Section 45.161. Purpose  


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  • (a) The list of words in § 45.181 (relating to words to be avoided) does not contain every possible word and phrase that may violate the act. The purpose of this section is to provide as complete a list as possible.

    (1) For example, while many nationalities, types of disabilities and races are mentioned, the list is not inclusive. Any word indicating ancestry, race, color, religion or disability is equally prohibited in the context of the real estate advertisements.

    (2) The list will provide guidance on how to recognize the type of language that may be violative of the act.

    (3) When the context of the word or phrase is key to its possible unlawful meaning that will be noted.

    (b) The purpose of this subchapter is to insure that advertisements for housing and commercial property do not include words, phrases, symbols, and the like, which violate the advertising provisions of the act.

    (c) Section 45.192 (relating to affirmative defenses) contains affirmative defenses which will preclude a finding of a willful and knowing violation of the advertising provisions of the act.

    (d) This subchapter implements the statutory mandate of section 9.1(b) of the act (43 P. S. § 959.1(b)).

The provisions of this § 45.161 adopted July 7, 2000, effective July 8, 2000, 30 Pa.B. 3434.

Notation

Authority

The provisions of this § 45.161 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).