PRINTER'S NO. 2732
No. 2069 Session of 2001
INTRODUCED BY E. Z. TAYLOR AND SCHRODER, OCTOBER 23, 2001
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 23, 2001
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 Governor's Office; defining its functions, powers and duties;
8 providing for procedure and enforcement; providing for
9 formulation of an educational program to prevent prejudice;
10 providing for judicial review and enforcement and imposing
11 penalties," providing for an additional class of individuals
12 entitled to protection and freedom from discrimination in
13 employment, housing and public accommodation.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Sections 3, 5(h)(1) and 5.3 of the act October
17 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human
18 Relations Act, amended December 20, 1991 (P.L.414, No.51), are
19 amended to read:
20 Section 3. Right to Freedom from Discrimination in
21 Employment, Housing and Public Accommodation.--The opportunity
22 for an individual to obtain employment for which he is
23 qualified, and to obtain all the accommodations, advantages,
1 facilities and privileges of any public accommodation and of any
2 housing accommodation and commercial property without
3 discrimination because of race, color, familial status,
4 religious creed, ancestry, handicap or disability, age, sex,
5 national origin, occupation, the use of a guide or support
6 animal because of the blindness, deafness or physical handicap
7 of the user or because the user is a handler or trainer of
8 support or guide animals is hereby recognized as and declared to
9 be a civil right which shall be enforceable as set forth in this
10 act.
11 Section 5. Unlawful Discriminatory Practices.--It shall be
12 an unlawful discriminatory practice, unless based upon a bona
13 fide occupational qualification, or in the case of a fraternal
14 corporation or association, unless based upon membership in such
15 association or corporation, or except where based upon
16 applicable security regulations established by the United States
17 or the Commonwealth of Pennsylvania:
18 * * *
19 (h) For any person to:
20 (1) Refuse to sell, lease, finance or otherwise to deny or
21 withhold any housing accommodation or commercial property from
22 any person because of the race, color, familial status, age,
23 religious creed, ancestry, sex, national origin, occupation or
24 handicap or disability of any person, prospective owner,
25 occupant or user of such housing accommodation or commercial
26 property, or to refuse to lease any housing accommodation or
27 commercial property to any person due to use of a guide animal
28 because of the blindness or deafness of the user, use of a
29 support animal because of a physical handicap of the user or
30 because the user is a handler or trainer of support or guide
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1 animals or because of the handicap or disability of an
2 individual with whom the person is known to have a relationship
3 or association.
4 * * *
5 Section 5.3. Prohibition of Certain Real Estate Practices.--
6 It shall be an unlawful discriminatory practice for any person
7 to:
8 (a) Induce, solicit or attempt to induce or solicit for
9 commercial profit any listing, sale or transaction involving any
10 housing accommodation or commercial property by representing
11 that such housing accommodation or commercial property is within
12 any neighborhood, community or area adjacent to any other area
13 in which there reside, or do not reside, persons of a particular
14 race, color, familial status, age, religious creed, ancestry,
15 sex, national origin, occupation, handicap or disability, or who
16 are guide or support animal dependent.
17 (b) Discourage, or attempt to discourage, for commercial
18 profit, the purchase or lease of any housing accommodation or
19 commercial property by representing that such housing
20 accommodation or commercial property is within any neighborhood,
21 community or area adjacent to any other area in which there
22 reside, or may in the future reside in increased or decreased
23 numbers, persons of a particular race, color, familial status,
24 age, religious creed, ancestry, sex, national origin,
25 occupation, handicap or disability, or who are guide or support
26 animal dependent.
27 (c) Misrepresent, create or distort a circumstance,
28 condition or incident for the purpose of fostering the
29 impression or belief, on the part of any owner, occupant or
30 prospective owner or occupant of any housing accommodation or
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1 commercial property, that such housing accommodation or
2 commercial property is within any neighborhood, community or
3 area adjacent to any other area which would be adversely
4 impacted by the residence, or future increased or decreased
5 residence, of persons of a particular race, color, familial
6 status, age, religious creed, ancestry, sex, national origin,
7 occupation, handicap or disability, or who are guide or support
8 animal dependent within such neighborhood, community or area.
9 (d) In any way misrepresent or otherwise misadvertise within
10 a neighborhood or community, whether or not in writing, that any
11 housing accommodation or commercial property within such
12 neighborhood or community is available for inspection, sale,
13 lease, sublease or other transfer, in any context where such
14 misrepresentation or misadvertising would have the effect of
15 fostering an impression or belief that there has been or will be
16 an increase in real estate activity within such neighborhood or
17 community due to the residence, or anticipated increased or
18 decreased residence, of persons of a particular race, color,
19 familial status, age, religious creed, ancestry, sex, national
20 origin, occupation, handicap or disability, or the use of a
21 guide or support animal because of the blindness, deafness or
22 physical handicap of the user.
23 Section 2. This act shall take effect immediately.
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