§ 9-1109. Exemptions from Unlawful Housing and Real Property Practices.

   (1)   Nothing in Section 9-1108 shall:

      (a)   Bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes 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 with regard to the occupancy, leasing, sale or purchase of any housing accommodation, commercial property or other real property, or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained.

      (b)   Apply to the rental or leasing of a room or rooms in a personal residence or the furnishing of facilities or services in connection therewith, except in the case of Limited Lodging, as defined in subsection 14-604(13). 1125

      (c)   Prohibit the owners of any federally regulated housing for senior citizens from operating in accordance with federal law. 1126

 

Notes

1125	Amended, Bill No. 150441-A (approved June 18, 2015), effective July 1, 2015.
1126	Added, 1980 Ordinances, p. 556.

§ 9-1110. Remedies for Unlawful Housing and Real Property Practices.

   (1)   In addition to the relief authorized by Section 9-1121 (relating to penalties), the Commission may issue an order directing a respondent who has engaged in an unlawful housing or real property practice to take affirmative action to redress the harms suffered by the complainant. The Commission may order remedies including, but not limited to:

      (a)   An order requiring the respondent to cease and desist such unlawful practice;

      (b)   Any injunctive or other equitable relief, including:

         (.1)   selling, renting or leasing specified housing accommodations, commercial property or other real property upon non-discriminatory terms and conditions;

         (.2)   lending money for repair or maintenance of housing accommodations, commercial property or other real property upon non-discriminatory terms and conditions;

         (.3)   lending money, whether secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing accommodations, commercial property or other real property upon terms and conditions generally available;

      (c)   Payment of compensatory damages;

      (d)   Payment of punitive damages, not to exceed two thousand dollars ($2,000) per violation;

      (e)   Payment of reasonable attorneys' fees;

      (f)   Payment of hearing costs as reimbursement for expenses incurred by the Commission.

   (2)   If it appears that a housing accommodation, commercial property or other real property that is the subject of a complaint before the Commission may be sold, rented or transferred before the Commission has made a determination of the case, the Law Department, at the request of the Commission, is authorized to seek, in the name of the City, injunctive relief by an appropriate court restraining the sale, rental or transfer of the housing accommodation, commercial property or other real property except in compliance with the order of the court pending final determination of such complaint. It is the intent of this Chapter that a bond shall not be a prerequisite to the granting or extension of any injunction provided herein.

§ 9-1111. Administration and Enforcement. 1127

   (1)   The Commission is hereby vested with the authority to administer and enforce this Chapter and in connection therewith may promulgate and issue regulations.

 

Notes

1127	Amended by adding subsection (2), Bill No. 970750 (approved May 19, 1998).

§ 9-1112. Complaint. 1128

   (1)   Any person claiming to be aggrieved by an unlawful employment, public accommodation or housing and real property 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.

   (2)   The Commission, upon its own initiative, may sign and file a complaint in the manner prescribed in subsection 9-1112(1) (relating to procedures for filing complaints).

   (3)   No complaint shall be considered unless it is filed with the Commission within three hundred (300) days after the occurrence of the alleged unlawful practice.

   (4)   The Commission 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.

   (5)   Upon the filing of a complaint, the Commission shall serve notice upon the complainant acknowledging the filing and advising the complainant of the time limits and choice of forums provided under the law. The Commission shall also promptly serve notice of such complaint on the respondent or person charged with the commission of an unlawful employment, public accommodations or housing and real property practice, advising of his or her procedural rights and obligations under this Chapter, together with a copy of the complaint.

   (6)   The complainant or the Commission shall have the power reasonably and fairly to amend his, her, or its complaint.

 

Notes

1128	Amended, 1967 Ordinances, p. 1332.

§ 9-1113. Answer.

   (1)   The respondent shall answer the complaint in writing and shall specifically admit, deny, or explain each of the facts alleged in the complaint, unless the respondent is without knowledge or information sufficient to form a belief, in which case the respondent shall so state, and such statement shall operate as a denial.

   (2)   Any allegation in the complaint not specifically denied or explained shall be deemed admitted and shall be so found by the Commission unless good cause to the contrary is shown.

   (3)   The respondent shall have the power reasonably and fairly to amend its answer.

§ 9-1114. Mediation.

   (1)   If in the judgment of the Commission circumstances so warrant, it may at any time after the filing of a complaint endeavor to resolve the complaint by any method of dispute resolution prescribed by rule of the Commission including, but not limited to, mediation.

§ 9-1115. Investigation.

   (1)   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 in accordance with Section 8-409 of the Philadelphia Home Rule Charter.

   (2)   When a complaint contains one or more allegations under Section 9-1108 (relating to unlawful housing and real property practices), the investigation concerning those allegations shall be commenced within thirty (30) days and completed within one hundred (100) days after the filing of the complaint, unless it is impracticable to do so, in which case the Commission will notify the parties in writing of the reasons for not doing so. A complainant may request and shall receive a Notice of Right to Sue if the Commission has not completed the investigation within one hundred (100) days after the filing of the complaint or determines during the one hundred (100) day period that it will be unable to do so. Notice of Right to Sue shall be sent via postal mail or electronic mail. 1128.1

   (3)   If the Commission, after investigation, determines that probable cause exists for the allegations of the complaint, the Commission may pursue conciliation under Section 9-1116 and/or public hearing under Section 9-1117.

 

Notes

1128.1

Amended, Bill No. 240060 (approved September 4, 2024), effective December 4, 2024.

§ 9-1116. Conciliation.

   (1)   If the Commission, after investigation, determines that probable cause exists for the allegations of the complaint, the Commission may immediately endeavor to eliminate the unlawful practice by negotiation.

   (2)   Any conciliation agreement arising out of conciliation efforts by the Commission shall be an agreement among the respondent, the complainant, and the Commission and shall require the approval of the Commission. Each conciliation agreement shall be made public on the Commission’s webpage within thirty (30) days of execution of the agreement, unless the complainant and respondent otherwise agree and the Commission determines that disclosure is not required to further the purposes of this Chapter or the Fair Housing Act. 1128.2

 

Notes

1128.2

Amended, Bill No. 240060 (approved September 4, 2024), effective December 4, 2024.