(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.
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