16 Pa. Code § 45.4

Current through Register Vol. 54, No.43, October 26, 2024

Section 45.4 - Definitions

(a) As used in this chapter, unless a different meaning appears from the context or a different definition is provided in this section, the definitions found at § 44.4 (relating to definitions) apply.

(b) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act-The Pennsylvania Human Relations Act (43 P. S. §§ 951-963).

Aggrieved person-As used in section 9(a) of the act (43 P. S. § 959(a)), a person claiming to be aggrieved includes a person who does one of the following:

(i) Claims to be aggrieved by a discriminatory housing practice.

(ii) Reasonably believes that he will be injured by a discriminatory housing practice that is about to occur.

Commission-The Human Relations Commission of the Commonwealth.

Dormitory-A building with sleeping accommodations provided by an educational institution approved by, licensed by or if not required to be so approved or licensed, subject to 22 Pa. Code Part I (relating to Board of Education) for its on campus students.

Housing accommodations or commercial property-All real property subject to the jurisdiction of the act.

Housing for older persons-Housing that is one or more of the following:

(i) Provided under a Federal or State program that the Commission determines is specifically designed and operated to assist elderly persons as defined in a Federal or State program. In determining whether a Federal or State program is designed and operated to assist elderly persons, the opinion of the Secretary of Housing and Urban Development will be adopted.

(ii) Intended for, and solely occupied by persons 62 years of age or older.

(iii) Intended and operated for occupancy by at least one person 55 years of age or older per unit.

Personal residence-A duplex house or other house in which the owner thereof maintains bona fide residence for himself. The term does not include a building containing three or more separate living quarters occupied or intended to be occupied by individuals or families living independently of each other, whether or not the owner maintains a bona fide residence therein. A building or structure occupied and used by the owner shall lose its identity as a personal residence when the owner moves out of the building and no longer uses it as a bona fide residence for himself.

Protected class-The term includes the following:

(i) The race, color, familial status, age, religious creed, ancestry, sex, national origin, handicap or disability of any person.

(ii) The handicap or disability of an individual with whom the person is known to have a relationship or association.

(iii) The use of a guide or support animal because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of guide or support animals.

Real estate-related transaction-One or more of the following:

(i) Making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a housing accommodation or commercial property.

(ii) Purchasing, constructing, improving, repairing or maintaining a housing accommodation or commercial property.

(iii) Selling, brokering or appraising real property.

Rooming house-A building containing single rooms for rent with no private individual kitchen facilities for use by the renters.

16 Pa. Code § 45.4

The provisions of this §45.4 adopted December 17, 1993, effective 12/18/1993, 23 Pa.B. 5901.

This section cited in 16 Pa. Code § 45.8 (relating to advertisements); and 16 Pa. Code § 45.13 (relating to exemptions).