HomeMy WebLinkAboutORDINANCES-2014-026-O-14I.
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Effective Date: July 26, 2014
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AN ORDINANCE
6/25/2014
4/14/2014
Amending Title 1 of the- Evanston City Code Codifying a Human Rights
Ordinance, and Associated Amendments to Title 1, Chapter 12 "Fair
Employment Practices" and Title 5, Chapter 5 "Fair Housing"
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS THAT:
SECTION 1: Legislative Statement.
The City of Evanston welcomes diversity and believes that all individuals living in,
working for, or visiting the City of Evanston should be treated fairly, and with respect
and dignity. The City discourages unlawful discrimination and unequal treatment
against individuals on the basis of race, color, religion, national origin, sex, sexual
orientation, gender identity, marital status, age, source of income or physical or mental
disabilities. The City of Evanston strongly supports the treatment of all individuals with
respect and dignity, regardless of an individual's race, color, religion, national origin,
sex, sexual orientation, gender identity, marital status,, age, source of income or
physical or mental disabilities, including but not limited to the areas of housing, public
accommodation and employment.
This declaration of public policy is in line with the statutory protections and policy
goals of the Illinois Human Rights Act, 775 ILCS 5/et seq., and is intended to secure and
guarantee the rights established by Sections 17, 18, and 19 of Article I of the Illinois
Constitution of 1970.
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Article VII, Section (6)a of the Illinois Constitution of 1970-1 which states that the
"powers and functions of home rule units shall be construed liberally," was written "with
the intention that home rule units be given the broadest powers possible" (Scadron v.
City of Des Plaines., 153 111.2d 164). Pursuant to 65 ILCS 5/1-2-1, the City may make all
rules and regulations to carry into effect the powers granted to the City, such broad and
general grant of authority complementing the City's home rule powers. At meetings held
in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et-seq.),
the City Council considered this Ordinance, heard public comment, and made findings.
It is well -settled law in Illinois that the legislative judgment of the City Council must be
considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213
III.App.3d 747(1991)) and is not subject to courtroom fact-finding (see National Paint &
Coating Assn v. City of Chicago, 45 F.3d 1124 (1995)).
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The City Council finds that achieving and maintaining a discrimination -free
environment is necessary to effectively serve the public by enabling the City to recruit
and train qualified employees and to procure and provide services to the public.
Additionally, unlawful discrimination in privately owned and operated public
accommodations, employment, and housing causes the unjust exclusion of persons,
and results in a diminution of their dignity, respect, and status contrary to the public
policy of the City and the Constitutional principles upon which the United States was
founded. This Ordinance will prevent such unlawful discrimination, and promote the
general welfare of City of Evanston residents and visitors alike.
SECTION 2: Title 1 of the Evanston City Code of 2012, is hereby amended to
add Chapter 20 which shall read as follows: 0
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CHAPTER 20 — EVANSTON HUMAN RIGHTS ORDINANCE
1-20-1: SHORT TITLE:
This Chapter shall be known and may be cited as the EVANSTON HUMAN RIGHTS
ORDINANCE.
1-20-2: PURPOSE:
It is the intent of the City of Evanston that no person be denied equal protection of the
laws, nor shall any person be denied enjoyment of his or her civil or political rights or be
unlawfully discriminated against because of race, color, religion, national origin, sex,
sexual orientation, gender identity, marital status, age, source of income or physical or
mental disabilities.
1-20-3: 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 this Section and the
special purpose of the particular provision involved.
1-20-4: SEVERABILITY:
If any provision of this Chapter or the application thereof to any person or circumstances
00 is held invalid, the remainder of this Chapter and the application of the provision to other
persons not similarly situated or to other circumstances shall not be affected thereby.
1-20-5: DEFINITIONS:
For the purposes of this Chapter, the following terms shall have the following meanings:
AGE Limited to any individual who is at least
forty (40) years of age but less than sixty-
five (65) years of age.
COMMISSION The Cook County Commission on Human
Rights.
DEPARTMENT The Illinois Department of Human Rights.
DISABILITY With respect to a person:
(A) A physical or mental impairment
which substantially limits one or
more of such person's major life
activities;
(B) A record of having such an
impairment; or
(C) Being regarded as having such an
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impairment, but such term does not
include current, illegal use of or
addiction to a controlled substance
(as defined in section 102 of the
Controlled Substances Act 21
U.S.C. 802).
EMPLOYEE
An individual who is engaged to work in
the City of Evanston for or under the
direction and control of another for
monetary or other valuable consideration.
FAMILIAL STATUS
Refers to whether a household includes
one or more individuals (who have not
attained the age of 18 years) domiciled
with:
(A)A parent or another person having
legal custody of such individual or
individuals; or
(B) The designee of such parent or
other person having such custody,
with the written permission of such
parent or other person. The
protection afforded against unlawful
discrimination on the basis of
familial status shall 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.
FINANCIAL INSTITUTION
Any bank, credit union, insurance
company, mortgage banking company or
savings and loan association which
operates or has a place of business in this
City.
GENDER IDENTITY
A person's actual or perceived gender,
including a person's gender identity, self-
image, appearance, expression, or
behavior, whether or not that gender
identity, self-image, appearance,
expression, or behavior is different from
that traditionally associated with the
person's sex at birth.
LOAN
Includes, but is not limited to., the providing
of funds, for consideration, which are
sought for-
(A)The purpose of purchasing,
constructing, improving, repairing,
.'
MARITAL STATUS
NATIONAL ORIGIN
OPERATOR
PUBLIC ACCOMODATION
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or maintaining a housing
accommodation; or
(B) Any commercial or industrial
purposes.
The legal status of being single, married,
divorced, separated, or widowed.
The place in which a person or one of his
or her ancestors was born.
Any owner, lessee, proprietor, manager,
superintendent, agent, or occupant of a
place of public accommodation, or an
employee of any such person or persons.
A place of business with a physical
location within the City of Evanston,
including, but not limited to-
(A)An inn, hotel, motel, or other place
of lodging, except for an
establishment located within a
building that contains not more than
5 units for rent or hire and that is
actually occupied by the proprietor
of such establishment as the
residence of such proprietor;
(B) A restaurant or other establishment
serving food or drink;
(C)A motion picture house, theater,
concert hall, stadium, or other place
of exhibition or entertainment;
(D)An auditorium, convention center,
lecture hall, or other place of public
gathering;
(E)A bakery, grocery store, clothing
store, hardware store, shopping
center, or other sales or rental
establishment;
(F) A laundromat, dry-cleaner, bank,
barber shop, beauty shop, travel
service, shoe repair service, funeral
parlor, gas station, office of an
accountant or lawyer, pharmacy,
insurance office, professional office
of a health care provider, hospital,
or other service establishment;
(G)Public conveyances on air, water,
or land;
(H)A terminal, depot, or other station
SEX
SEXUAL ORIENTATION
SOURCE OF INCOME
UNLAWFUL DISCRIMINATION
VARYING TERMS
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used for specified public
•
transportation;
(1) A museum, library, gallery, or other
place of public display or collection;
(J) A park, zoo, amusement park, or
other place of recreation;
(K)A non-sectarian nursery, day care
center, elementary, secondary,
undergraduate, or postgraduate
school, or other place of education;
(L) A senior citizen center, homeless
shelter, food bank, non-sectarian
adoption agency, or other social
service center establishment;
(M)A gymnasium, health spa, golf
course, or other place of exercise or
recreation.
The biological differences between men
and women, and gender.
Having or perceived as having emotional,
physical, or sexual attachment to another
without regard to the sex of that person or
having or being perceived as having an
orientation for such an attachment, or
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having or being perceived as having a self-
image or identity not traditionally
associated with one's biological maleness
or femaleness. "Sexual orientation" does
not include a physical or sexual
attachment to children by an adult.
The lawful manner by which an individual
supports himself or herself, and his or her
dependents.
Discrimination against a person because
of his or her race, color, religion, national
origin, ancestry, age, sex, marital status,
disability, sexual orientation, gender
identity, source of income, as those terms
are defined in this Section.
Including, but not limited to, the following
practices:
(A) Requiring a greater down payment,
than is usual for the particular type
of loan involved;
(B) Requiring a shorter period of
amortization than is usual for the
.
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particular type of loan involved;
(C)Charging a higher interest rate than
is usual for the particular type of
loan involved;
(D)An under appraisal of real estate or
other item of property offered as
security.
1-20-6: PROHIBITION AGAINST UNLAWFUL DISCRIMINATION IN CITY
EMPLOYMENT AND PUBLIC CONTRACTS:
It is the policy of the City that the City will not unlawfully discriminate in City
employment, employment opportunities, and awarding public contracts on the basis of
any protected characteristic.
Provisions related to the prohibition against unlawful discrimination in city employment
and awarding of public contracts shall be those as established and revised by the Fair
Employment Practices of the City of Evanston, City Code Section 1-12-1 et seq., and
any other applicable -provisions of the City Code.
1-20-7: FINANCIAL CREDIT TRANSACTIONS:
(A) Prohibition. It shall be a civil rights violation for any financial institution to
• unlawfully discriminate by engaging in the following actions:
1. Denial of Services. Deny any person any of the services normally offered
by such an institution;
2. Modification of Services. Provide any person with any service which is
different from, or provided in a different manner than, that which is
provided to a person similarly situated.
3. Loan Terms. Unfairly deny or vary the terms of a loan.
4. Property Location. Unfairly deny or vary the terms of a loan on the basis
that a specific parcel of real estate offered as security is located in a
specific geographical area.
5. Consideration of Income. Unfairly deny or vary the terms of a loan without
having considered all of the regular and dependable income of each
person who would be liable for repayment of the loan.
6. Lending Standards. Utilize lending standards that have no economic basis
and which constitute unlawful discrimination.
(B) Prohibition. It shall be a civil rights violation for a person who offers credit cards
to the public in this City to engage in the following actions:
1. Credit Cards. To refuse to issue a credit card, upon proper application, on
the basis of unlawful discrimination;
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2. Reasons for Rejection. To fail to inform an applicant for -a credit card, •
upon request, of the reason that his or her application for a credit has
been rejected.
(C) Exemptions. Nothing in this Section shall prohibit:
1. Sound Underwriting Practices. A financial institution from considering
sound underwriting practices in contemplation of any loan to any person.
Such practices shall include:
a. The willingness and the financial ability of the borrower to repay the
loan;
b. The market value of any real estate or other item of property
proposed -as security for any loan; and
C. Diversification of the financial institution's investment portfolio.
2. Credit -Worthiness Information; Credit Systems. A financial institution or a
person who offers credit cards from:
a. Making an inquiry of the applicant's age, permanent residence,
immigration status, or any additional information if such inquiry is
for the purpose of determining the amount and probable
continuance of income levels, credit history, or other pertinent
element of credit -worthiness as provided in regulations of the •
Department;
b. Using any empirically derived credit system which considers age if
such system is demonstrably and statistically sound in accordance
with regulations of the Department, except that in the operation of
such system the age of an applicant over the age of 62 years may
not be assigned a negative factor or value.
3. Special Credit Programs. A financial institution from refusing to extend credit
when required to, by or pursuant to any:
a. Credit assistance program expressly authorized by law for an
economically disadvantaged class or persons;
b. Credit assistance program administered by a nonprofit organization
for its members of an economically disadvantaged class of
persons;
C. Special purpose credit program offered by a profit -making
organization to meet special social needs which meets standards
prescribed by the Department in its regulations.
(D) Investigations of Alleged Violations: Any person claiming to be aggrieved by an
unlawful credit transaction practice may file a claim with the Department or
Commission to initiate the investigation of the complaint. Enforcement of
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• unlawful discrimination in any aspect of a credit transaction shall be as
established and revised by the Illinois Human Rights Act or the Cook County
Human Rights Ordinance, as amended.
(E) Private Remedies: Any person aggrieved by a violation of this Section who has
exhausted the remedies provided in the. l,llin.ois Human Rights Act or the Cook
County Human Rights Ordinance, may apply to any court of competent
jurisdiction for appropriate relief.
1-20-8: PUBLIC ACCOMODATIONS:
(A) It is a civil rights violation for any person on the basis of unlawful discrimination
to-:
1. Enjoyment of Facilities, Goods, and Services. Deny or refuse to another
the full and equal enjoyment of the facilities, goods, and services of any
public place of accommodation;
2. Written Communication. Directly or indirectly, as the operator of a place of
public accommodation, publish, circulate, display_ or mail any written
communication, except a private communication sent in response to a
specific inquiry, which the operator knows is to the effect that any of the
facilities of the place of public accommodation will be denied to any
person or that any person is unwelcome, objectionable or unacceptable
because of unlawful discrimination;
3. Public Officials. Deny or refuse to another, as a public official, the full and
equal enjoyment of the accommodations, advantage, facilities or privileges
of the official's office or services or of any property under the official's care
because of unlawful discrimination.
(B) Investigations of Alleged Violations: Any person claiming to be aggrieved by an
unlawful public accommodation practice may file a claim with the Department or
Commission to initiate an investigation of the complaint. Enforcement of unlawful
discrimination in any aspect of a public accommodation shall be as established
and revised by the Illinois Human Rights Act or the Cook County Human: Rights
Ordinance, as amended.
(C) Private Remedies: Any person aggrieved by a violation of this Section who has
exhausted the remedies provided in the Illinois Human Rights Act or Cook
County Human Rights Ordinance, may apply to any court of competent
jurisdiction for appropriate relief.
1-20-9: ADDITIONAL CIVIL RIGHTSMOLATIONS:
(A) Retaliation. No person shall retaliate against any person because that person in
good faith has opposed that which he or she reasonably believed to be unlawful
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discrimination, sexual harassment, or other violation of this Chapter or has made •
a complaint, testified, assisted, or participated in an investigation, proceeding, or
hearing under this Chapter.
(B) Aiding and Abetting. No person shall aid, abet, compel, or coerce a person to
commit a violation under this Chapter.
(C) Investigations of Alleged Violations: Any person claiming to be aggrieved by a
prohibited act under Section 1-20-9(A) or 1-20-9(B) may file a claim with the
Commission to initiate the investigation of the complaint. Enforcement of this
Section's additional civil rights shall be as established and revised by the Cook
County Human Rights Ordinance, as amended.
(D) Private Remedies: Any person aggrieved by a violation of this Section who has
exhausted the remedies provided in the Cook County Human Rights Ordinance,
may apply to any court of competent jurisdiction for appropriate relief.
1-20-10: EFFECT ON PROVISIONS ON CIVIL REMEDIES:
This Chapter shall neither add nor detract from any civil or administrative remedies now
available to persons complaining of unlawful discrimination under this Chapter.
1-20-11: NO CIVIL RIGHTS VIOLATION:
(A) It is not a civil rights violation for a medical, dental, or other health care Is
professional, or a private professional service provider such as a lawyer,
accountant, or insurance agent to refer or refuse to treat or provide services to an
individual in a protected class for any nondiscriminatory reason if, in the normal
course of his or her operations or business, the professional would for the same
reason refer or refuse to treat or provide services to an individual who is not in
the required protected class of the individual who seeks or requires the same or
similar treatment or services.
(B) With respect to a place of public accommodation defined in City Code Section 1-
20-5, the exercise of free speech, free expression, free exercise of religion, or
expression of religiously based views by any individual or group of individuals
that is protected under the First Amendment of the United States Constitution or
under Section 3 of Article I, or Section 4 of Article I, of the Illinois Constitution,
shall not be a civil rights violation.
SECTION 3: The Fair Employment Practices Ordinance of the City of Evanston,
Illinois, Section 1-12-2 of the Evanston City Code of 2012, as amended, is hereby
further amended to read as follows: 0
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• 1-12-2: PURPOSE AND DECLARATION OF POLICY:
It is hereby declared to be the purpose of this Chapter and the policy of the City in the
exercise 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 City and for
maintenance and promotion of commerce, industry and good government in the City, to.
secure to all persons working or desiring to work for the City or for any vendor to the
City or for any contractor or subcontractor of the City, an equal opportunity to secure
employment or to enjoy the benefits of employment without discrimination based on
race, color, religion, national origin, sex, sexual orientation (as defined in Section 5 5-6
1-12-3 of this Code), gender identity (as defined in Section 1-12-3 of this Code), marital
status, age, source of income (as defined in Section 1-12-3 of this Code), or physical or
mental disabilities that do not impair the ability to work.
This Chapter applies to discriminatory employment practices by the City or by any
vendor to the City or by any contractor or subcontractor of the City, and shall be
construed according to the fair import of its terms and shall be liberally construed to
further the purposes and policy stated in this Section and the special purpose of the
particular provision involved.
SECTION 4: Section 1-12-3 of the Evanston City Code of 2012, as amended, is
hereby amended to include the following -
GENDER A person's actual or perceived qender, including a person's qender
IDENTITY identity, self-imaqe, appearance, expression, or behavior, whether or not
that qender identity, self-imaqe, appearance, expression, or behavior is
different from that traditionally associated with the person's sex at birth as
beinq either female or male.
SOURCE The lawful manner by which an individual supports himself or herself and
OF INCOME his or her dependents.
SECTON 5: Section 1-12-5(A) of the Evanston City Code of 2012, as amended,
is hereby amended to read as follows:
(A) That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, aender identity, marital
status, national origin or ancestry, of -age, source of income, or physical or
mental disabilities that do not impair ability to work, and further that it will
examine all job classifications to determine if minority persons or women are
underutilized --and will take appropriate* affirmative action to- rectify any such
underutilization.
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SECTION 6: Section 1-12-5(C) of the Evanston City Code of 2012, as amended, •
is hereby amended to read as follows-
(C) That, in all solicitations or advertisements for employees placed by it or on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, sexual orientation, eg nder
identity, marital status, national origin, ancestry, source of income, or disability.
SECTION. 7: The Fair Housing Ordinance of the City of Evanston, Section 5-5-2
of the Evanston City Code of 2012, as amended, is hereby further amended and revised
to read as follows:
5-5-2: PURPOSE AND DECLARATION OF POLICY:
It is hereby declared to be the policy of the City and the purpose of this Chapter, in the
exercise 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 City, and for the
maintenance and promotion of commerce, industry, and good government in the City,
and to promote and protect fair housing opportunities throughout the City and to
acknowledge the value of diversity within our community, to secure to all persons living
and/or working, or desiring to live and/or work in the City of Evanston, an equal
opportunity to view, purchase, lease, rent, or occupy real estate without discrimination
based on race, color, religion, sex, age, sexual orientation„ aender identity. marital
status, disability, source of income, familial status, or national origin of any individual.
SECTION 8: Section 5-5-5 of the Evanston City Code of 2012, as amended, is
hereby further amended and revised to include the following:
DISCRIMINATION. To make distinction in treatment of any person because of race,
color, religion, sex, age, sexual orientation, gender identity. marital
status, disability, source of income, familial status or national origin
of an individual.
STEERING. To encourage or discourage the sale or rental of real property
because of the race, color, religion, sex, age, sexual orientation,
gender identity, marital status, disability, source of income, familial
status or national origin of the individual and/or persons in the
neighborhood in which the property is located. This shall include,
but is not limited to, directing persons into or away -from areas
because of race, color, religion, sex, age, sexual orientation,
gender identity, marital status, disability, source of income, familial
status or national origin of the individual and/or persons in the area •
or purported to be moving into the area.
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SOURCE OF The lawful manner by which an individual supports himself or
INCOME I herself and his or her dependents.
SECTION 9: Section 5-5-6 of the Evanston City Code of 2012, as amended, is
hereby further amended and revised to read as follows:
5-5-6: DISCRIMINATION PROHIBITED:
No person, including, but not limited to, any owner, manager, lessee or sublessee of
real property, real estate broker, lender, financial institution, advertiser, real estate
appraiser or agent of any of the foregoing, shall discriminate against any other person
(or discriminate against such person because of the race, color, religion, sex, age,
sexual orientation, gender identity, marital status-, disability, source of income, familial
status or national origin of the friends or associates of such person) in regard to the sale
or rental of or dealings concerning real property. "Sexual orientation" is defined as:
having or perceived as having emotional, physical, or sexual attachment to another
without regard to the sex of that person or having or being perceived as having an
orientation for such an attachment, or having or being perceived as having a self-image
or identity not traditionally associated with one's biological maleness or femaleness.
"Sexual orientation" does not include a physical or sexual attachment to children by an
adult. "Gender identity" is defined as: a person's actual or perceived qender, including a
person's qender identity, self-imaqe, appearance, expression, or behavior, whether or
not that qender identity, self-imaqe, appearance, expression, or behavior is different
from that traditionally associated with the person's sex at birth as beinq either female or
male. Any such discrimination shall be unlawful. Without limiting the foregoing, it shall
also be unlawful discrimination for any person to:
(A) Policies And Publicity. Advertise, publish, display, or circulate or cause to be
published, displayed, advertised or circulated, either in writing or orally, any
notice, statement, communication, sign or advertisement, or to announce a
policy, or to use any form of application for the purchase, lease, rental, or
financing of real property, or to make any record or inquiry in connection with the
prospective purchase, rental or lease of real property, which expresses directly or
indirectly any discrimination, or any intent to discriminate.
(B) Deceive Or Overcharge. Discriminate by deceiving or overcharging any person
for real property in the City, or to making any distinction or restriction against any
person as to the conditions or privileges of any kind relating to the sale, rental,
lease, or occupancy of real property.
(C) Discriminate In Lending.. (See Section 5-5-8 of this Chapter) Discriminate or to
participate in discrimination in connection with borrowing or lending money,
guaranteeing loans, accepting mortgages, the making or purchasing of loans or
• the provision of other financial assistance secured by residential real estate, or
otherwise obtaining or making available funds for the purchase, acquisition,
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construction, rehabilitation, repairs or maintenance of any real property in the
City.
(D) Change In Neighborhood: Solicit or to enter into any agreement for the sale,
lease or listing for sale or lease of any real property within the City (on the ground
of loss of value) d.ue to the present or prospective entry into any neighborhood of
any person or persons of any particular race, -color, religion, sex, age, sexual
orientation, gender identitv, marital status, disability, source of income, familial
status or national origin.
(E) Inducing Sales. Distribute or cause to be distributed written- material or
statements designed to induce any person to sell or lease real property because
of the alleged or actual or because of any present or prospective change in the
race, color, religion, sex, age, sexual orientation, qender identity, marital status,
disability, source of income, familial status or national origin of persons in the City
or neighborhood.
(F) Misrepresentation. Make any misrepresentations concerning the listing for sale or
the anticipated listing for sale or the sale of any real property for the purpose of
inducing or attempting to induce the sale or listing for sale of any real property by
representing that the presence or anticipated presence of persons of any
particular race, color, religion, sex, age, sexual orientation, gender identitv.
marital status, disability, source of income, familial status or national origin in the
area will or may result in the lowering of real property values in the block,
neighborhood or area in which the property is located. is
(G) Refusal to Sell. Refuse to sell or rent real property because of race, color,
religion, sex, age, sexual orientation, gender identitv, marital status, disability,
source of income, familial status or national origin.
(H) Refusal to Show Records of Available Housing. Refuse to show to any person
who has specified his/her needs, the list or other records identifying all real
properties reasonably meeting such specifications.
(1) Withholding Housing. Represent to any person that any -real property is not
available, or otherwise to withhold real property from any person because of
race, color, religion, sex, age, sexual orientation, qender identitv, marital status,
disability, source of income, familial status or national origin.
(J) Refusal to Show Real Estate. Refuse to show real estate because of the race,
color, religion, sex, age, sexual orientation, qender identity, marital status,
disability, source of income, familial. status or national origin of any prospective
purchaser, lessee or tenant, or because of the race, color, religion, sex, age,
sexual orientation, qender identity, marital status, disability, source of income,
familial status or national origin of the residents in the area in which the property •
is located.
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(K) Steering. Encourage or discourage the sale or rental of real property because of
the race, color, religion, sex, age, sexual orientation, gender identitv, marital
status, disability, source of income, familial status or national origin of the
individual and/or persons in the neighborhood in which the property is located.
This shall include but is not limited to directing persons into or away from areas
because of race, color, religion, sex, age, sexual orientation, gender identity,
marital status, disability, source of income, familial status or national origin of the
individual and/or persons in the area or purported to be moving into the area.
(L) Differential Treatment. Make any differential treatment toward any prospective
seller, purchaser, or tenant because of that person's race, color, religion, sex,
age, sexual orientation, gender identity, marital status, disability, source of
income, familial status or national origin, or toward any prospective seller,
purchaser, or tenant because of the race, color, religion, sex, age, sexual
orientation, gender identity, marital status, disability, source of income, familial
status or national origin of the persons in the area in which that property is
located.
(M) Evasion. Employ any person as a salesman or agent as a means of evading
provisions of this Chapter.
(N) Providing Information. Volunteer oral or written information about the racial
• composition of a neighborhood unless such information is a factual, accurate and
actual response to an unsolicited direct question.
(0) Posting and Distributing. Fail to post in a prominent place available for
observation by the public in each business establishment of a person in the
business of purchasing, selling, exchanging or leasing real property, a copy of
this Chapter, or a poster provided by the Commission summarizing this Chapter;
and/or fail to distribute to any prospective seller, purchaser or tenant a summary
of the ordinance provided by the Commission.
(P) Rental Application. Discriminate by denying, or unreasonably delaying the
processing of, a lease or rental application of a person, discriminate in the fixing
of the fee or length of processing time, or other terms and conditions of such
application process.
(Q) Insurance. Discriminate in the sale of insurance in connection with real estate.
(R) Redlining. To discriminate by differential treatment of a geographic area in the
setting of insurance rates or appraised valuations or the availability of financing
of property, based on the race, color, religion, sex, age, sexual orientation,
Qender identity, marital status, disability, source of income, familial status or
. national origin of persons in the area or purported to be moving into the area.
26-0-14
(S) Listing Agreement and Multiple Listing Service.
1. Entering into a listing agreement which discriminates- against any person
due to their race, color, religion, sex, age, sexual orientation, gender
identity, marital status, disability, source of income, familial status, or
national origin,. . .
2. Deny a person- access to, or membership or participation in any multiple
listing service, real estate broker's organization or facility relating to the
business of selling or renting dwellings, or to discriminate against him/her
in the terms or conditions of such access, membership, or participation, on
account of race, color, religion, sex, age, sexual orientation, eg nder
identity, marital status, disability, source of income. familial status or
national origin.
(T) Aid or Abet. Discriminating by aiding or abetting acts performed in violation of this
Chapter.
(U) Coercion. Coercion, intimidation, threatening or interference with any person in
the exercise or enjoyment of, or on _account of his/her having exercised or
enjoyed, or on account of his/her having aided or encouraged any other person
in the exercise or enjoyment of, any right granted or protected by this Chapter.
•
(V) Discrimination Due to a Disability.
1. To discriminate because of a disability of: •
a. That person;
b. A person residing in or intending to reside in that dwelling after it is
sold, rented or made available; or
C. Any person associated with that disability.
2. For purposes of this subsection, discrimination includes:
a. A refusal to permit, at the expense of the disabled person,
reasonable modifications of an existing dwelling unit occupied or to
be occupied by such person if such modifications may be
necessary to afford such person full enjoyment of the premises;
except that, in the case of a rental, th-e landlord may, where it is
reasonable to do so, condition permission for a modification on the
renter agreeing to restore the interior of the premises to the
condition that existed before the modification, reasonable wear and
tear excepted; a person with disabilities may make reasonable
modification as provided in this Section of the Fair Housing 0
26-0-14
Ordinance to the interior or exterior public and common use areas
of a building as well as to his/her individual dwelling unit.
b. A refusal to make reasonable accommodations in rules, policies,
practices or services, when such accommodations may be
necessary to, afford such person equal, opportunity to use and enjoy
a dwelling; or
C. In connection with the design and construction of covered multi-
family dwellings for first occupancy a failure to design and construct
those dwellings in such a manner that:
(1) The public use and common use portions of such dwellings
are readily accessible to and usable by disabled persons;
(2) All the doors designed to allow passage into and within all
premises within such dwellings are sufficiently wide to allow
passage by disabled persons in wheelchairs; and
(3) All premises within such dwellings contain the following
features of adaptive design:
0 A. An accessible route into and through the dwelling-,
B. Light switches, electrical outlets, thermostats and
other environmental controls in accessible locations;
C. Reinforcements in bathroom walls to allow later
installation of grab bars; and
D. Usable kitchens and bathrooms such that an
individual in a wheelchair can maneuver about the
space.
3. Compliance with the appropriate requirements of the American National
Standard for buildings and facilities providing accessibility and usability for
physically disabled people (commonly cited as ANSI A117.1) suffice to
satisfy the requirements of this paragraph.
SECTION 10: Section 5-5-8 of the Evanston City Code of 2012, as amended, is
hereby further amended and revised to read as follows:
. 5-5-8: DISCRIMINATION IN LENDING:
26-0-14
It shall be unlawful and a violation of this Chapter for any lending institution to
discriminate 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 real property, or to offer,
seek or agree to terms, conditions or privileges that discriminate on account of race,
color, religion, sex, age, sexual orientation, gender identitv, marital status, .disability,
source of income, familial status or national origin. (See Subsection 6(C) of this
Chapter.)
SECTION 11: Section 5-5-9 of the Evanston City Code of 2012, as amended, is
hereby further amended and revised to read as follows:
5-5-9: REFUSALS TO DEAL IN LENDING:
It shall be unlawful and a violation of this Chapter 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 real property because of discrimination on account of race,
color, religion, sex, age, sexual- orientation, qender identitv, marital status, disability,
source of income, familial status or national origin.
SECTION 12: Section 5-5-10 of the Evanston City Code of 2012, as amended,
is hereby further amended and revised to read as follows: 0
5-5-10: COVERAGE:
This Chapter shall apply, respectively, to every person, including, but not limited to,
every owner, lending institution, real estate broker and manager who, within the City,
performs any function relating to or in connection with a real estate transaction, whether
or not such person maintains an office or place of doing business within the City;
provided, however, that the provisions of this Chapter shall not be so construed as to
prohibit a person on behalf of the owner from inquiring into and reporting upon the
qualifications of any prospective buyer or tenant with respect to limitations or exclusions
other than those of race, color, religion, sex, age, sexual orientation, qender identity.
marital status, disability, source of income, familial status or national origin.
SECTION 13: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 14: If any provision of this ordinance or application thereof to any
person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
26-0-14
• shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 15: The findings and recitals herein are declared to be prima facie
evidence of the law of the City and shall be received in evidence as provided by the
Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 16: That this Ordinance 26-0-14 shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law.
Introduced:'A\`�) \ 9 2014 Approved:
Adopted: ---VA 2014 �`�-` �� 2014
E9beth B. Tisdahl, Mayor
Attest: Approved as to form:
_ _Z�rk Ro ney GreenVCity W. Graht Farra , Corporation Counsel
•