J. Howard Brandt, Inc. v. Commonwealth

Concurring Opinion by

Judge Mencer:

I concur with the majority that the Pennsylvania Human Relations Commission (Commission) has failed to produce sufficient evidence in this record to meet its burden of proof. However, I am of the opinion that it did not even attempt to prove two of the necessary elements of the alleged violation.

In Tomlinson Agency v. Pennsylvania Human Relations Commission, 11 Pa. Commonwealth Ct. 227, 312 A. 2d 118 (1973), we held that the failure to advise a black person of the availability for rental of a one-level frame house was not, without additional supportive…