[HISTORY: Adopted by the Borough Council of the Borough of Honesdale 10-8-1979
by Ord. No. 452. Amendments noted where applicable.]
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.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
Any act that is unlawful under § 100-3 of this chapter.
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.
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.
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.
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.
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.
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.
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.
