§9-1107. Procedure. [673]


(1) Any individual claiming to be aggrieved by unlawful housing practice, an unlawful employment practice or an unlawful public accommodation practice, may make, sign and file with the Commission a verified complaint in writing which shall state the name and address of the person or persons alleged to have committed the unlawful practice and the particulars thereof. The complaint shall also contain such other information as may be required by the Commission. The Commission, upon its own initiative, may in like manner sign and file a complaint. The Commission, however, shall not accept a complaint from any person who has filed a complaint with the Pennsylvania Human Relations Commission with respect to the same grievance. The Commission or the complainant shall have the power reasonably and fairly to amend any complaint, and the respondent shall have like power to amend his answer.

(2) 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.

(3) If it shall be determined after such investigation that there is no basis for the allegations of the complaint, the Commission shall within ten (10) days from such determination, cause to be issued and served upon the complainant written notice of such determination. The notices shall also state that the complaint will be dismissed unless within ten (10) days after such service the complainant or his attorney file, with the Commission, a request for a review hearing. The Commission shall upon request for such a hearing provide the complainant and his attorney, if any, an opportunity to appear before the Commission, a member thereof, or a staff representative of the Commission, at the election of the Commission to present such additional information as may be available to support the allegations of the complaint. If after such a hearing the Commission or its representative determine that there is no basis for the allegation the complaint shall be dismissed and there shall be no appeal from such a decision.

(4) (a) If the Commission, after investigation, determines that probable cause exists for the allegation of the complaint, the Commission may immediately endeavor to eliminate the unlawful practice complained of by persuasion.

(b) If a complaint alleges a violation of Section 9-1104, and it appears that a housing accommodation may be sold, rented or transferred before a determination of the case has been made, the Law Department, at the request of the Commission, is authorized to seek, in the name of the City, injunctive relief by an appropriate court restraining the sale, rental or transfer of the housing accommodation except in compliance with the order of the court pending final determination of such complaint. In any case, where an injunction has been obtained, the Commission shall, within thirty (30) days thereafter, render a decision and order. Findings of fact may be issued by the Commission on a later date. Where the Commission has rendered a decision in which it finds that discrimination exists, the Court may, upon application by the Law Department, extend such injunction. It is the intent of this chapter that a bond shall not be a requisite to the granting or extension of any injunction provided herein.

(5) If the Commission, in its discretion, finds it is not feasible to eliminate such unlawful practices by persuasion, the Commission shall cause to be issued and served a written notice, together with a copy of such complaint as originally filed or as the same may have been amended by the Commission, requiring the party named in such complaint, hereinafter referred to as Respondent, to answer the charges of such 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 meeting, or it may at its election conduct said hearing en banc.

(6) The case in support of the complaint shall be presented to the Commission by its attorney or by a member of its staff. The Respondent shall file a written verified Answer to the Complaint and may appear at such hearing in person or with counsel. The Commission shall not be bounded 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.

(7) 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 any of the following with respect to any person:

(a) hire, reinstate or upgrade with or without back pay;

(b) admit or restore membership in a labor organization;

(c) admit participation in a guidance, apprentice-training or retraining program;

(d) extend full, equal and unsegregated public accommodations, advantages and facilities;

(e) extend full, equal and unsegregated commercial housing and housing accommodations, advantages and facilities;

(f) sell, rent or lease specified commercial housing facilities upon equal terms and conditions;

(g) lend money for repair or maintenance of commercial housing and housing accommodations upon equal terms and conditions;

(h) lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing and housing accommodations upon terms and conditions generally available.

(8) An order by the Commission may require a Respondent to file a report showing compliance and the procedures adopted to effect compliance.

(9) If, upon all the evidence, the Commission shall find that the Respondent has not engaged in any unlawful practice, the Commission shall state its findings of fact and shall dismiss the complaint. Notice of such action shall be given to the Complainant and Respondent.

(10) 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 to the aggrieved party or his attorney by the Commission.

(11) 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.

(12) No complaint shall be considered unless it is filed with the Commission within three hundred (300) days after the occurrence of the alleged unlawful practice.[674]