Opinion by
This is an appeal from a decision and order of the Pennsylvania Human Relations Commission (Commission) in which the Borough of Bendersville (Borough) and its governing officials (appellants) were found to have violated Sub-section 5(h) (3) of the Pennsylvania Human Relations Act
In May of 1972, Mr. Vega purchased a tract of land in the Borough on which he desired to build a combined grocery store and four-bedroom residential structure for himself and his family. To construct this building he secured a building permit from the appropriate borough official on June 6, 1972. On June 29, 1972, he secured a sewage permit from another official, but this permit provided for the construction of a two-bedroom residential
In their appeal from the Commission’s decision, the appellants argue that “commercial housing” is not involved in the case and that Sub-section 5(h) (3) would not apply. Sub-section 5(h)(3) provides:
“It shall be an unlawful discriminatory practice ...
“ (h) For any person to:
“ (3) Discriminate against any person in the terms or conditions of selling or leasing any commercial housing or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any commercial housing because of the race, color, religious creed, ancestry, sex, national origin or handicap or disability of any present or prospective owner, occupant or user of such commercial housing or to discriminate against any person in the terms of leasing any commercial housing or in furnishing fácil*506 ities, services or privileges in connection with the occupancy or use of any commercial housing due to use of a guide dog because of the blindness of the user.” (Emphasis added.)
Commercial housing is defined in Section 4 (j) of the Act, 43 P. S. §954(j) as follows:
“(j) The term ‘commercial housing’ means housing accommodations held or offered for sale or rent (1) by a real estate broker, salesman or agent, or by any other person pursuant to authorization of the owner; (2) by the owner himself; or (3) by legal representatives, but shall not include any personal residence offered for rent by the owner or lessee thereof, or by his broker, salesman, or employe.” (Emphasis added.)
It is clear that the housing which Vega planned to construct is not to be offered for sale or rent but is to be used strictly as a personal residence for himself and his family. The Commission argues, however, that Sub-section 5(h)(3) does apply because housing need not be offered for sale or rent but need only be “held” by one of the persons designated in clauses (1), (2) and (3) above, apparently for any reasons whatever including the owner’s personal non-commercial use.
Such a construction, we believe, strains all imagination and would lead to an absurd anomaly of statutory construction. If the legislature had intended housing with no commercial attributes whatsoever to fall within the definition of “commercial housing,” why did it use the word “commercial” to modify the word “housing”? It seems obvious to us that the legislature intended “commercial housing” to mean housing either held for sale or rent or offered for sale or rent, and that Mr. Vega’s property does not fall within either of these categories. It is not, therefore, subject to the protection of Sub-section 5(h) (3) of the Act.
We, therefore, issue the following
Order
And, Now, this 17th day of May, 1976, the decision and order of the Pennsylvania Human Relations Commission is hereby reversed.
. Act of October 27, 1955, P. L. 744, as amended, 43 P. S. §955 (h)(3).
