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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, by the creation of a new Division 9, entitled "Housing," as well as a new Chapter 905, entitled "Fair Housing," to provide for nondiscriminatory housing practices within the County.
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WHEREAS, the equal and unfettered access to housing is a fundamental principle of community diversity and development; and
WHEREAS, access to housing has historically been and continues to be limited based upon a variety of factors unrelated to an individual's ability to satisfy the material terms of sale or lease agreements; and
WHEREAS, it is the policy of Allegheny County to preclude all such forms of discrimination in housing transactions;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
The Allegheny County Code of Ordinances is hereby amended and supplemented by the creation of a new Division 9, entitled "Housing," as well as a new Chapter 905, entitled "Fair Housing Practices," as follow:
Division 9: Housing
Chapter 905 Fair Housing Practices
§905-1. Real Property Interest; Action by Owner, Lessee and Others.
It is an unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease any real property, or any agent of any of these to:
A. Refuse to sell, rent, or lease or otherwise deny to or withhold from any person or group of persons any real property because of race, color, creed, religion, national origin, sex, marital status, income source(s), status with regard to public assistance, disability, sexual orientation, or familial status; or
B. Discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, income source(s), status with regard to public assistance, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of any real property or in the furnishing of facilities or services in connection therewith, except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their use of the real property or any facilities or services furnished in connection therewith; or
C. In any transaction involving real property, to print, circulate or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase rental or lease of real property, or make any record or inquiry in connection with the prospective purchase, rental, or lease of real property which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, income source(s), status with regard to public assistance, disability, sexual orientation, or familial status, or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.
D. For the purposes of this and all other sections within this Chapter, income that cannot be demonstrated by the prospective renter or buyer to come from a legal source shall not be considered an "income source."
§905-2. Real Property Interest; Action by Brokers, Agents and Others.
It is an unfair discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent thereof to:
A. Refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property to any person or group of persons or to negotiate for the sale, rental, or lease of any real property to any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, income source(s), status with regard to public assistance, disability, sexual orientation, or familial status or represent that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of real property to or from any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, income source(s), status with regard to public assistance, disability, sexual orientation, or familial status; or
B. Discriminate against any person because of race, color, creed, religion, national origin, sex, marital status, income source(s), status with regard to public assistance, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishing of facilities or services in connection therewith; or
C. Print, circulate, or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental, or lease of any real property or make any record or inquiry in connection with the prospective purchase, rental or lease of any real property, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, marital status, income source(s), status with regard to public assistance, disability, sexual orientation, or familial status or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.
§905-3. Real Property Interest; Action by Financial Institution.
It is an unfair discriminatory practice for a person, bank, banking organization, mortgage company, insurance company, or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or employee thereof to:
A. Discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, income source(s), status with regard to public assistance, disability, sexual orientation, or familial status of the person or group of persons or of the prospective occupants or tenants of the real property in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions, or privileges of the financial assistance or in the extension of services in connection therewith; or
B. Use any form of application for the financial assistance or make any record or inquiry in connection with applications for the financial assistance which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, income source(s), status with regard to public assistance, disability, sexual orientation, or familial status or any intent to make any such limitation, specification, or discrimination; or
C. Discriminate against any person or group of persons who desire to purchase, lease, acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural area or any part thereof solely because of the social, economic, or environmental conditions of the area in the granting, withholding, extending, modifying, or renewing, or in the rates, terms, conditions, or privileges of the financial assistance or in the extension of services in connection therewith.
§905-4. Real Property Transaction.
It is an unfair discriminatory practice for any real estate broker or real estate salesperson, for the purpose of inducing a real property transaction from which the person, the person's firm, or any of its members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, sex, marital status, income source(s), status with regard to public assistance, sexual orientation, or disability of the owners or occupants in the block, neighborhood, or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood, or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other public facilities.
§905-5. Real Property Full and Equal Access.
It is an unfair discriminatory practice for a person to deny full and equal access to purchasing and/or leasing of real property to a person who is totally or partially blind, deaf, or has a physical or sensory disability and who uses a service animal, if the service animal can be properly identified as being from a recognized program which trains service animals to aid persons who are totally or partially blind or deaf or have physical or sensory disabilities. The person may not be required to pay extra compensation due only to the presence of the service animal, but may be liable for damage done to the premises by the service animal.
§905-6. Real Property Interest; Interference With.
It is an unfair discriminatory practice for a person to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged a third person in the exercise or enjoyment of, any right granted or protected by this Chapter.
§905-7. Reasonable Modifications/Accommodations.
For purposes of this Chapter, discrimination shall include:
A. A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person if modifications may be necessary to afford the disabled person full enjoyment of the premises; a landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, excluding reasonable wear and tear; or
B. A refusal to make reasonable accommodations in rules, policies, practices, or services, when accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.
§905-8. Limitations on Compliance.
A. This Chapter shall not be construed to require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
B. Nothing in this Chapter shall be construed to prevent an eviction or refusal to rent or sell a dwelling to individuals who cannot satisfy the requirements of the applicable lease or sales agreement.
C. Nothing contained within this Chapter shall prevent the eviction of any tenant adjudged guilty of any criminal offense committed in, pertaining to or enabling payment for the leased dwelling.
§905-9. Nonretaliation.
It is an unfair discriminatory practice for any individual who participated in the alleged discrimination as a perpetrator, employer, labor organization, employment agency, public accommodation, public service, educational institution, or owner, lessor, lessee, sublessee, assignee or managing agent of any real property, or any real estate broker, real estate salesperson, or employee or agent thereof to intentionally engage in any reprisal against any person because that person:
A. Opposed a practice forbidden under this chapter or has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Chapter; or
B. Associated with a person or group of persons who are disabled or who are of different race, color, creed, religion, sexual orientation, or national origin. A reprisal includes, but is not limited to, any form of intimidation, retaliation, or harassment.
C. It is a reprisal for an employer undertake actions including, but not limited to, the following with respect to an individual because that individual has engaged in the activities listed in subsections A or B:
1. Refuse to hire the individual;
2. Depart from any customary employment practice;
3. Transfer or assign the individual to a lesser position in terms of wages, hours, job classification, job security, or other employment status; or
4. Inform another employer that the individual has engaged in the activities listed in subsections A or B.
§905-10. Enforcement and Penalties.
A. This Chapter shall be enforced by the Allegheny County Police and by any municipality's law enforcement agency, once such agency is designated for enforcement of this Chapter by the Superintendent of the County Police. The Allegheny County Police shall investigate all violations not undertaken by properly designated local law enforcement agencies. The County Police shall record and retain complaint information, and local law enforcement agencies shall transmit reports of all enforcement actions undertaken pursuant to the terms of this Chapter to the County Police.
B. All individuals, owners of, individuals in control of, or business license holders for businesses or other establishments subject to the provisions of this Chapter shall, upon conviction for violation of any of the terms of this Chapter, be guilty of a summary offense and shall be sentenced to pay a fine not to exceed two hundred and fifty dollars ($250). For second and subsequent offenses, such sentence shall be to pay a fine not to exceed $500 and/or to a term of imprisonment not to exceed ninety (90) days. For the purposes of this Section, each denial of opportunity or other discriminatory, retaliatory or other proscribed action shall constitute a separate offense.
SECTION 2.
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.