A. A complaint charging that any person has engaged, is engaging or will engage in any unlawful practice as set forth in this Part may be made by the Human Relations Commission, or to the Commission by an aggrieved person or by an organization which has one of its purposes the combating of discrimination for the promotion of equal opportunities, and any complaint may be amended by the complainant or the Commission at any time before final action has been taken by the Commission, in accordance with such rules and regulations as the Commission shall prescribe. No complaint shall be considered unless it is filed with the Commission within 180 days after the occurrence of the alleged unlawful practice.
B. The complaint shall be in writing, signed, verified and include the name and address of the person or persons alleged to have committed the unlawful practice and the particulars thereof, and such other information as may be required by the Commission. [Amended 7-11-2011 by Ord. No. 31A-2011]
C. After the filing of any complaint, or whenever there is reason to believe that an unlawful discriminatory practice has been committed, the Commission shall make a prompt investigation in connection therewith. The Commission shall commence proceedings on any formal complaint within 30 days of the filing. Within 10 days of docketing the complaint, the parties shall each receive a copy of the complaint along with a concise statement of the procedural rights of such parties, unless otherwise impracticable to do so. The respondent shall be afforded the right to file an answer to such complaint within 10 days, but failure to file such answer shall not prevent the Commission from commencing its investigation as provided herein. Upon filing of the complaint, the Commission shall encourage voluntary and informed predetermination settlements between parties. [Amended 7-11-2011 by Ord. No. 31A-2011]
D. The Commission shall institute and complete the investigation of any formal complaint within 100 days of the filing of the formal complaint, unless it is impracticable to do so. [Amended 7-11-2011 by Ord. No. 31A-2011]
E. If, pursuant to its investigation, the Commission shall determine that there is no basis for the allegations in a complaint, the complaint shall be dismissed and the complainant and respondent notified in writing of such determination. Within 20 days from the receipt of such notice, the complainant or his attorney, if any, may file with the Commission a request for review and the Commission shall provide the parties and their attorneys an opportunity to appear before the Commission or a member thereof for such purpose. After such a review, the Commission may reverse its decision or, if the Commission or its representative determines that there is no basis for the allegation, the dismissal of the complaint shall be affirmed and there shall be no further review of such decision.
F. If the Commission determines after investigation that probable cause exists for the allegations made in the complaint, it shall promptly notify the parties in writing and may attempt to eliminate the alleged unlawful practice by means of private conferences, meetings or conciliation with all parties. Any conciliation agreement arising from such efforts shall be in writing, signed by the parties or their representative, and shall be subject to the approval of the Commission. A conciliation agreement shall be made public unless the parties otherwise agree and the Commission determines that disclosure of the terms of the agreement is not required to further the purpose of this Part.
G. Prompt judicial action. If the Commission determines that a housing accommodation or housing accommodations involved in a complaint of an unlawful housing practice under § 23-507 may be sold, rented or otherwise disposed of before a determination of the case has been made, and the Commission believes that judicial action is necessary to effectuate the purpose of this Part, the Commission may request the City Solicitor to seek an injunction restraining the sale, rental or other disposition of the housing accommodation or housing accommodations in accordance with the provisions of § 9.1 of the Pennsylvania Human Relations Act of October 27, 1955, P.L. 744, added by Act No. 533, approved January 24, 1966,
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as hereafter amended, supplemented or modified by the General Assembly of Pennsylvania. [Amended 7-11-2011 by Ord. No. 31A-2011]
5. Editor's Note: See 43 P.S. § 959.1.
H. In any case of failure to eliminate the unlawful practice charged in the complaint by means of informal proceedings, or in advance thereof, if, in the judgment of the Commission the facts so warrant, the Commission may hold a public hearing to determine whether or not an unlawful practice has been committed. Without holding such a hearing, the Commission may certify the case to the City Solicitor in accordance with Subsection G, hereof.
I. Where a public hearing is ordered, the Executive Director of the City of Reading Human Relations Commission shall designate one or more members or a Hearing Examiner to conduct such a hearing. The Commission shall serve upon the person charged with having engaged or engaging in the unlawful practice a notice of the time and place of the hearing. In addition, the Commission shall provide the Respondent with notice of procedural rights and obligations. The hearing shall be held within 120 days following the issuance of the probable cause determination unless it is impracticable to do so. [Amended 7-11-2011 by Ord. No. 31A-2011]
J. The respondent shall have the right to file an answer to the statement of charges, to appear at the hearing in person or to be represented by an attorney or, subject to the approval of the hearing panel, by any other person, and to examine and cross-examine witnesses. The complainant shall also have the right to be represented by an attorney or, subject to the approval of the hearing panel, by any other person. The Commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and shall be transcribed.
K. With respect to a complaint alleging an unlawful housing practice arising under § 23-507, in lieu of proceeding before the Commission pursuant to this subsection, any party may elect, within 20 days of receipt of the charge, to have the claims contained in the charge decided in a civil action tried by a court of competent jurisdiction. The party making such election shall notify the Commission and all other interested parties within 10 days of making such election. The complainant shall be represented by an attorney in a civil action instituted pursuant to an election made under this subsection. Representation of the complainant shall be at the Commission's expense and such representation shall include presentation of the complainant's case at the public hearing.
L. One or more Commissioners of the Commission or a permanent hearing examiner designated by the Commission shall constitute the Commission for any hearing required to be held by the Commission. The recommended findings, conclusions and order made by this (these) members or by the hearing examiner will be reviewed and approved or reversed by the Commission. A vote by a majority of the Commissioners shall be necessary to find that the respondent has engaged in an unlawful practice. A decision shall be rendered within 45 days of the close of testimony or the final post-hearing submission of the parties, if any, unless it is impracticable to do so. [Amended 7-11-2011 by Ord. No. 31A-2011]
M. If upon all the evidence presented, the Commission finds that the respondent has not engaged in any unlawful practice, it shall state its findings of fact in writing and dismiss the complaint. If upon all the evidence presented, the Commission finds that the respondent has engaged or is engaging in an unlawful practice, it shall state its findings of fact in writing and shall issue such order in writing as the facts warrant to effectuate the purposes of this Part. Such order may require the respondent to cease and desist from such unlawful practice and to take such affirmative action including, but not limited to, the hiring, reinstatement or upgrading of employees, with or without back pay, admission or restoration to membership in any respondent labor organization, the selling, renting or leasing of a housing accommodation or housing accommodations upon equal terms and conditions and with such equal facilities, services and privileges, the tendering of money, whether or not secured by mortgages or otherwise for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, the granting, permitting, selling or admission to any of the accommodations, advantages, facilities, services or privileges, products or goods of any respondent place of public accommodation, resort, recreation or amusement, upon such equal terms and conditions to any person discriminated against or to all persons as, in the judgment of the Commission, shall effectuate the purposes of this Part and are warranted by the facts presented at the hearing, including a requirement for a report or reports of the manner of compliance. Compensatory damages may be awarded in appropriate circumstances for a violation of any of the provisions of § 23-507. Copies of the order shall be served on all parties.
N. Any adjudication made by the Commission shall be in writing and dated, and shall be deemed to be a final adjudication five days after the date of issuance thereof. Parties shall have 30 days from the final adjudication to appeal the decision of the Commission to the Berks County Court of Common Pleas. An appeal from the Commission's order shall act as a supersedeas and stay enforcement of such order until a final disposition of the appeal.
O. The Commission shall make a final administrative disposition of a formal complaint within one year of the date of receipt of such complaint unless it is impracticable to do so. If the Commission is unable to dispose of the complaint within the time limitation set forth herein, it shall notify the parties in writing of such fact and the reasons therefor. Should the Commission fail to finally adjudicate or otherwise dispose of a formal complaint within the time limit of the filing thereof, any party may commence a civil action for the enforcement of this Part in an appropriate court of competent jurisdiction no later than two years after the occurrence or termination of the alleged discriminatory act or practice.
P. An aggrieved person may commence a civil action whether or not a complaint has been filed under this section and without regard to the status of any such complaint. There shall be no need for a complainant to exhaust administrative remedies with respect to a complaint that could be brought under § 23-507, so long as any action brought is commenced within one year of the alleged discriminatory housing practice. The court in which any such action is brought shall be empowered, in appropriate circumstances, to award compensatory and punitive damages as well as equitable relief. However, if the Commission has obtained a conciliation agreement with the consent of the aggrieved person, no action may be filed by such aggrieved person with respect to the discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such agreement.