§ 9-1117. Notice and Conduct of Public Hearing.

   (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.

§ 9-1118. Decision and Order.

   (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).

§ 9-1119. Judicial Review. 1129.1

   (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.

§ 9-1120. Enforcement of Commission Orders. 1130

   (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.

§ 9-1121. Penalties. 1131

   (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.

§ 9-1122. Private Right of Action. 1132

   (1)   If a complainant invokes the procedures set forth in this Chapter, that person's right of action in the courts of the Commonwealth shall not be foreclosed. If within one (1) year after the filing of a complaint with the Commission, the Commission dismisses the complaint or has not entered into a conciliation agreement to which the complainant is a party, the Commission must so notify the complainant. On receipt of such a notice the complainant may bring an action in the Court of Common Pleas of Philadelphia County based on the right to freedom from discrimination granted by this Chapter. Consistent with subsection 9-1115(2), the Commission has one hundred (100) days from the filing of a complaint in a housing practices violation matter to provide notice to the complainant regarding the resolution of the complaint or to provide a Notice of Right to Sue, said notice to be sent via postal mail or electronic mail. 1132.1

   (2)   An action under this Section shall be filed within two years after the date of notice from the Commission closing the case. Any action so filed shall be served on the Commission at the time the complaint is filed in court. The Commission shall notify the complainant of this requirement.

   (3)   Any person aggrieved by an owner’s alleged violation of Section 9-1108 shall have a private right of action against such owner and may bring an action outside of the procedures set forth in this Chapter in the Court of Common Pleas of Philadelphia County or any court of competent jurisdiction to compel compliance with this section within two years after the occurrence of the alleged unlawful practice. 1132.2

   (4)   The court may grant any relief it deems appropriate, including the right to recover for each violation:

      (a)   Compensatory damages;

      (b)   Punitive damages;

      (c)   Reasonable attorneys' fees;

      (d)   Court costs; and

      (e)   Such other relief, including injunctive relief, as the court may deem appropriate.

   (5)   Nothing in this Chapter limits the right of an injured person to recover damages under any other applicable law or legal theory.

 

Notes

1132	Added, 1990 Ordinances, p. 822.
1132.1	Amended, Bill No. 240060 (approved September 4, 2024), effective December 4, 2024.
1132.2	Added and subsequent subsections renumbered, Bill No. 240060 (approved September 4, 2024), effective December 4, 2024.

§ 9-1123. Verification of Life Partnerships. 1133

   (1)   No Life Partnership shall be recognized as such under this Chapter unless the members of the Life Partnership have verified the Life Partnership by: (i) filing with the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships a Verification Statement, in the form and manner required by the such agency, which states, on penalty of perjury, that the Life Partnership meets all the provisions of subsection 9-1102(1)(r) (relating to definition of Life Partnership); and (ii) filing with the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships proof that the Life Partners have been interdependent for at least three (3) months prior to the date the Verification Statement is filed, such proof to include at least two of the following:

      (a)   common ownership of real property or a common leasehold interest in property;

      (b)   common ownership of a motor vehicle;

      (c)   driver's licenses or other state-issued identification listing a common address;

      (d)   proof of joint bank accounts or credit accounts;

      (e)   proof of designation as a beneficiary for life insurance or retirement benefits, or beneficiary designation under a partner's will;

      (f)   proof of appointment as attorney-in-fact or agent under a partner's durable power of attorney or health care power of attorney;

      (g)   proof of common legal guardianship of an adopted, foster or dependent child. 1134

   (2)   The foregoing requirements of proof for interdependency and verification may be changed or modified by the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships at any time, by regulation.

 

Notes

1133	Amended, Bill No. 230005 (became law September 14, 2023).
1134	Added, Bill No. 130224 (approved May 8, 2013).