Section 959.1 - Procedure regarding housing advertisements(a) Where the alleged violation of this act complained of involves an advertisement, the following procedure specified in this section shall apply.(b) The Commission shall compile, publish and update as required a list of words, phrases, symbols and the like which are impermissible under this act when used in housing advertisements and shall publish in the Pennsylvania Bulletin both this list and specific examples of housing advertisements which are impermissible under this act. This list shall be published within sixty days of the effective date of this section and shall serve thereafter as proposed rulemaking in full force and effect until such time as the final-form regulations are adopted.(c) An advertiser who knowingly and wilfully violates this act may be penalized under section 9(f)(2) and (f.1). It shall be an affirmative defense precluding a finding that an advertiser has knowingly and wilfully violated this act if an advertiser has either: (1) attempted in good faith to comply with the list and specific examples of impermissible housing advertisements described in subsection (b); or(2) complied with an interpretation of the Commission or its personnel concerning what constitutes appropriate housing advertisements. It shall also be an affirmative defense precluding a finding that an advertiser has knowingly and wilfully violated this act if an advertiser has made reasonable efforts in good faith to comply with this act. Guidelines as to the type of conduct which constitutes such reasonable efforts to comply shall be developed and published by the Commission in the Pennsylvania Bulletin along, with the list and specific examples of impermissible advertising described in subsection (b).
(d)(1) In order to facilitate the speedy implementation of this program, the Commission shall have the power and authority to promulgate, adopt and use guidelines which shall be published in the Pennsylvania Bulletin. The guidelines shall not be subject to review pursuant to section 205 of the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law, sections 204(b) and 301(10) of the act of October 15, 1980 (P.L. 950, No. 164), known as the "Commonwealth Attorneys Act," or the act of June 25, 1982 (P.L. 633, No. 181), known as the "Regulatory Review Act," and shall be effective for a period not to exceed two (2) years from the effective date of this section.(2) After the expiration of the two (2) year period, all guidelines shall expire and shall be replaced by regulations which shall have been promulgated, adopted and published as provided by law within two (2) years from the effective date of this section.1955, Oct. 27, P.L. 744, No. 222, § 9.1, added 1997, June 25, P.L. 326, No. 34, § 4, effective in 60 days.