§ 45.9. Governmental units.
(a) A governmental unit or political subdivision may not take an action which would have the effect of denying equal access to housing accommodations or commercial property within the subdivision, to any person on the basis of a protected class. It is not a defense to the action that the governmental act in question was the result, in whole or in part, of public opposition to the efforts of the member of the protected class to obtain housing accommodations or commercial property within the political subdivision.
(b) Activity by a political subdivision or governmental unit which is prohibited when based upon a person or person’s protected class includes, but is not limited to:
(1) An action, including the furnishing of services, which directly or indirectly affects housing accommodations or commercial property.
(2) An action taken by a unit of the political subdivision or governmental unit such as a zoning board or planning commission. Prohibited actions by the subdivision and by these boards and commissions include the consideration of the protected class of any person in the development or application of zoning and building codes, occupancy requirements, land use plans, comprehensive plans or long range plans.
Source The provisions of this § 45.9 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.
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