§ 45.14. Attorney fees.
(a) If, upon all the evidence at a public hearing, in cases alleging a violation of section 5(d), (e) or (h) or 5.3 of the act (43 P. S. § § 955(d), (e) and (h) and 955.3) when the underlying complaint is a violation of section 5(h) or 5.3, the Commission finds that a respondent has engaged in or is engaging in an unlawful discriminatory practice as defined in the act, the Commission may award attorney fees and costs to prevailing complainants. If the complainant in an appropriate housing case desires attorney fees and costs as a part of his remedy, evidence of the costs and fees shall be presented at the public hearing.
(b) If upon all the evidence at a public hearing, in cases alleging a violation of section 5(d), (e) or (h) or 5.3 where the underlying complaint is a violation of section 5(h) or 5.3 of the act, the Commission finds that a respondent has not engaged in or is not engaging in an unlawful discriminatory practice as defined in the act, the Commission may award attorney fees and costs to a prevailing respondent if the respondent proves that the complaint was brought in bad faith.
(1) If the respondent in an appropriate housing case desires attorney fees and costs, evidence of bad faith on the part of the complainant and evidence of the costs and fees shall be presented at the public hearing.
(2) If the respondent prevails and bad faith on the part of the complainant is established by a preponderance of the evidence, an order requiring the payment of attorney fees and costs may be issued against the complainant.
Source The provisions of this § 45.14 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.
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