Huber v. Pennsylvania Human Relations Commission

43 Pa. D. & C.2d 437, 1967 Pa. Dist. & Cnty. Dec. LEXIS 236
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedMay 29, 1967
DocketCommonwealth Docket 1966, no. 318
StatusPublished

This text of 43 Pa. D. & C.2d 437 (Huber v. Pennsylvania Human Relations Commission) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Huber v. Pennsylvania Human Relations Commission, 43 Pa. D. & C.2d 437, 1967 Pa. Dist. & Cnty. Dec. LEXIS 236 (Pa. Super. Ct. 1967).

Opinion

Herman, J.,

This is the appeal of Kenneth J. Huber and Charles W. Huber from the decision and final order of the Pennsylvania Human Relations Commission,1 which determined, inter alia, that the Hubers committed unlawful discriminatory practices under section 5(h) of the Pennsylvania Human Relations Act in that they refused to rent commercial housing to James C. Sampson and Geraldine M. Sampson, Negroes, because of their race; and further, that the said Hubers maintain a policy of refusing to rent commercial housing to Negroes because of their race. The final order of the commission then directed respondents-appellants (Hubers) to cease and desist from this unlawful discriminatory practice; to offer to rent to the Sampsons premises No. 148 Third Avenue, Newtown Square, Delaware County, Pa., for a term of one year at the monthly rental of $135; to comply with the Pennsylvania Human Relations Act, and to take other affirmative action.

Appellants contend that the Pennsylvania Human Relations Act of October 27, 1955, P. L. 744, sec. 1, as amended by the Act of February 28, 1961, P. L. 47; sec. 1, 43 PS §951 et seq. (hereinafter referred to as the “act”) is unconstitutional; first because the act and amendments were passed by legislatures which were malapportioned as to these appellants and thus [439]*439denied them the equal protection of the laws and due process of law; that the act itself violates the guarantee of the Fourteenth Amendment to the Constitution of the United States as to equal protection and due process2; and, secondly, because it violates article I, sec. 1, and article I, sec. 10, of the Pennsylvania Constitution.3 Appellants further contend that the decision and order are void because they are based on findings of fact that were not supported by substantial evidence. Finally, appellants complain that Kenneth J. Huber was not properly served with the complaint and notice of hearing before the commission, and that Charles W. Huber was improperly made a party to the proceedings at the time of and during the hearing.

We shall consider the procedural matters first. Complaint by Geraldine M. Sampson was made against Irving A. Miller, realtor (who did not appeal from the decision and order of the commission), and Kenneth J. Huber, owner, on June 10, 1966. On June 17, 1966, Carl T. Jones, field representative for the Human Relations Commission, served copies of the notice of hearing, presumably with copies of the complaint,4 on one Thomas Surbani, a tenant-resident of 4223 West Chester Pike, Newtown Square, Pa., the resi[440]*440dence of Kenneth J. Huber, with instructions to give one copy to Kenneth J. Huber and one to Charles W. Huber, the latter of whom was not then named as a party-respondent. The complaint was amended, on June 21st, to include the name of James C. Sampson, the husband, as a complainant, and three days later an answer was filed which was signed and sworn to by not only Kenneth J. Huber, who complains about the service, but also by Charles W. Huber, who was still not named as a party.

At the hearing before the commission on June 27th, Kenneth J. Huber appeared personally and by counsel, and Charles W. Huber was personally present and testified. On or about July 11,1966, Charles W. Huber filed with the commission another answer to the complaint denying any unlawful discriminatory practice and attacking the constitutionality of the Pennsylvania Human Relations Act. At the same time, Kenneth J. Huber filed an amended answer raising the same constitutional question.

The Human Relations Act provides simply that “the Commission shall cause to be issued and served a written notice, together with a copy of . . . [the] complaint”: Section 9, 43 PS §959. The regulations duly adopted by the commission, pursuant to authority granted to it in the act, provide that notice of the hearing may be served personally or by registered mail: Section 105.02. The Administrative Agency Law of June 4, 1945, P.L. 1388, sec. 31, states only that a party must be “afforded reasonable notice of a hearing and an opportunity to be heard”: 71 PS §1710.31. Under all the facts in this case, we conclude that both Hubers had adequate notice of the hearing before the commission, and the objection to the notice has no merit.

Although Charles W. Huber was not named as a respondent in the complaint, he apparently assumed [441]*441that he was a respondent, for he promptly swore to and filed an answer. Thereafter, at the hearing which he attended and sat at counsel table, he was made a party by the commission. It was clear that, in the investigation by the commission representative prior to the hearing, which investigation is required by the act, Charles W. Huber at all times represented himself as the responsible party concerned with the rental of the premises in question, if not the record owner. At the hearing, although counsel for Kenneth J. Huber, who stoutly maintained he did not represent Charles W. Huber, urged that Charles W. Huber be not made a party to the proceeding and, after he was made a party, that the hearing should be continued until he could retain counsel, Charles W. Huber himself made no objection to his being made a party-respondent; and after the commission had put in its case, he took the stand, and, on being interrogated by Kenneth J. Huber’s counsel, he testified at length concerning the property in question, the refusal to rent to the Sampsons, the role he played in the matter, and what he and his son would do in the future about rental of the premises to the Sampsons. Thereafter, as hereinbefore mentioned, he filed another answer.

Of course, a person whose property or contract rights will be adjudicated in a proceeding before an administrative agency should be made a party to the proceedings, but it is not necessary that he be made a party in the pleading stage, if, when he is properly made a party, he has an opportunity to be heard. An analogous situation, in actions at law, is provided for in Pennsylvania Rule of Civil Procedure 2232(c); Goodrich-Amram §2232 (c)-l, points out that a new party may be added at any stage in the action, during trial, or even after testimony is closed.

“It has been said that the most important characteristic of pleadings in the administrative process is [442]*442their ^importance. In proceedings before administrative authorities, the strict rules of pleading and practice applicable to common-law actions do not apply . . 1 P.L. Encyc., Administrative Law and Procedure §38 (1957). (Italics supplied.)

The Superior Court, in Byers v. Pennsylvania Public Utility Commission, 176 Pa. Superior Ct. 620, 624 (1954), said:

“We have stated ‘that it is the duty of the administrative boards to hold fair and open hearings and to give notice so that those interested may have an opportunity to be heard and the rudiments of fair play’ be observed”.

In our judgment, under all the circumstances of this case, the rudiments of fair play were observed, and Charles W. Huber should be considered a respondent in this case.

We now turn our attention to the constitutional questions raised by respondents, hereinafter sometimes called appellants.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Railway Mail Assn. v. Corsi
326 U.S. 88 (Supreme Court, 1945)
District of Columbia v. John R. Thompson Co.
346 U.S. 100 (Supreme Court, 1953)
Baker v. Carr
369 U.S. 186 (Supreme Court, 1962)
Reynolds v. Sims
377 U.S. 533 (Supreme Court, 1964)
Colorado Anti-Discrimination Commission v. Case
380 P.2d 34 (Supreme Court of Colorado, 1962)
United States v. Commonwealth of Pennsylvania
214 F. Supp. 913 (W.D. Pennsylvania, 1963)
Butcher v. Bloom
216 A.2d 457 (Supreme Court of Pennsylvania, 1966)
Jones v. Haridor Realty Corp.
181 A.2d 481 (Supreme Court of New Jersey, 1962)
Butcher v. Bloom
203 A.2d 556 (Supreme Court of Pennsylvania, 1964)
Gambone v. Commonwealth
101 A.2d 634 (Supreme Court of Pennsylvania, 1954)
Byers v. Pennsylvania Public Utility Commission
109 A.2d 232 (Superior Court of Pennsylvania, 1954)
Massachusetts Commission Against Discrimination v. Colangelo
182 N.E.2d 595 (Massachusetts Supreme Judicial Court, 1962)
Commonwealth Ex Rel. Woodside v. Sun Ray Drug Co.
116 A.2d 833 (Supreme Court of Pennsylvania, 1955)
David v. Vesta Co.
212 A.2d 345 (Supreme Court of New Jersey, 1965)
White's Appeal
134 A. 409 (Supreme Court of Pennsylvania, 1926)
Pennsylvania Labor Relations Board v. Kaufmann Department Stores, Inc.
29 A.2d 90 (Supreme Court of Pennsylvania, 1942)
Pennsylvania State Board of Medical Education v. Schireson
61 A.2d 343 (Supreme Court of Pennsylvania, 1948)
Ruettger v. Pennsylvania Public Utility Commission
64 A.2d 675 (Superior Court of Pennsylvania, 1948)
Shenandoah Suburban Bus Lines, Inc., Case
355 Pa. 521 (Supreme Court of Pennsylvania, 1947)

Cite This Page — Counsel Stack

Bluebook (online)
43 Pa. D. & C.2d 437, 1967 Pa. Dist. & Cnty. Dec. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huber-v-pennsylvania-human-relations-commission-pactcompldauphi-1967.