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(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. |
(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) 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.
(4) 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. |
(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 | |
1134 | Added, Bill No. 130224 (approved May 8, 2013). |
(1) Either Life Partner may terminate the Life Partnership by filing a sworn Termination Statement with the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships, in the form and manner required by the agency, stating that the Life Partnership is to be terminated. The termination shall become effective sixty (60) days from the date the Termination Statement is filed, if it is signed by both Life Partners. If it is not signed by both Life Partners, the Termination Statement shall become effective sixty (60) days from the date proof is filed with the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships that a copy of the Termination Statement was served, either personally or by certified or registered mail, on the other Life Partner. 1135
(2) Automatic Termination of Life Partnership. A Life Partnership shall terminate automatically when any member dies or enters into a marriage with another person that is recognized in the Commonwealth of Pennsylvania. 1136
Notes
1135 | |
1136 | Added, Bill No. 130224 (approved May 8, 2013). |
(1) The Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships shall advise all applicants that Life Partnership does not provide the protections afforded by marriage, and shall make such forms and information available to applicants as the agency deems appropriate on issues that may include, but are not limited to, adoption, medical treatment, and end-of-life decisions, advance health care directives, living wills, durable health care powers of attorney, appointment of a health care agent, guardian designations, and wills; provided that the agency shall not provide legal advice or services.
(2) The Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships shall review each Verification Statement and, no later than 30 days after receipt of such statement, notify the persons submitting the statement whether the Verification Statement has been accepted or rejected. If the agency has accepted the Verification Statement, it shall provide the Life Partners with an official document confirming their status as verified Life Partners. If the agency rejects the Verification Statement, it shall provide an explanation of the reason for that action, and an explanation of the steps required to cure any deficiencies in the Statement.
(3) The Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships may, by regulation, establish and collect from applicants submitting a Verification Statement a reasonable fee to defray the costs of administering the provisions of this Chapter with respect to Life Partnerships. The agency may reduce or waive the fee upon a showing of financial hardship.
Notes
1137 |
(1) Health Care Providers.
(a) Health care providers shall allow a patient's Life Partner, and the children of such Life Partner, visitation rights consistent with 42 C.F.R. § 482.13(h). The dependent, foster, or adopted child of the patient's Life Partner shall have the same visitation rights that a child of the patient would have.
(b) In the event that the patient is incapacitated, the Life Partner of the patient shall have the same authority to make health care decisions that a spouse of the patient would have.
(c) If a provider does not require spouses of patients to prove their spousal status, then the provider shall not require Life Partners to prove Life Partner status. If such proof is required, then the provider may accept as proof any evidence of the Life Partnership the provider deems acceptable, provided that the provider shall accept a copy of the official document issued by the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships pursuant to subsection 9-1125(2) confirming Life Partner status. 1139
(2) Funeral Providers. The Verification Statement designed by the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships shall include an optional section in which a Life Partner may designate the other Life Partner as the person authorized to determine the final disposition of the first Life Partner's remains. Funeral providers shall treat such a designation as the authorization required by 20 Pa. C.S. § 305 ("Right to dispose of a decedent's remains"). In designing this section of the Verification Statement, the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships shall ensure that the section complies with all requirements of state law as to form and verification. 1140
(3) Visitation Rights in City Prison Facilities. The Prison system shall permit the minor child of an inmate to visit such inmate when accompanied by the inmates' Life Partner on the same basis and same conditions as if the minor child were accompanied by the inmate's spouse. Proof of Life Partnership in the form of a copy of the Verification Statement may be required.
(4) Notification of Family Members. Whenever a City official or employee is directed or authorized to notify "family members" or "next of kin", on behalf of an injured person, such official or employee shall attempt to determine whether the person has a Life Partner and, if so, the official or employee shall include that Life Partner among those notified. The Managing Director or such other official as the Mayor shall designate, shall take steps to ensure that City employees are aware of this responsibility.
Notes
1138 | Added, Bill No. 130224 (approved May 8, 2013). |
1139 | |
1140 |
(1) Effective one year after the effective date of this Ordinance, all new forms issued by any City department, board, or commission shall not include requests for gender-specific identification. Such forms shall include, for example, the term "Parent/Legal Guardian" instead of "Mother" or "Father". Where it is necessary to request the gender of a person, an option shall be provided for that person to select the option "self-identify" for the person's gender in addition to the options of "male" and "female".
(2) Exceptions. Gender neutrality pursuant to subsection (1) shall not be required for a particular form if the Commission or City Solicitor certifies and advises the Department of Records in writing that any of the following circumstances exists:
(a) gender-specific information will further the ability of the requesting agency to perform its responsibilities;
(b) state or federal law requires the use of gender-specific information;
(c) eligibility for funding depends upon the use of gender-specific information;
(d) the Commission has determined that, for a reason not listed above, gender-specific data is required, in which case the Commission shall specify the reason for this exception.
Notes
1141 | Added, Bill No. 130224 (approved May 8, 2013). |
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