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(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
Notes
| 1128.1 | Amended, Bill No. 240060 (approved September 4, 2024), effective December 4, 2024. |
(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. |
(1) After determining that probable cause exists for the allegations in the complaint, the Commission, in its discretion, may cause to be issued and served a written notice of public hearing, requiring the parties to appear and state or respond to the charges of the complaint at a hearing before the Commission at a time and place to be specified in such notice. The Commission may designate one or more of its members to preside at such hearing.
(2) The case in support of the complaint shall be presented to the Commission by the complainant, the complainant's attorney or representative, or by the Commission's attorney. The Commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearings shall be under oath and shall be transcribed.
(3) When a complaint contains one or more allegations under Section 9-1108 (relating to unlawful housing and real property practices) and notice of hearing is given as set forth in this Section, either party may elect to have the claims asserted in the complaint decided in a civil action in lieu of a public hearing before the Commission. A party making this election shall give written notice to the Commission and all other parties within twenty (20) days of receipt of notice of hearing under this Section. If an election for civil action is made by either party, the Commission shall, within thirty (30) days from the date of election, commence and maintain a civil action on behalf of the complainant in the Court of Common Pleas of Philadelphia County, Pennsylvania. Any aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action.
(1) If, upon all the evidence at the hearing, the Commission shall find that respondent has been engaged in or is engaged in any unlawful practice, the Commission shall state its findings of fact and shall issue and cause to be served on the respondent an order requiring the respondent to cease and desist from such unlawful practice or practices and to take such affirmative action which in the judgment of the Commission will effectuate the purposes of this Chapter, including but not limited to, an order directing the respondent to comply with any of the remedies set forth in Sections 9-1105 (relating to remedies for unlawful employment practices), 9-1107 (relating to remedies for unlawful public accommodations practices), or 9-1110 (relating to remedies for unlawful housing and real property practices), and any of the penalties set forth in Section 9-1121 (relating to penalties).
(2) An order by the Commission may require a respondent to file a report showing compliance and the procedures adopted to effect compliance.
(3) In addition to the remedies authorized in Sections 9-1105, 9-1107 and 9-1110 of this Chapter, and remedies for other violations of this Chapter, the Commission may, upon a finding that a respondent has engaged in severe or repeated violations without effective efforts to remediate the violations, order that the respondent cease its business operations in the City for a specified period of time. 1129
Notes
| 1129 | Added, Bill No. 170334 (approved May 17, 2017). |
(1) Any party aggrieved by any order of the Commission may appeal to any court of competent jurisdiction within (30) days after the mailing of notice of such order by the Commission to the aggrieved party or the party’s attorney. Except in the case of housing practices violations where an aggrieved party may appeal within ninety (90) days of notice receipt, said notice to be sent via postal mail or electronic mail.
(2) If no appeal is taken within thirty (30) days, the order of the Commission shall be final and conclusive and shall not be subject to review by any court in any action, including any proceedings to obtain enforcement. Except in the case of housing practices violations where the right to appeal expires after ninety (90) days.
Notes
| 1129.1 | Amended, Bill No. 240060 (approved September 4, 2024), effective December 4, 2024. |
(1) In the event the respondent refuses or fails to comply with any order of the Commission or violates any of the provisions of this Chapter, the Commission shall certify the case and the entire record of its proceedings to the Law Department, which may certify the case and record to an appropriate court and seek enforcement or compliance with the order of the Commission. If an appeal has been taken by respondent, the Law Department may move to consolidate the appeal and enforcement proceedings.
(2) The Law Department is authorized in an appropriate action to seek imposition by the appropriate court of the penalties set forth in Section 9-1121.
Notes
| 1130 | Amended, 1967 Ordinances, p. 1332. |
(1) Any person who shall willfully resist, prevent, impede or interfere with the Commission, its members, agents or agencies in the performance of duties pursuant to this Chapter, or shall violate any order of the Commission or any provision of this Chapter shall be subject to a fine in addition to such order or decree as may be issued by any court. Such fine shall be in an amount not more than two thousand dollars ($2,000) for each violation.
(2) Any person who violates, on more than one occasion, any order of the Commission or any provision of this Chapter, or who, on more than one occasion, willfully resists, prevents, impedes or interferes with the Commission, its members, agents or agencies in the performance of duties pursuant to this Chapter, shall be guilty of a separate offense of repeat violation, and for each such repeat violation shall be subject to a fine of not more than two thousand dollars ($2,000), or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a repeat violation regardless of whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate repeat violation offense.
Notes
| 1131 | Amended, 1967 Ordinances, p. 1332; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081. |
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