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GORCHOV BROTHERS REAL ESTATE v. COMMONWEALTH PENNSYLVANIA HUMAN RELATIONS COMMISSION (06/28/74)

decided: June 28, 1974.

GORCHOV BROTHERS REAL ESTATE, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA HUMAN RELATIONS COMMISSION, APPELLEE



Appeal from the Order of the Pennsylvania Human Relations Commission in case of Pennsylvania Human Relations Commission v. Gorchov Brothers Real Estate, Mrs. Mildred Gorchov, Agent, No. H-1701.

COUNSEL

Stephen J. Cabot, with him Stanley A. Uhr, Jack A. Rounick and Pechner, Sacks, Dorfman, Rosen & Richardson, for appellant.

Frank Finch, III, Assistant General Counsel, with him Sanford Kahn, General Counsel, for appellee.

Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer. Judges Rogers and Blatt concur in the result.

Author: Mencer

[ 14 Pa. Commw. Page 311]

The Pennsylvania Human Relations Commission (Commission), after hearing, found that Gorchov Brothers Real Estate (respondent) had engaged in an unlawful discriminatory practice in violation of Section 5(h)(1) of the Pennsylvania Human Relations Act, Act of October 27, 1955, P.L. 744, as amended (Act), 43 P.S. ยง 955(h)(1). Section 5(h)(1) of the Act provides:

"It shall be an unlawful discriminatory practice . . .:

"(h) For any person to:

"(1) Refuse to sell, lease, finance or otherwise to deny or withhold commercial housing from any person

[ 14 Pa. Commw. Page 312]

    because of the race, color, religious creed, ancestry, sex or national origin of any prospective owner, occupant or user of such commercial housing, or to refuse to lease commercial housing to any person due to use of a guide dog because of the blindness of the user."

Because of its brevity, we set forth the total evidence offered by the Commission:

"Mr. Wildstein [attorney for the Commission]: I would like to call as my first witness Gerard Rugel. Mr. Yaffe [Chairman of the Commission panel]: State your name and address for the reporter, please? ...


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