Riedel v. Human Relations Commission

756 A.2d 142, 2000 Pa. Commw. LEXIS 409
CourtCommonwealth Court of Pennsylvania
DecidedJuly 17, 2000
StatusPublished
Cited by2 cases

This text of 756 A.2d 142 (Riedel v. Human Relations Commission) is published on Counsel Stack Legal Research, covering Commonwealth 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 Relations Commission, 756 A.2d 142, 2000 Pa. Commw. LEXIS 409 (Pa. Ct. App. 2000).

Opinion

SMITH, Judge.

This case is before the Court on remand by order of the Pennsylvania Supreme Court. The Supreme Court reversed this Court’s decision to reverse the order of the Berks County Court of Common Pleas affirming an order of the Human Relations Commission of the City of Reading (HRC). The HRC held that Appellant Augustus Riedel engaged in a “discriminatory housing practice” in violation of Section 155.07(£) of the City of Reading’s Human Relations Ordinance (Ordinance) by making repeated obscene, hostile and derogatory remarks to Millicent Ferrer and her two children. The issues presented are whether Riedel’s conduct violated Section 155.07(i) of the Ordinance; whether the HRC’s determination that Riedel’s conduct was threatening or coercive toward Ferrer was supported by substantial evidence; whether Riedel’s constitutional rights were violated when only two of the four HRC commissioners who signed the decision were present at the hearing; and whether the $500 fine imposed by the HRC was punitive and unjustified.

[144]*144I

Ferrer, a Puerto Rican, resided with her two children aged 13 and 9 in a second-floor apartment on North Tenth Street in the City of Reading from September 1992 to November 1994. During that time Rie-del, a Caucasian, lived in an apartment immediately below Ferrer’s apartment. In December 1993 the relationship between Riedel and Ferrer became unfriendly, and on March 9, 1994 Ferrer filed a complaint with the HRC alleging that Rie-del had harassed her and her children by making derogatory, obscene and hostile remarks to them. After an investigation, the HRC concluded that probable cause existed to support Ferrer’s allegations.

On January 23, 1996, two of the five HRC commissioners conducted a public hearing on the complaint. Ferrer testified that Riedel made repeated obscene and hostile remarks to her and her children, that he would yell these remarks from his apartment or from the hallway outside of his apartment, that he would pound on the walls and ceiling of his apartment and that she and her children vacated their apartment in fear of Riedel. Ferrer stated that Riedel made denigrating references to her Puerto Rican origin and told her that she did not belong in this country and that she should stop receiving public assistance. Joseph Santana, a friend of Ferrer’s, gave the following testimony: “I personally heard Mr. Reidel (sic) 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.” N.T., 1/23/96, at 45. Santana heard Riedel make other derogatory and offensive statements to Ferrer’s son.

Riedel testified that he lived with and cared for his elderly father and that his remarks to Ferrer and her children were in response to the excessive noise which came from Ferrer’s apartment and which aggravated his father’s condition. Riedel stated that Ferrer’s son made obscene remarks to him, called him among other things a “f_ing whitey” and told him that he could perform certain obscene acts. N.T., 1/23/96, at 71-72. Riedel also stated that he never used racial slurs and that he was not biased against Latinos or people on public assistance.

The HRC decision, signed by four of the five commissioners, found that Riedel made derogatory, obscene and hostile remarks to Ferrer and her children; that the remarks were of a threatening nature and intended to force them to move from the apartment; that the Ferrer family was intimidated by the remarks and, on more than one occasion, temporarily vacated the apartment; and that the harassment continued until the Ferrer family moved away in November 1994. The HRC concluded that Riedel’s conduct interfered with Ferrer’s right to the quiet enjoyment of her apartment and that this conduct violated Section 155.07(1)© of the Ordinance.1 The HRC ordered Riedel to pay a penalty of $500 to the HRC and to write a letter of apology to Ferrer.

Riedel appealed to the court of common pleas, which affirmed. This Court reversed after it sua sponte addressed whether the HRC had the authority to enforce Section 155.07(1)© the Ordinance when no corresponding provision proscribing similar conduct exists in the Pennsyl[145]*145vania Human Relations Act (PHRA), Act of October 27, 1955, P.L. 744, as amended, 43 P.S. §§ 951-963. See Riedel v. Human Relations Commission of City of Reading, 703 A.2d 1072 (Pa.Cmwlth.1997) (Riedel I). The Court held that local commissions, such as the HRC, only have the authority to proscribe discriminatory conduct that is unlawful under the PHRA and that the PHRA does not proscribe interference with a person’s quiet enjoyment of his or her apartment even if accompanied by racial epithets.

The HRC appealed to the Pennsylvania Supreme Court, which reversed. See Riedel v. Human Relations Commission of City of Reading, 559 Pa. 34, 739 A.2d 121 (1999). The Supreme Court held that, although a court may at any time raise and address the issue of an agency’s jurisdiction, the issue addressed sua sponte by this Court did not involve the HRC’s jurisdiction but rather involved its authority to enforce Section 155.07(1)© of the Ordinance. The Supreme Court explained the differences between an agency’s jurisdiction and authority to act and then concluded that the HRC had jurisdiction over the subject matter of the case, viz, whether an unlawful housing practice had been committed. The Supreme Court determined that this Court improperly raised and addressed whether the HRC had the authority to proscribe Riedel’s conduct because it was not also proscribed by the PHRA. Because Riedel did not raise the issue before the trial court, it was deemed waived. The case was accordingly remanded to this Court to consider the issues that Riedel properly preserved for review.

II

This Court’s review of the HRC’s decision is limited to determining whether it committed a constitutional violation or an error of law or whether its relevant findings of fact were supported by substantial evidence. City of Pittsburgh v. Commission on Human Relations of City of Pittsburgh, 65 Pa.Cmwlth. 610, 444 A.2d 182 (1982). Riedel first argues that the HRC erred in finding that he committed a violation of Section 155.07(1)© of the Ordinance because he took no action that constituted a discriminatory housing practice. Specifically, Riedel argues that the right to quiet enjoyment of one’s apartment is not enumerated in the Ordinance and therefore cannot be protected and, moreover, that this right is held only by a tenant against a landlord pursuant to a lease and not held between two tenants who are not contractually bound.

Neither the Ordinance nor the PHRA specifically addresses the right to reside in housing free from discriminatory conduct of others. Riedel I. Rather, the Ordinance and the PHRA proscribe discriminatory conduct during the search, application, financing, sale or rental of housing. Similarly, the Federal Fair Housing Act (FHA), 42 U.S.C. §§ 3601-3631, prohibits discrimination in the context of the listing, financing, sale or rental of housing.

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Bluebook (online)
756 A.2d 142, 2000 Pa. Commw. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riedel-v-human-relations-commission-pacommwct-2000.