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DEPARTMENT STATE v. VINCENT A. SPANO (02/22/71)

decided: February 22, 1971.

DEPARTMENT OF STATE, COMMISSION OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, STATE REAL ESTATE COMMISSION,
v.
VINCENT A. SPANO, DOING BUSINESS AS SPANO REAL ESTATE CO.



Appeal to the Court of Common Pleas of Dauphin County from the decision of the State Real Estate Commission in case of Department of State, Commission of Professional and Occupational Affairs, State Real Estate Commission v. Vincent A. Spano, doing business as Spano Real Estate Co. Appeal transferred September 1, 1970, to the Commonwealth Court of Pennsylvania.

COUNSEL

Robert E. Woodside, with him Max W. Gibbs, for appellant.

Steven Kachmar, Assistant Attorney General, with him Fred Speaker, Attorney General, for appellee.

President Judge Bowman, and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Barbieri. Opinion by President Judge Bowman.

Author: Bowman

[ 1 Pa. Commw. Page 241]

Vincent A. Spano, the appellant here, is a large-scale real estate broker in Delaware County doing business

[ 1 Pa. Commw. Page 242]

    as Spano Real Estate Co. He brings this appeal from an adjudication and order of the State Real Estate Commission revoking his broker's license pursuant to the Real Estate Brokers License Act of May 1, 1929, P.L. 1216, as amended, 63 P.S. § 440. The conclusions of law in the Commission's adjudication dated July 22, 1970 disclose that the appellant was determined to have violated subsections 10(a)(15), 10(a)(16), and 10(a)(17) of the Act. They provide that: "The commission may, upon its its own motion, and shall, promptly, upon the verified complaint in writing of any person setting forth specifically the wrongful act or acts complained of, investigate any action or business transaction of any licensed real estate broker or real estate salesman; and shall have the power temporarily to suspend or permanently to revoke licenses theretofore issued by the department, under the provisions of this act, at any time when, after due proceedings as hereinafter provided, it shall find the holder thereof to have been guilty. . . . (15) Of giving false information for the purposes of discrimination in the rental or sale of housing due to race, color, religious creed, ancestry or national origin of a prospective lessee or purchaser. (16) Of making distinctions in location of housing or dates of availability of housing for purposes of discrimination in the rental or sale of such housing due to race, color, religious creed, ancestry or national origin of a prospective lessee or purchaser. (17) Of violating the provisions of the act of October 27, 1955 (P.L. 744), known as the 'Pennsylvania Human Relations Act,' [43 P.S. § 951 et seq.] or if he deals in a discriminatory manner with any individual desiring to rent or purchase housing accommodations because of the person's race, religious creed, or national origin." 63 P.S. § 440(a)(15), (16), (17).

[ 1 Pa. Commw. Page 243]

These three subsections were added by the amending Act of October 11, 1967, effective December 11, 1967.*fn1

A citation and notice of hearing was issued by the Commission on March 10, 1969 based upon eight complaints received by the Pennsylvania Human Relations Commission alleging that appellant or his agents had refused because of their race to show or rent apartments or dwellings: "1. to Lillie McDonald on or about November 20, 1967; 2. to William Wells on or about November 29, 1967; 3. to Stanley Lindner, Jr. on or about December 17, 1967; 4. to Walker D. Toatley on or about July 17, 1968; 5. to Elizabeth G. Beecher on or about October 1, 1968; 6. to Lillie Lawson and/or Ronald K. Dale on or about November 5, 1968; 7. to Stanley E. Hill, Jr. on or about June 28, 1969."

Further, the citation states that the Commission had received notice of an adjudication by the Pennsylvania Human Relations Commission finding appellant to have engaged in unlawful discriminatory practices in dealings with Gerald M. Stancil and Della Stancil, his wife, between the dates of November 27, 1967 and December 5, 1967.

At the hearing before the Commission on February 17, 1970, testimony was received from complainants Lindner, Toatley and Hill. Complainants McDonald, Wells, Beecher and Lawson-Dale did not testify. The adjudication of the Pennsylvania Human Relations Commission in the Stancil case, which included findings of fact, discussion, conclusions of law and final order, was ...


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