Riedel v. HUMAN REL. COM'N OF READING

739 A.2d 121, 559 Pa. 34, 1999 Pa. LEXIS 2997
CourtSupreme Court of Pennsylvania
DecidedOctober 6, 1999
StatusPublished
Cited by66 cases

This text of 739 A.2d 121 (Riedel v. HUMAN REL. COM'N OF READING) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riedel v. HUMAN REL. COM'N OF READING, 739 A.2d 121, 559 Pa. 34, 1999 Pa. LEXIS 2997 (Pa. 1999).

Opinions

OPINION

NIGRO, Justice.

Appellant, the Human Relations Commission of the City of Reading (“Commission”), appeals from the order of the Commonwealth Court reversing the trial court’s determination that Appellee Augustus Riedel had committed an unlawful housing practice in violation of the City of Reading’s Human Relations Ordinance (“Ordinance”). For the reasons outlined below, we reverse.

From September, 1992 through November, 1994, Millicent Ferrer, who is Hispanic, and her two young children were tenants in an apartment in a row home in the City of Reading. The Ferrer family lived directly above Appellee, who is Caucasian. Beginning in, late 1993, Appellee began harassing the Ferrer family, making derogatory and hostile remarks to them in response to what he considered to be excessive noise coming from the Ferrers’ apartment. These remarks included frequent denigrating references to the Ferrer family’s national origin. Appellee’s harassment of the Ferrer family continued until they moved from their apartment in November, 1994.

Ms. Ferrer filed a complaint against Appellee with the Commission, alleging that Appellee had violated the unlawful housing practice provisions of the Ordinance. At the hearing before the Commission, Appellee’s conduct was graphically described by Ms. Ferrer’s friend, Joseph Santana:

I personally heard Mr. [Riedel] address Mrs. Ferrer as an f—ing Puerto Rican whore on many occasions, you need to get your f—ing ass out of here. This is America. This is not a place for you. Go back to where you came from ... I [37]*37could remember I heard Mr. Riedel addressing the boy as you are nothing but a f—ing Puerto Rican - head.

N.T., 1/23/96, at 45.

The Commission found, among many things, that Appellee’s conduct was of a threatening nature and that it had been designed to force the Ferrer family to move from their apartment. The Commission concluded that Appellee had engaged in an unlawful discriminatory housing practice by interfering with Ms. Ferrer’s right to the quiet enjoyment of her apartment in violation of section 155.07(2) of the Ordinance (“section 155.07(Z)”), which makes it unlawful:

for any person to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this Ordinance.

The Commission directed Appellee to pay a $500.00 fine and to write a letter of apology to Ms. Ferrer. Appellee filed an appeal with the trial court, contending: that his actions did not constitute a discriminatory housing practice under the Ordinance, that the Reading Commission’s findings of fact were not supported by the record, that two of the Commission’s members who signed the decision were actually not present at the hearing, and that the Commission’s decision was unjustified under the facts of the case. The trial court dismissed Appellee’s appeal. Appellee then filed an appeal with the Commonwealth Court, raising the same issues that he had raised before the trial court.

The Commonwealth Court, however, did not address the issues raised by Appellee. Rather, the court sua sponte considered the issue of whether the Commission had the authority to enact and enforce section 155.07(Z) of its Ordinance since no corresponding provision, proscribing the same discriminatory conduct as that prohibited by section 115.07(Z), existed in the Pennsylvania Human Relations Act (“PHRA”). The court found that local commissions, such as the Reading [38]*38Human Relations Commission, only have the authority to proscribe discriminatory conduct which is also rendered unlawful by the PHRA. Concluding that the conduct proscribed by section 155.07(Z) was not also proscribed by the PHRA, which “does not include-among unlawful discrimination practices the interference with a person’s quiet enjoyment of his apartment, even if accompanied by racial epithets,” Riedel v. Reading Human Relations Commission, 703 A.2d 1072, 1075 (Pa.Commw.1997), the Commonwealth Court found that the Commission had exceeded its authority by prohibiting Appellee’s conduct and reversed the order of the trial court.

The Commission filed a Petition for Allowance of Appeal. We granted allocatur to determine whether the Commonwealth Court properly raised the issue of the Commission’s authority to act in this case sua sponte and if so, whether the Commonwealth Court’s determination that the Commission had exceeded its authority by enacting and enforcing section 155.07(Z) was proper.

As a threshold issue, the Commission argues that the Commonwealth Court improperly sua sponte raised and addressed the issue of whether the Commission had exceeded its authority by enacting and enforcing section 155.07(Z) because an analogous provision does not exist in the PHRA. In making its argument, the Commission notes that Appellee did not raise this issue in his brief to the lower court, in his statement of matters complained of on appeal, or in his brief to the Commonwealth Court. Therefore, according to the Commission, Appellee has not properly preserved the issue for appellate review.

It is axiomatic that issues not preserved for appellate review will not be addressed by the appellate court. See Pa. R.A.P. 302. “Issues not preserved for appellate review cannot be considered by an appellate court, even where the alleged error involves a basic or fundamental mistake.” Arthur v. Kuchar, 546 Pa. 12, 21, 682 A.2d 1250, 1254 (1996); see also Kimmel v. Somerset County Commissioners, 460 Pa. 381, 384, 333 A.2d 777, 779 (1975) (judgment cannot be reversed on [39]*39theory that was not presented to the trial court). Here, while Appellee has consistently maintained that his actions do not constitute a violation under the Ordinance, at no time did he challenge the authority of the Commission to enact the applicable provision of the Ordinance or claim that such provision was otherwise invalid. Thus, because the record reflects that Appellee failed to raise the issue of the Commission’s authority to act before the lower courts, we agree with the Commission that Appellee has not properly preserved this issue for appellate review.

However, although Appellee makes no attempt to argue why it was proper for the Commonwealth Court to reverse on the basis of an issue that it had raised sua sponte, we recognize that a court may, at any time, raise the issue of an agency’s jurisdiction sua sponte. See Blackwell v. State Ethics Comm’n, 523 Pa. 347, 358, 567 A.2d 630, 636 (1989) (issues concerning an agency’s jurisdiction are never waived and can be raised sua sponte by court); LeFlar v. Gulf Creek Industrial Park # 2, 511 Pa. 574, 581, 515 A.2d 875, 879 (1986) (issue of subject matter jurisdiction may be raised at any time by parties or sua sponte by appellate court); Daly v. School District of Darby Township, 434 Pa.

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Bluebook (online)
739 A.2d 121, 559 Pa. 34, 1999 Pa. LEXIS 2997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riedel-v-human-rel-comn-of-reading-pa-1999.