Borough of Honesdale, PA
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Honesdale 10-8-1979 by Ord. No. 452. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 183.
Zoning — See Ch. 210.

§ 100-1 Intent.

It is the policy of the Borough of Honesdale, Wayne County, Pennsylvania, to provide within statutory limitations for fair housing throughout the Borough of Honesdale.

§ 100-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL HOUSING
Housing accommodations held or offered for sale or rent by a real estate broker, salesperson 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 sale or rent by the owner or by the owner's broker, salesperson, agent or employee.
DISCRIMINATORY HOUSING PRACTICE
Any act that is unlawful under § 100-3 of this chapter.
FAIR HOUSING ENFORCEMENT OFFICER
That person appointed by the Honesdale Borough Council who shall be responsible for accepting fair housing complaints and investigating the same on behalf of the borough.
PERSON
One or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees in bankruptcy or receivers. The term also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesperson, agent, employee or lending institution and the Commonwealth of Pennsylvania and all political subdivisions, authorities, boards and commissions thereof.
PERSONAL RESIDENCE
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 him- or herself and any members of the owner's family forming his or her household.

§ 100-3 Housing discriminatory practices.

It shall be unlawful discriminatory practice for any person to:
A. 
Refuse to sell, lease or finance or otherwise to deny or withhold commercial housing from any person because of the race, color, religious creed, ancestry or national origin of any prospective owner, occupant or user of such commercial housing.
B. 
Discriminate against any person in the terms or conditions of selling or leasing any commercial housing or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any commercial housing because of the race, color, religious creed, ancestry or national origin of any present or prospective owner, occupant or user of such commercial housing or building.
C. 
Discriminate against any persons 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 or national origin of any present or prospective owner, occupant or user of such commercial housing.
D. 
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 of commercial housing which indicates any preference, limitation, specification or discrimination based upon race, color, religious creed, ancestry or national origin.
E. 
Make any inquiry, elicit any information, make or keep any record or use any form of application containing questions or entries concerning race, color, religious creed, ancestry 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.

§ 100-4 Enforcement.

The Borough of Honesdale hereby appoints the Honesdale Borough Zoning Officer as its Fair Housing Enforcement Officer.
A. 
The Fair Housing Enforcement Officer shall receive information concerning alleged violations of this chapter from any person. Any person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur may file a complaint with the Fair Housing Enforcement Officer no later than 180 days after the alleged discriminatory housing practice occurred. Each such complaint filed with the Fair Housing Enforcement Officer shall contain:
(1) 
The name of the person aggrieved.
(2) 
The name and address of the person against whom the complaint is filed.
(3) 
A description and the address of the commercial housing which involves the alleged discriminatory housing practice.
(4) 
A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing practice.
B. 
Each such complaint filed with the Fair Housing Enforcement Officer shall be in writing and signed and shall be sworn to before a notary public.
C. 
Within 30 days of the Fair Housing Enforcement Officer's receipt of each such complaint, the Fair Housing Enforcement Officer shall undertake and complete an investigation of the complaint to determine the accuracy of statements contained therein. If, upon such investigation, the Fair Housing Enforcement Officer finds that statements contained in the complaint are or may be correct, the Fair Housing Enforcement Officer shall immediately file his or her report and a copy of the complaint with the Borough Solicitor.
D. 
If, in the opinion of said Solicitor, an unlawful housing discriminatory practice has or may have occurred, then and in that event the Solicitor shall immediately forward the complaint to the Pennsylvania Human Relations Commission for follow-up pursuant to the Pennsylvania Human Relations Act of October 27, 1955, P.L. 744, as amended.[1]
[1]
Editor's Note: See 43 P.S. § 951 et seq.

§ 100-5 Applicability.

Nothing in this chapter shall be construed to affect any suit or proceedings pending in any court or any rights acquitted or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed, nor shall any just and legal right or remedy of any character be lost, impaired or affected by this chapter.

§ 100-6 Amendments.

This chapter may be amended by the Borough of Honesdale from time to time to conform to future federal, state or local statutory or regulatory requirements.