16 Pa. Code § 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
(717) 787-4055 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.
Notes
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).
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