[HISTORY: Adopted by the Borough Council
of the Borough of Catasauqua 3-6-1978 by Ord. No. 761 (Ch. IV, Part 6, of the
1962 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Apartment licensing — See Ch.
108.
Moving permits — See Ch. 180.
It shall be the public policy of the Borough
of Catasauqua to prohibit discrimination because of race, color, religion,
ancestry, national origin, place of birth, age or sex, in employment,
housing and places of public accommodation, resort, recreation or
amusement.
This chapter applies to discriminatory practices,
including but not limited to discrimination in housing which occur
within the territorial limits of the Borough of Catasauqua and to
housing accommodations and places of public accommodation located
within the territorial limits of the Borough.
As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
Includes any difference in treatment based on race, color,
religion, ancestry, national origin, place of birth, age or sex.
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, by
a family or by a group of persons living together; or
A parcel of real property or lot available for
the construction of a housing accommodation.
Any organization which assists for the purpose in whole or
part of collective bargaining or of dealing with employers concerning
grievances, terms or conditions of employment, or of other mutual
aid of protection in relation to employment.
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 an equitable
or security interest in any housing accommodation, including the Borough
of Catasauqua and its departments, boards, commissions and authorities.
Any individual, partnership, corporation, labor organization
or other organization or association, including those acting in a
fiduciary or representative capacity, whether appointed by a court
or otherwise. The term "person," as applied to partnerships or other
organizations or associations, includes their members, and as applied
to corporations includes their officers.
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.
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 negotiate for the sale, lease, sublease, rental, assignment
or other transfer of the title, leasehold, or other interest in any
housing accommodation to any person, or to represent that any housing
accommodation is not available for any 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, color, religion, ancestry, national origin,
place of birth, age or sex, 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 accommodation
or 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, or requiring any other person to discriminate against, any
person in the use of occupancy of such housing accommodation because
of race, color, religion, ancestry, national origin, place of birth,
age or sex.
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, place of birth, age or sex.
D.
For any person, including any owner or real estate
broker, to publish, circulate, issue or display, or cause to be published,
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 any housing accommodation or accommodations
which indicates any preference, limitation, specification or discrimination
based on race, color, religion, ancestry, national origin, place of
birth, age or sex.
E.
For any person, including any bank, banking organization,
mortgage company, insurance company or other financial or lending
institution, or any agent or employe thereof, to whom application
is made for financial assistance for the purchase, lease, acquisition,
construction, rehabilitation, repair or maintenance of any housing
accommodation or housing accommodations:
(1)
To discriminate against any person or group of persons
because of race, color, religion, ancestry, national origin, place
of birth, age or sex of such person or group of persons or of the
prospective occupant or tenants of such housing accommodation in the
granting, withholding, extending, modifying, or renewing, or in the
rates, terms, conditions or privileges of any such financial assistance
or in the extension of services In connection therewith; or
(2)
To use any form of application for such financial
assistance or make any record of inquiry in connection with application
for such financial assistance which indicates, directly or indirectly,
any 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 or indirectly, or to attempt to induce directly or
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 agent, 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 to attempt directly or indirectly to commit any act declared by
this chapter to be an unlawful housing practice.
H.
Nothing in this chapter shall bar any religious or
sectarian institution or organization, or any charitable or educational
organization which is operated, supervised or controlled by or in
connection with a religious or sectarian organization or any bona
fide private or fraternal organization from limiting admission to
or giving preference to persons of the same religion or sect, or to
members of such private or fraternal organization, or from making
such selection as is calculated by such organization to promote the
religious or sectarian principles or the aims, purposes or fraternal
principles for which it is established or maintained.
It shall be unlawful for any person, whether
or not within the named classifications set forth in this chapter,
to aid, incite, compel, coerce or participate in the doing of any
act declared to be an unlawful practice under this chapter, or to
obstruct or prevent enforcement of compliance with the provisions
of this chapter or to attempt directly or indirectly to be an unlawful
practice.
A Housing Officer shall be appointed by Borough Council and shall serve at their will. The Housing Officer shall be empowered to investigate complaints of violations under this chapter. If the Housing Officer determines that a violation of any provision of this chapter has occurred, he may issue a cease and desist order. In the event the respondent refused or fails to comply with any order of the Housing Officer or violates any of the provisions of this chapter, the Housing Officer shall certify the case and the entire record of its proceedings to the Borough Solicitor, who shall invoke the aid of an appropriate court to secure enforcement of compliance with the order or to impose the penalties set forth in § 138-7 or both.
[Amended 4-1-2013 by Ord. No. 1288]
Any person who shall be found in violation of
any provision of this chapter relating to unlawful practices, or any
rule or regulation pertaining thereto adopted by the Borough Council,
or any order of the Housing Officer, shall be subject to a fine of
not more than $300 and in default of payment of the fine and costs
shall be subject to imprisonment for a period not exceeding 90 days.
Any person found guilty of violating an ordinance shall be assessed
court costs and reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings.
This chapter may be cited as the "Catasauqua
Fair Housing Ordinance."
