Section 45.192. Affirmative defenses

It shall be an affirmative defense precluding a finding that an advertiser has knowingly and willfully violated the act and this subchapter if the advertiser has complied with one of the following:

(1) Attempted, in good faith, to comply with the list and specific examples of impermissible housing advertisements described in this subchapter.

(2) A written advisory of the Commission concerning what constitutes appropriate housing advertisements. The Commission will maintain the written advisory on file and provide a copy of the advisory to the advertiser. To obtain an advisory, the advertiser shall telephone the Commission Housing Division at [phone] or write to the Commission, 101 S. Second Street, Suite 300, Post Office Box 3145, Harrisburg, Pennsylvania 17105-3145, Attn: Housing Division, and indicate the language of the advertisement in question. Appropriate Commission housing staff will inform the advertiser of its decision on the ad and follow-up with a written advisory within 10 working days.

(3) Made reasonable efforts in good faith to comply with the act.

The provisions of this § 45.192 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.

Notation

Authority

The provisions of this § 45.192 issued under sections 1—6 of the Pennsylvania Human Relations Act (43 P. S. § § 954, 955, 959, 959.1, 959.1 note, 959.3 and 963).

Cross References

This section cited in 16 Pa. Code § 45.161 (relating to purpose); and 16 Pa. Code § 45.193 (relating to good faith efforts).