CHAPTER 13

 

FAIR HOUSING CODE

 

 

          13-1-1        SHORT TITLE.  This Chapter shall be known and may be cited as the Fair Housing Code of the Village.  The Village Board of Trustees finds as facts the recitals hereinabove set forth.

 

 

          13-1-2        PURPOSE AND DECLARATION OF POLICY.  It is hereby declared to be the policy of the Village and the purpose of this Chapter, in the exercise by the Village of its police and regulatory powers for the protection of the public safety for the health, morals, safety, and welfare of the persons in and residing in the Village, and for the maintenance and promotion of commerce, industry and good government in the Village, to secure to all persons living or desiring to live in the Village a fair opportunity to purchase, lease, rent, or occupy housing without discrimination based on race, color, religion, sex, familial status, marital status, creed, ancestry, national origin, age, military status, unfavorable discharge from military service, sexual orientation, or physical or mental handicap.

 

 

          13-1-3        CONSTRUCTION.  This Chapter shall be construed according to the fair import of its terms and shall be liberally construed to further the purposes and policy stated in Section 13-1-2 and the special purposes of the particular provision involved.

 

 

          13-1-4        DEFINITIONS.  For the purposes of this Chapter:

          (A)               “Age” means the chronological age of a person who is at least forty (40) years old.

          (B)               “Dwelling” means any building or structure, or portion thereof, within the Village which is arranged, designed or used as a home, residence or living quarters of one or more individuals.

          (C)               “Familial Status” means one or more individuals (who have not attained the age of eighteen (18) years) being domiciled with:

(1)     a parent or person having legal custody of such individual or individuals; or

(2)     the designee of such parent or other person having such custody, with the written permission of such parent or other person.


      The protections afforded by this Article against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

          (D)               “Housing” includes any building or structure, or portion thereof, within the Village, which is used or occupied or is intended, arranged or designed to be used or occupied as a home, residence or living quarters of one (1) or more individuals, groups or families, and includes any vacant land within the Village which is zoned or intended to be used for the construction of any such building or structure.

          (E)               “Lease” includes sublease, assignment, or rent (or rental), and includes any contract to do any of the foregoing.

          (F)               “Lending Institution” means any bank, insurance company, savings and loan association, other person in the business of lending money or guaranteeing loans, any person in the business of obtaining, arranging or negotiating loans or guarantees as agent or broker, and any person in the business of buying or selling loans or instruments for the payment of money which are secured by title to a security interest in real estate, but shall not include any religious institution or organization nor any charitable or educational organization operated, supervised or controlled by a religious institution or organization.

          (G)               “Marital Status” means the legal status of being married, single, separated, divorced or widowed.

          (H)               “Military Status” means a person’s status on active duty in the armed forces of the United States, status as a current member of any reserve component of the armed forces of the United States, including the United States Army, Navy, Marine, Air Force, or Coast Guard Reserves, or status as a current member of the Illinois Army National Guard or Illinois Air National Guard.

          (I)                “Unfavorable Military Discharge” means discharges from the Armed Forces of the United States, their Reserve components, or any National Guard or Naval Militia which are classified as RE-3 or the equivalent thereof, but does not include those characterized as RE-4 or “Dishonorable”.

          (J)               “National Origin” includes the national origin of an ancestor.

          (K)               “Owner” means any person who holds legal or equitable title to, or owns any beneficial interest in, any Dwelling or Housing, or who holds legal or equitable title to shares of, or holds any beneficial interest in, any real estate cooperative which owns any Dwelling or Housing.

          (L)               “Person” includes one or more individuals, corporations, partnerships, associations, legal representatives, mutual companies, unincorporated organizations, trusts, trustees in bankruptcy, receivers and fiduciaries.

          (M)              “Purchase” includes any contract to purchase.

          (N)               “Real Estate Agent” means any real estate broker, and real estate salesman, and any other person who, as employee or agent or otherwise, engages in the management or operation of any Dwelling or Housing.


      (O)               “Real Estate Broker” means any person licensed as a real estate broker in accordance with the provisions of the Illinois Compiled Statutes, or required thereby to be so licensed. (See 225 ILCS Sec. 455/1 et seq.)

          (P)               “Real Estate Salesman” means any person licensed as a real estate salesman in accordance with the provisions of the Illinois Compiled Statutes, or required thereby to be so licensed.

          (Q)               “Real Estate Transaction” means the purchase, sale, exchange, or lease of any Dwelling or Housing, and an option to do any of the foregoing.

          (R)               “Sale” includes any contract to sell, exchange, or to convey, transfer or assign legal or equitable title to or a beneficial interest in real estate.

          Any term used herein this Chapter which is not specifically defined herein this Section shall have the meaning and definition subscribed to it by the Illinois Human Rights Act (755 ILCS 5/1-101 et seq.)

 

 

          13-1-5        DISCRIMINATORY TERMS.  It shall be an unlawful housing practice and a violation of this Code for any owner, real estate agent or other person to sell or lease a dwelling or housing on terms, conditions or privileges that discriminate between persons because of race, color, religion, sex, familial status, marital status, creed, ancestry, national origin, age, military status, unfavorable discharge from military service, sexual orientation, or physical or mental handicap.

 

 

          13-1-6        REFUSALS TO DEAL.  It shall be an unlawful housing practice and a violation of this Code for any owner, real estate agent or other person to refuse to negotiate for, enter into, or perform any sale or lease of any dwelling or housing, because of the race, color, religion, sex, familial status, marital status, creed, ancestry, national origin, age, military status, unfavorable discharge from military serfice, sexual orientation, or physical or mental handicap of any party, to such sale or lease, or of any member of the family of any such party, or of any person using or occupying or intending to use or occupy such dwelling or housing, or of any person using or occupying any dwelling or housing in the area in which such dwelling or housing is located.

 

 

          13-1-7        REFUSALS OF OFFERS.  It shall be an unlawful housing practice and a violation of this Code for any owner, real estate agent or other person to refuse to receive or fail to transmit a bona fide offer for the purchase, sale, exchange or lease of any dwelling or housing because of the race, color, religion, sex, familial status, marital status, creed, ancestry, national origin, age, military status, unfavorable discharge from military service, sexual orientation, or physical or mental handicap.


      13-1-8        WITHHOLDING HOUSING.  It shall be an unlawful housing practice and a violation of this Code for any owner, real estate agent or other person to represent to any person that any dwelling or housing is not available for inspection, purchase, sale, lease, or occupancy when in fact it is so available, or otherwise to withhold housing from any person because of race, color, religion, sex, familial status, marital status, creed, ancestry, national origin, age, military status, unfavorable discharge from military service, sexual orientation, or physical or mental handicap.

 

 

          13-1-9        ADVERTISEMENTS. It shall be an unlawful housing practice and a violation of this Code for any owner, real estate agent or other person to publish or circulate a statement, advertisement or notice of an intention to sell or lease any dwelling or housing in a manner that is unlawful under this Code.

 

 

          13-1-10      ADVERTISEMENTS, CAUSING OR PERMITTING.  It shall be an unlawful housing practice and a violation of this Code for any owner, real estate agent or other person to cause any person to circulate or publish a statement, advertisement or notice that such owner, real estate agent or other person intends to sell or lease any dwelling or housing in a manner that is unlawful under this Code, or to consent thereto.

 

 

          13-1-11      SIGNS AND NOTICES.  It shall be an unlawful housing practice and a violation of this Code for any owner, real estate agent or other person to post or erect, or cause any person to post or erect, any sign or notice upon any dwelling or housing, indicating an intent to sell or lease any dwelling or housing in a manner that is unlawful under this Chapter.

 

 

          13-1-12      EXEMPTIONS.  Nothing contained in Sections 13-1-1 through 13-1-11 of this Code shall prohibit:

          (A)               Private Sales of Single Family Homes.  Any sale of a single family home by its owner so long as the following criteria are met:

(1)     the owner does not own or have a beneficial interest in more than three single family homes at the time of the sale;

(2)     the owner or a member of his or her family was the last current resident of the home;

(3)     The home is sold without the use in any manner of the sales or rental facilities or services of any real estate broker or salesman, or of any employee or agent of any real estate broker or salesman;


(4)     the home is sold without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of this Code.

          (B)               Apartments.  Rental of a housing accommodation in a building which contains housing accommodations for not more than five (5) families living independently of each other, if the lessor or a member of his or her family resides in one of the housing accommodations.

          (C)               Private Rooms.  Rental of a room or rooms in a private home by an owner if he or she or a member of his or her family resides therein or, while absent for a period of not more than twelve (12) months, if he or she or a member of his or her family intends to return to reside therein.

          (D)               Reasonable Local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

          (E)               Religious Organizations.  A religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of a dwelling which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin.

          (F)               Sex.  Restricting the rental of rooms in a housing accommodation to persons of one sex.

          (G)               Persons Convicted of Drug-Related Offenses.  Conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the federal Controlled Substances Act (21 U.S.C. 802).

          (H)               Persons engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on unlawful discrimination or familial status in furnishing appraisals.

          The owner of an owner-occupied residential building with five (5) or fewer units (including the unit in which the owner resides) from making decisions regarding whether to rent to a peson based upon that person’s sexual orientation.

          (I)                Housing for Older Persons.  No provision in this Code regarding familial status shall apply with respect to housing for older persons.

(1)     As used in this Seciton, “housing for older persons” means housing:

(a)      provided under any State or Federal program that the Department determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or

(b)     intended for, and solely occupied by, persons sixty-two (62) years of age or older; or


(c)      intended and operated for occupancy by persons fifty-five (55) years of age or older and:

(i)      at least eighty percent (80%) of the occupied units are occupied by at least one person who is fifty-five (55) years of age or older;

(ii)      the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this paragraph (c); and

(iii)     the housing facility or community complies with rules adopted by the Department of Human Rights for verification of occupancy, which shall:

a.       provide for verification by reliable surveys and affidavits; and

b.       include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii).

          These surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.

(2)     Housing shal not fail to meet the requirements for housing for older persons by reason of:

(a)      persons residing in such housing as of the effective date of the amendatory Act of 1989 to the Illinois Human Rights Act who do not meet the age requirements of subsections (1)(b) or (c); provided, that new occupants of such housing meet the age requirements of subsections (1)(b) or (c) of this subsection; or

(b)     unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subsections (1)(b) or (c) of this subsection.

(3)

(a)      A person shall not be held personally liable for monetary damages for a violation of this Code if the person reasonably relied, in good faith, on the application of the exemption under this subsection (I) relating to housing for older persons.


(b)     For the purposes of this item (3), a person may show good faith reliance on the application of the exemption only by showing that:

(i)      the person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and

(ii)      the facility or community has stated formally, in writing, that the facility or community complies with the requirements for the exemption.

 

 

          13-1-13      LIMITATIONS. Nothing in this Code shall require an owner to offer property to the public at large before selling or renting it, providing he complies with all other provisions of this Code.  Nor shall this Code be deemed to prohibit owners from giving preference to prospective tenants or buyers for any reason other than religion, race, color, national origin, sex, familial status, sexual orientation or disability.  Nothing in this Code shall require an owner to offer property for sale or lease or to show his property to any person if such person is not negotiating for the purchase or lease of such property in good faith.

 

 

          13-1-14      BLOCKBUSTING.  It shall be an unlawful housing practice and a violation of this Code for any owner, real estate agent or other person to perform, participate in, or cause another person to perform or participate in the practice commonly known as “blockbusting” as defined in the Illinois Human Rights Act.

 

 

          13-1-15      GUIDE DOG.  It shall be an unlawful housing practice and a violation of this Code for any owner or agent of any housing accommodation to:

          (A)               refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny property to any blind, hearing impaired or physically handicapped person because he has a guide, hearing or support dog; or

          (B)               discriminate against any blind, hearing impaired or physically handicapped person in the terms, conditions, or privileges of sale or rental property, or in the provision of services or facilities in connection therewith, because he has a guide, hearing or support dog; or

          (C)               require, because a blind, hearing impaired or physically handicapped person has a guide, hearing or support dog, an extra charge in a lease, rental agreement, or contract of purchase or sale, other than actual damage done to the premises by the dog.


      13-1-16      DISCRIMINATION IN LENDING. It shall be an unlawful housing practice and a violation of this Code for any lending institution, in making, agreeing to make, arranging, or negotiating any loan or guarantee of funds for the purpose of financing the purchase or sale, construction, lease, rehabilitation, improvement, renovation or repair of any dwelling or housing, to offer, seek or agree to terms, conditions or privileges that discriminate between persons because of race, color, religion, sex, familial status, marital status, creed, ancestry, national origin, age, military status, unfavorable discharge from military service, sexual orientation, or physical or mental handicap.

 

 

          13-1-17      REFUSALS TO DEAL IN LENDING.  It shall be an unlawful housing practice and a violation of this Code for any lending institution to refuse to negotiate for, enter into or perform any agreement to lend or guarantee the loan of funds for the purchase, sale, construction, lease, rehabilitation, improvement, renovation or repair of any dwelling or housing because of the race, color, religion, sex, familial status, marital status, creed, ancestry, national origin, age, military status, unfavorable discharge from military service, sexual orientation, or physical or mental handicap of any party to such agreement or of any member of the family of any such party, or of the residents of the area in which such dwelling or housing is located.

 

 

          13-1-18      COVERAGE.  This Code shall apply, respectively, to every real estate agent who, within the Village, performs any function as such real estate agent but does not maintain an office or place of doing business within the Village, and this Code applies to every real estate agent and lending institution who maintains an office of place of doing business within the Village; provided, however, that the provisions of this Code shall not be so construed as to prohibit a real estate broker or real estate agent on behalf of the owner, from inquiring into and reporting upon qualifications of any prospective buyer or tenant with respect to limitations or exclusions other than those of race, color, religion, sex, familial status, marital status, creed, ancestry, national origin, age, military status, unfavorable discharge from military service, sexual orientation, or physical or mental handicap.

 

 

          13-1-19      REPRESENTATION. It shall be an unlawful housing practice and a violation of this Code for any person, for the purpose of inducing any other person to enter into a real estate transaction with such person, his principal or his agent.

          (A)               To represent that a change has occurred, will occur or may occur with respect to the race, color, religion, sex, familial status, marital status, creed, ancestry, national origin, age, military status, sexual orientation, or physical or mental
handicap in composition of the owners or occupants in any block, neighborhood or area in which the dwelling or housing (which is the subject of the real estate transaction) is located, or

          (B)               To represent that a change with respect to the race, color, religion, sex, familial status, marital status, creed, ancestry, national origin, age, military status, unfavorable discharge from military service, sexual orientation, or physical or mental handicap in the composition of the owners or occupants in any block, neighborhood or area will result in lowering of property values, or in an increase in criminal or anti-social behavior, or in a decline in the quality of schools, in such block, neighborhood or area.

 

 

          13-1-20      OTHER VIOLATIONS.  It shall be an unlawful housing practice and a violation of this Code for any person:

          (A)               To aid, abet, incite, or coerce a person to engage in unlawful housing practice,

          (B)               Willfully to interfere with the performance of a duty or the exercise of a power by the Village Board or one of its members or representatives, or

          (C)               Willfully to  obstruct  or  prevent  a  person  from  complying  with  the provisions of this Code or an order issued thereunder.

 

 

            13-1-21      COMPLAINTS.

          (A)               Any person aggrieved in any manner by a violation of any provisions of this Code may file with the Village Board a written verified complaint setting forth his grievance.  The complaint shall state:

(1)      the name and address of the complaint;

(2)      the name and address of the person against whom the complaint is brought, if known to the complainant; and

(3)      the alleged facts surrounding the alleged violation of this Code;

          and such complaint shall state the name and address of all persons believed to have knowledge concerning the alleged facts.

          (B)               After the filing of any complaint, the Village Board shall serve a copy of the complaint on the party or parties charged.

 

 

            13-1-22      HEARINGS BY VILLAGE BOARD.

          (A)               Such hearing shall be conducted by the Village Board upon due and reasonable notice to all parties.  The Village Board shall have power to administer oaths and to take sworn testimony.  Any party alleged to have violated this Code shall be entitled to be represented by counsel and shall have the right to call witnesses in his own behalf and to cross-examine witnesses.

          (B)               At the conclusion of such hearing, the Village Board shall render the complainant a decision.


13-1-23      ENFORCEMENT.

          (A)               The Village Board shall be empowered to order any person found to be engaging in an unfair housing practice to cease and desist from such practice, upon such terms as shall be necessary and proper for the enforcement of this Code.

          (B)               The Village Board shall be empowered at the conclusion of proceedings held under Section 13-1-22, to direct the Village Attorney to do any one or more of the following:

(1)     To institute and prosecute  proceedings  to  enforce,  against  any person found in violation of this Code, the fine provided for in Section 13-1-25 below;

(2)     To apply to any court of competent jurisdiction;

(a)      for an order restraining any person from violating any provision of this Code.

(b)     for such other or further relief as may seem to the court appropriate for the enforcement of this Code and the elimination of violations hereof.

(3)     To petition or institute proceedings with the Department of Registration and Education for the purpose of causing the Department to revoke, suspend or refuse to renew the license granted by such Department to any real estate broker or real estate salesman found to have violated any provision  of this Code.

(4)     In the case of any unlawful housing practice or violation of this Code by any person in the course of performing under a contract or subcontract with the State or any political subdivision or agency thereof, or with the United States of America or any agency or instrumentality thereof, to petition or institute proceedings with such contracting agency for the purpose of causing it to terminate such contract or any portion thereof, either absolutely or on condition of compliance with the provisions of this Code.

          (C)               The Village Board may issue such cease and desist orders and may direct such action by the Village Attorney, as shall be necessary for the enforcement of this Code.

 

 

          13-1-24      REMEDIES.  Any person aggrieved in any manner by the violation of any provision of this Code who has exhausted the remedies provided in Section 13-1-23 of this Code may apply to any court of competent jurisdiction for appropriate relief from such violation, including:

          (A)               An order compelling compliance with this Code;


      (B)               An order to prohibit any person found by the court to have violated any provision of this Code from the sale, lease, exchange, transfer, conveyance or assignment of any dwelling or housing which is the subject of such violation;

          (C)               An order requiring specific performance of any contract for the sale, lease, exchange, transfer, conveyance or assignment of any dwelling or housing or any person who, in violation of this Code, refuses or fails to perform such contract;

          (D)               Compensatory damages; and

          (E)               Such other and further relief as may seem to the court appropriate for the enforcement of this Code and the elimination of violations hereof.

 

(Ord. No. 2007-628; 02-12-07)

 

(See ILCS Sec. 5/11-11.1-1)

 

 

          13-1-25      FINES.  Any person who violates any provision of this Code shall be subject to a fine of not less than One Hundred Twenty Dollars ($120.00) nor more than Seven Hundred Fifty Dollars ($750.00).  Each day a violation continues shall constitute a separate violation.  This Section shall in no way abrogate or impair the right of the Village to specifically enforce, by any legal means, any of the provisions of this Code.

 

(Ord. No. 2011-655; 01-24-11)

 

(See ILCS Sec. 5/11-11.1-1)