PRINTER'S NO. 2011
No. 1674 Session of 1989
INTRODUCED BY J. L. WRIGHT, ROBINSON, SEMMEL, MORRIS, HALUSKA,
McVERRY, ARGALL, NAHILL, WOGAN, CESSAR, CIVERA, LINTON,
J. TAYLOR, KUKOVICH, GIGLIOTTI, VROON, VEON, MELIO, OLASZ,
CORNELL, SERAFINI, TRICH, THOMAS, BISHOP, D. W. SNYDER, FOX,
DIETTERICK, E. Z. TAYLOR, TRELLO, HERMAN, CORRIGAN, STAIRS,
LASHINGER, MERRY, PETRARCA, ITKIN, ANGSTADT, MAIALE, HOWLETT,
KASUNIC AND JOHNSON, JUNE 12, 1989
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 12, 1989
AN ACT
1 Amending the act of October 27, 1955 (P.L.744, No.222),
2 entitled, as amended, "An act prohibiting certain practices
3 of discrimination because of race, color, religious creed,
4 ancestry, age or national origin by employers, employment
5 agencies, labor organizations and others as herein defined;
6 creating the Pennsylvania Human Relations Commission in the
7 Department of Labor and Industry; defining its functions,
8 powers and duties; providing for procedure and enforcement;
9 providing for formulation of an educational program to
10 prevent prejudice; providing for judicial review and
11 enforcement and imposing penalties," prohibiting
12 discrimination on the basis of age in certain matters
13 relating to housing and real property.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 4(h) of the act of October 27, 1955
17 (P.L.744, No.222), known as the Pennsylvania Human Relations
18 Act, amended December 15, 1982 (P.L.1267, No.288), is amended to
19 read:
20 Section 4. Definitions.--As used in this act unless a
21 different meaning clearly appears from the context:
1 * * *
2 (h) The term "age" includes any person [between the ages of
3 forty and seventy inclusive] forty years of age and older and
4 shall also include any other person so protected by further
5 amendment to the Federal Age Discrimination in Employment Act.
6 * * *
7 Section 2. Section 5(h) of the act, amended December 16,
8 1986 (P.L.1626, No.186), is amended to read:
9 Section 5. Unlawful Discriminatory Practices.--It shall be
10 an unlawful discriminatory practice, unless based upon a bona
11 fide occupational qualification, or in the case of a fraternal
12 corporation or association, unless based upon membership in such
13 association or corporation, or except where based upon
14 applicable security regulations established by the United States
15 or the Commonwealth of Pennsylvania:
16 * * *
17 (h) For any person to:
18 (1) Refuse to sell, lease, finance or otherwise to deny or
19 withhold any housing accommodation or commercial property from
20 any person because of the race, color, religious creed,
21 ancestry, sex, age, national origin or handicap or disability of
22 any prospective owner, occupant or user of such housing
23 accommodation or commercial property, or to refuse to lease any
24 housing accommodation or commercial property to any person due
25 to use of a guide animal because of the blindness or deafness of
26 the user, or use of a support animal because of a physical
27 handicap of the user or because the user is a handler or trainer
28 of support or guide animals.
29 (1.1) Evict or attempt to evict an occupant of any housing
30 accommodation before the end of the term of a lease because of
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1 pregnancy or the birth of a child.
2 (2) Refuse to lend money, whether or not secured by mortgage
3 or otherwise for the acquisition, construction, rehabilitation,
4 repair or maintenance of any housing accommodation or commercial
5 property or otherwise withhold financing of any housing
6 accommodation or commercial property from any person because of
7 the race, color, religious creed, ancestry, sex, age, national
8 origin, handicap or disability or the use of a guide or support
9 animal because of the blindness, deafness or physical handicap
10 of the user or because the user is a handler or trainer of
11 support or guide animals, of any present or prospective owner,
12 occupant or user of such housing accommodation or commercial
13 property.
14 (3) Discriminate against any person in the terms or
15 conditions of selling or leasing any housing accommodation or
16 commercial property or in furnishing facilities, services or
17 privileges in connection with the ownership, occupancy or use of
18 any housing accommodation or commercial property because of the
19 race, color, religious creed, ancestry, sex, age, national
20 origin, handicap or disability or the use of a guide or support
21 animal because of the blindness, deafness or physical handicap
22 of the user or because the user is a handler or trainer of
23 support or guide animals, of any present or prospective owner,
24 occupant or user of such housing accommodation or commercial
25 property.
26 (4) Discriminate against any person in the terms or
27 conditions of any loan of money, whether or not secured by
28 mortgage or otherwise for the acquisition, construction,
29 rehabilitation, repair or maintenance of housing accommodation
30 or commercial property because of the race, color, religious
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1 creed, ancestry, sex, age, national origin or handicap or
2 disability of any present or prospective owner, occupant or user
3 of any housing accommodation or commercial property.
4 (5) Print, publish or circulate any statement or
5 advertisement: (i) relating to the sale, lease or acquisition of
6 any housing accommodation or commercial property or the loan of
7 money, whether or not secured by mortgage, or otherwise for the
8 acquisition, construction, rehabilitation, repair or maintenance
9 of any housing accommodation or commercial property which
10 indicates any preference, limitation, specification, or
11 discrimination based upon race, color, religious creed,
12 ancestry, sex, age, national origin or handicap or disability,
13 or (ii) relating to the lease of any housing accommodation or
14 commercial property which indicates any preference, limitation,
15 specification or discrimination based upon use of a guide or
16 support animal because of the blindness, deafness or physical
17 handicap of the user or because the user is a handler or trainer
18 of support or guide animals.
19 (6) Make any inquiry, elicit any information, make or keep
20 any record or use any form of application, containing questions
21 or entries concerning race, color, religious creed, ancestry,
22 sex, age, national origin or handicap or disability in
23 connection with the sale or lease of any housing accommodation
24 or commercial property or loan of any money, whether or not
25 secured by mortgage or otherwise for the acquisition,
26 construction, rehabilitation, repair or maintenance of any
27 housing accommodation or commercial property, or to make any
28 inquiry, elicit any information, make or keep any record or use
29 any form of application, containing questions or entries
30 concerning the use of a guide or support animal because of the
19890H1674B2011 - 4 -
1 blindness, deafness or physical handicap of the user or because
2 the user is a handler or trainer of support or guide animals, in
3 connection with the lease of any housing accommodation or
4 commercial property.
5 * * *
6 Section 3. This act shall take effect in 60 days.
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