The Commonwealth Court of Pennsylvania upheld a final order of the Pennsylvania Human Relations Commission (PHRC) finding that the Reading Housing Authority (RHA) violated the Pennsylvania Human Relations Act by unlawfully denying a reasonable accommodation to a tenant with a disability who requested accessible parking.
PHRC Chairperson Joel Bolstein stated, “The Commonwealth Court’s decision powerfully affirms that reasonable accommodations for people with disabilities are not optional, nor are they favors. They are enforceable civil rights. This ruling reinforces the Commission’s authority to ensure that housing providers comply with the law and that individuals with disabilities are afforded full and equal access to their homes and communities.”
In Reading Housing Authority v. Pennsylvania Human Relations Commission, the Court determined the Commission’s determination that RHA failed to make necessary and reasonable accommodations, and that the prolonged denial of accessible parking caused the complainant, embarrassment, humiliation, and emotional distress. The Court also rejected RHA’s statute of limitations and damages arguments, concluding that the discrimination was a continuing violation and that the $20,000 compensatory damages award was supported by substantial evidence.
“Accessible parking is a matter of dignity, safety, and equal opportunity,” said PHRC Executive Director Chad Dion Lassiter, MSW. “The affirmation of this order sends a clear message across the Commonwealth: when the rights of people with disabilities are violated, the Pennsylvania Human Relations Commission will act, and the courts will uphold justice.”
A public hearing was held November 3, 2023, in Berks County. The complainant was represented by PHRC Assistant Chief Counsel Dana Prince, Esq. The parties agreed to have a single Commissioner preside over the hearing, which took place before Dr. Raquel 0. Yiengst, Commission Vice-Chair, with PHRC Hearing Examiner Tamara Shehadeh-Cope, Esq. serving in an advisory role.
As affirmed by the Court, the PHRC’s Order requires that:
- Reading Housing Authority cease and desist from denying reasonable accommodations to tenants who have followed its reasonable accommodation process to request accessible parking.
- Within sixty (60) days of the effective date of the Order, Reading Housing Authority complete Fair Housing training.
- Reading Housing Authority pay the complainant a lump sum of $20,000 in compensatory damages for the embarrassment and humiliation she suffered.
PHRC Director of Fair Housing and Commercial Property Brittany Mellinger added, “For nearly five years, this resident was denied an accommodation that the Court has now confirmed was both necessary and reasonable. The Court’s opinion confirms that prolonged delays in providing necessary accommodations are unlawful. This ruling should serve as a clear warning to housing providers across the Commonwealth and help prevent future acts of discrimination.”
