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[Amended 9-28-2009 by Ord. No. 53-2009]
As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from context:
ACCESSIBLE — When used with respect to the public and common use areas of a building containing covered multifamily dwellings, means that the public or common use areas of the building can be approached, entered, and used by individuals with physical handicaps. 2
2. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).
AGE — Includes any person 40 and above and shall also include any other person so protected by further amendment to the Federal Age Discrimination in the Employment Act.
AGGRIEVED PERSON — Such person or persons who believe that they have been injured or will be injured by a discriminatory employment, housing or public accommodations act or practice that has occurred or is about to occur.
COMMISSION — The Commission of Human Relations established in the office of the Mayor of the City by this Part.
COMPENSATORY DAMAGES — A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment or injury suffered as a result of the unlawful conduct of another. [Added 7-11-2011 by Ord. No. 31A-2011]
COMPLAINANT — The person (including the Commission) who files a complaint under § 23-512. [Added 7-11-2011 by Ord. No. 31A-2011]
CONCILIATION — The attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Commission. [Added 7-11-2011 by Ord. No. 31A-2011]
CONCILIATION AGREEMENT — A written agreement setting forth the resolution of the issues in conciliation. [Added 7-11-2011 by Ord. No. 31A-2011]
DISCRIMINATE and DISCRIMINATION — Includes any difference in treatment based on race, color, religion, ancestry, sexual orientation, gender identity or expression, national origin, age, sex, familial status, handicap or previous filing of a complaint of discrimination.
DISCRIMINATORY HOUSING PRACTICE — An act that is either unlawful under the provisions of this Part or is unlawful under §§ 804, 805, 806 or 818 of the Federal Fair Housing Act, or § 955 or 955(h) of the Pennsylvania Human Relations Act. 3
3. Editor's Note: See 43 P.S. § 955 or 955(h).
DWELLING — Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. [Added 7-11-2011 by Ord. No. 31A-2011]
EMPLOYER — Any person who employs five or more employees, exclusive of the parents, spouse or children of such person, including the City, its department, boards, commissions and authorities, and any other governmental agency within its jurisdiction. The term "employer," with respect to discriminatory practices based on a class protected under this Part, includes religious, fraternal, charitable and sectarian corporations and associations employing four or more persons in the City.
EMPLOYMENT AGENCY — Any person regularly undertaking, with or without compensation, to procure opportunities for employment or to procure, recruit, refer or place employees.
FAMILIAL STATUS — One or more individuals, who have not obtained the age of 18 years being domiciled with:
A. A parent or another person having legal custody of such individual or individuals.
B. The designee of such parent or other person having such custody, with the written permission of such parent or other person.
C. Any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
FAMILY — Includes a single individual. [Added 7-11-2011 by Ord. No. 31A-2011]
FEDERAL FAIR HOUSING ACT — Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3600 through 3620.
GENDER IDENTITY OR EXPRESSION — The actual or perceived gender identity, appearance, behavior, expression or physical characteristics whether or not associated with an individual's assigned sex at birth.
HANDICAP — With respect to a person, a physical or mental impairment which substantially limits one or more major life activities, a record of having such an impairment, or being regarded as having such an impairment, but such term does not include current or illegal use of addiction to a controlled substance (as defined in the Pennsylvania Consolidated Statutes). [Amended 7-11-2011 by Ord. No. 31A-2011]
HOUSING ACCOMMODATION — Any building, structure, or portion thereof which is occupied as or designed or intended for occupancy as a resident by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
LABOR ORGANIZATION — Any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms of conditions of employment, or of other mutual aid or protection in relation to employment.
LENDING INSTITUTION — Any bank, insurance company, savings and loan association, or any other person regularly engaged in the business of lending money or guaranteeing loans.
NON-JOB-RELATED HANDICAP OR DISABILITY — Any handicap or disability which does not substantially interfere with the ability to perform the essential functions of the employment which a handicapped person applies for, is engaged in, or has been engaged in. Uninsurability or increased cost of insurance under a group or employee insurance plan does not render a handicap or disability job-related.
OWNER — Includes the owner, co-owner, lessee, sublessee, mortgagee, assignee, manager, agent or any other person having equitable or security interest in any housing accommodation, including the City and its departments, boards, commissions and authorities.
PENNSYLVANIA HUMAN RELATIONS ACT — The Act of 1955, October 27, P.L. 744, No. 222, § 1, as amended, 43 P.S. § 951 et seq.
PERSON — Any individual, partnership, corporation, labor organization or other organization or association including those acting in a fiduciary or representative capacity, whether appointed by a court or otherwise. The term "person," as applied to partnerships or other organizations or associations, includes their members, and as applied to corporations, includes their officers.
PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT — Any accommodation, resort or amusement which is open to, accepts or solicits the patronage of the general public including, but not limited to, inns, taverns, hotels, motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or consumption on the premises; bars, stores, parks or anywhere that liquor is sold; ice cream parlors, soda fountains and all stores where beverages of any kind are sold for consumption on the premises; drugstores, clinics, hospitals, swimming pools; barber shops, beauty parlors; retail stores; theaters, movie houses; race courses, skating rinks, amusement, recreation parks and fairs; bowling alleys, gymnasiums, shooting galleries and billiard and pool halls; public libraries, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses and all education institutions under the supervision of this City; nonsectarian cemeteries; garages and all public conveyances operated on land or water or in the air as well as the stations, terminals and airports thereof; financial institutions; and all City facilities and services including such facilities and services of all political subdivisions thereof; but shall not include any accommodations which are in the nature distinctly private.
REAL ESTATE BROKER — Any natural person, partnership, corporation or other association which for a fee or other valuable consideration manages, sells, purchases, exchanges or rents or negotiates, or offers or attempts to negotiate the sale, purchase, exchange or rental of, the real property of another, or holds itself out as engaged in the business of managing, selling, purchasing, exchanging or renting the real property of another, or collects rent for the use of the real property of another, and includes real estate salesmen or agents or any other person employed by real estate broker to perform or to assist in the performance of his business.
RESPONDENT — The person or other entity in a complaint of an unfair housing or employment practice and any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under § 23-512. [Added 7-11-2011 by Ord. No. 31A-2011]
SEXUAL ORIENTATION — Actual or perceived heterosexuality, homosexuality or bisexuality.