proximity to a specific place associated with a particular ethnic group is
						noted as a directional landmark, reference should be made to all other nearby
						comparable facilities of interest to other groups.
(4) Code words which are recognizable in a
						particular neighborhood as connoting neighborhoods that restrict certain races
						or ethnic groups. Code words are facially neutral words and phrases which are
						used in a particular circumstance which are understood to mean an illegal
						preference.
(5) Neighborhood and
						geographical landmarks such as "chinatown" and "little Italy" are acceptable
						terms if the description is used in connection with the property being sold or
						rented and not for exclusionary purposes.
(6) Phrases such as "oriental garden" and
						"kosher restaurant" are acceptable when used as a description of the property
						being sold or rented, not as a landmark for other property.
The provisions of this §
														45.171 issued under sections 1-6
							 of the Pennsylvania Human Relations Act (43 P. S.
							 §§
															954,
							 955,
							 959,
							 959.1,
							 959.1 note, 959.3 and
							 963).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › PROHIBITED USAGES › Section 45.172 - Familial status/age

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
						unlawful to advertise a preference, limitation or discrimination against
						families with children in the household or against persons 40 years of age or
						older. Examples include, the following:
(1)
						The use of any phrase which notes a preference, limitation or discrimination
						for adults, couples or singles or families without children for example-"adult
						atmosphere," "mature adults preferred," "great for retired couple or couple
						just starting out," "adult/family sections," "no kids/pets okay," "couples
						only," "ideal for singles," "adult community" or "suitable for one or two
						adults."
(2) The use of any
						colloquialisms which imply the same as those in subsection (a)(1) for
						example-"empty nesters," "honeymooners" or "swinging singles."
(3) The listing the number of children
						allowed.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › PROHIBITED USAGES › Section 45.173 - Disability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful
						to advertise a preference, limitation or discrimination against persons with
						disabilities or to advertise that the property is not accessible.
(b) It is not unlawful to describe housing as
						accessible to persons with disabilities.
The provisions of this §
														45.173 issued under sections 1-6
							 of the Pennsylvania Human Relations Act (43 P. S.
							 §§
															954,
							 955,
							 959,
							 959.1,
							 959.1 note, 959.3 and
							 963).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › PROHIBITED USAGES › Section 45.174 - Religion

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful
						to advertise a preference, limitation or discrimination on the basis of
						religion. Examples include the following:
(1)
						The use of any religious denomination-for example, Christian, Jew, Muslim or
						Buddhist.
(2) Phrases such as
						"surround yourself with Christians."
(3) The use of a particular landmark or
						location which is indicative of a particular religion.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › PROHIBITED USAGES › Section 45.175 - Sex

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful
						to advertise any preference, limitation or discrimination on the basis of sex.
						Examples include "males only need apply," "professional male preferred" or
						"perfect for single female."
(b)
						Notwithstanding the prohibitions in subsection (a), it is not unlawful to
						advertise a preference based on sex in the rental or leasing of housing
						accommodations as follows:
(1) In single-sex
						dormitory.
(2) For rooms in one's
						personal residence in which common living areas are shared.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › ADDITIONAL REQUIREMENTS › Section 45.191 - Advertisements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Advertisements
						published within this Commonwealth are covered by this chapter regardless of
						the locality of the property or financial institution.
(b) Except to the extent allowed by
						§§
												45.172(b),
						45.174(b) and
						45.175(b)
						(relating to familial status/age; religion; and sex), it is unlawful to
						advertise any discriminatory preference or limitation, even if the property is
						otherwise exempt from coverage under the act.
(c) When an advertising campaign includes
						pictures of individuals or families, the advertiser has the responsibility to
						alternate the picture from time to time to include a variety of protected
						classes in the advertisement.
The provisions of this §
														45.191 issued under sections 1-6
							 of the Pennsylvania Human Relations Act (43 P. S.
							 §§
															954,
							 955,
							 959,
							 959.1,
							 959.1 note, 959.3 and
							 963).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › ADDITIONAL REQUIREMENTS › Section 45.192 - Affirmative defenses

Current through Register Vol. 54, No. 28, July 13, 2024
It shall be an affirmative defense precluding a finding
						  that an advertiser has knowingly and willfully violated the act and this
						  subchapter if the advertiser has complied with one of the following:
(1) Attempted, in good faith, to comply with
						the list and specific examples of impermissible housing advertisements
						described in this subchapter.
(2) A
						written advisory of the Commission concerning what constitutes appropriate
						housing advertisements. The Commission will maintain the written advisory on
						file and provide a copy of the advisory to the advertiser. To obtain an
						advisory, the advertiser shall telephone the Commission Housing Division at
						(717) 787-4055 or write to the Commission, 101 S. Second Street, Suite 300,
						Post Office Box 3145, Harrisburg, Pennsylvania 17105-3145, Attn: Housing
						Division, and indicate the language of the advertisement in question.
						Appropriate Commission housing staff will inform the advertiser of its decision
						on the ad and follow-up with a written advisory within 10 working
						days.
(3) Made reasonable efforts
						in good faith to comply with the act.
The provisions of this §
														45.192 issued under sections 1-6
							 of the Pennsylvania Human Relations Act (43 P. S.
							 §§
															954,
							 955,
							 959,
							 959.1,
							 959.1 note, 959.3 and
							 963).
This section cited in 16 Pa. Code §
														45.161 (relating to purpose); and
							 16 Pa. Code §
														45.193 (relating to good faith
							 efforts).