HomeMy WebLinkAboutORDINANCES-1975-009-O-75Amended 3-3-75
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AN ORDINANCE
mendin the Fair Ho,Usi.n�-
Ordinance of the City of Evanston
BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON,
COOK COUNTY, ILLINOIS:
SECTION 1: That the title of Section'25� of the Code of the
City,of Evanston, 1!'57, as amended, be and the
same is hereby amended to read as follows:
"Chapter 251, Regulating and Licensing Real Estate Brokers
and managers and Prohibiting Discrimination
- -- in Real Estate Transactions."
SECTION 2: That Section 25h-2 of the Code of the City of
Evanston, 1957, as amended, be and the same is
` hereby amended to read as follows:
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"Section 25Z-2. Purpose and Declaration of Policy.
It is hereby declared to be the policy of the City of
Evanston and the purpose of this ordinance, 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 mainten-
ance and promotion of commerce, industry and good government
in the City, 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
1 real estate without discrimination based on race, color, re-
+ ligion, sex, ma ; al status. uresence or acre of children, or
national origin."
SECTION 3: That Subsection (d) of Section 25�-5 of the Code
.of the City of Evanston, 1957, as amended, be and
the same is hereby amended to read as follows:
f _
"(d) 'Discrimination' means to make distinction in treatment
of any person because of race, color, religion, agx, marital
st-at-11s, presence or aae of children., or national origin."
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SECTION 4: • That Section 25h 5,of the Code of the City` -of
Evanston, 1957, as amended, be and the same is
• hereby amended by adding the following paragraph:
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"(n) 'Child' means anv person under the age of eighteen (18)
who is a member of a family as that term is defined in Section
ITI of the Evanston Zoning Ordinance."
SECTION 5: That Section 25�-5 of the Code of the City of Ev-
anston, 1957, as amended, be and the same is here-
by amended by adding thereto the following paragraph:
"(o) 'meager.' means a person who as owner or agent of the
owner or owners has the principal responsibility for the man-
aaement of five or more dwelling units for rent within the
Pity and performs or employs others o perform the services
_associated with the ]Pttina and maintenance of said rental
Vnits."
SECTION 6: That Section 252-6 of the Code of the City of Ev-
anston, 1957, as amended, be and the same is..,
hereby amended to read as follows:
"Section 25h-6. Discrimination Prohibited.
No owner, Man_aggr, 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 because of race, color,'
religion, sex, marital status, presence or age of children,
or national origin of such other person or because of the I
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race, color, religion, sex, marital status, presence or' .;..p
of children, or national origin of the friends or asso..::L ls;
of such other person, in regard to the sale or rental.
dealings concerning real property. Any such discr4.°(_'._.
shall be considered an unfair real estate practic
limiting the foregoing, it shall also be an unf:,
tate practice and unlawful for any person to:
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. (a) Advertise
Publish or circulate or cause to be published or circu-
lated,' either in writing or orally, any notice, state- �
ment,• 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 rec-
ord or inquiry in connection with the prospective pur-
chase, rental or lease of real property, which expresses
directly or indirectly any limitation or discrimination,
or any intent to make any such limitation or discrimina-
tion.
(b) Deceive or Overcharge
Deceive or overcharge any person for real property in
the City, or to make any distinction, discrimination 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
Discriminate or to participate in discrimination in con-
nection with borrowing or lending money, guaranteeing
loans, accepting mortgages, or otherwise obtaining or
making available funds for the purchase, acquisition,
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) due to
the present or prospective entry into any neighborhood
• of any person or persons of any particular race, color,
religion, sex, marital status, presence or aqe of child-
ren, or national origin.
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(e) Inducinq Sales
'Distribut`e or cause to be distributed, written ma,teria.11
• or statements designed to induce any owner of any real
property in the City to sell or lease his or her real
property because of any present or prospective change
in the race, color, religion, sex, marital status, pres-
ence or aqe of children, or national origin of persons
in the neighborhood.
(f) Misrepresentation
Make any misrepresentations concerning the listing fok
sale or the anticipated listing for sale or the sale of
any real property for the purpose of inducing or attempt-
ing to induce the sale or listing for sale of any real
property by representing that the presence or anticipa-
ted presence of persons of any particular race, color,
religion, $ex. marital status, presence or age of child-
ren'or national origin in the area will or may result in
the lowering of real property values in the block, neigh-
borhood or area in which the property is located.
(g) Refusal to Sell
Refuse to sell or rent real property because of race,
color, religion, sex, marital status, presence or age of
children or national origin.
(h) Refusal to Show Records of Available Housing
Refuse to show, to any person who has specified his
needs, the list or other records identifying all real
properties reasonably meeting such specifications.
(i) Withholding Housing
Represent to any person that any real property is not
• available for inspection, purchase, sale, lease or oc-
cupancy when in fact it is so available, or otherwise to
withhold real property from any person because of race,
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r r.;lnr r^fi�'j('Yn19 f`!rV �,�ara+•�9 r,t��a•.e� vl""Z�nt� nd. w.v� ...c .,Lt.11
. .1 f . .. {.1C. .ay i�r w„+wrtw'.. �.ei KJ of vs r ldre,n,
or national origin.
• (j) Refusal to Show Real Estate
Refuse to show real estate because of the race, color, religion,
sex, marital status, presence or age of children, or national ori-
gin of any prospective purchaser, lessee, or tenant, or because of
the race, color, religion, sex, marital status, presence or age of
children, or national origin of the residents in the area in which
the property is located."
SECTION 7: That Section 25-1/2 - 7 of the Code of the City of Evanston,
_._ 1957, as amended, be and the same is hereby amended to add
the following sections:
"(c) Prohibit the operation of housing units designed and offered pre-
dominately for use and occupancy by persons over the age of sixty-two
(62)•"
0 "(d) Bar any charitable or educational organization from limiting to per-
sons of the same sex the rental of living accomodations in facilities
primarily providing single -room occupancy."
SECTION 8: That Section 25-1/2 - 8 of the Code of the City of Evanston,
1957, as amended, be and the same is hereby amended to read
as follows:
"Section 25-1/2 - 8. License Required.
It shall be unlawful for anyone to advertise, represent, hold him-
self out as, engage in the business of, or act in any manner as a real
estate broker in the City of Evanston without having first obtained a
State of Illinois real estate broker's license and an annual city license
for the purpose as provided herein.
Furthermore, it shall be unlawful for any manager to lease or manage
units without having first obtained an annual city license for that pur-
pose as provided herein. Each such license shall expire at midnight on
Uecember 31 of the calendar year in which it is issued."
SECTION 9: That Section 25-1/2 - 9 of the. Code of the City of Ev-
anston, 1957, as amended be and the same: is
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hereby amended to read as follows: '
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"Section 252-9. Applications; Fee and Records. f
Application for a real estate broker's license and man-
ager's license shall be made to the City Collector in writing;,
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signed by the applicant if an individual, by a duly author-.�
ized partner if a partnership, by a duly authorized member if
an association, or by a duly authorized officer thereof if a
corporation, verified by oath or affidavit. The application
form shall be determined by the City Manager, and amended.
from time to time as he believes advisable, and shall require
such information as he deems necessary. Any material false-
hood, misstatement or omission shall be grounds for immedi-
ate revocation of this license.
Each application shall be accompanied by a sworn state-
ment by each salesman, or atbP.r emplovees showinq property,
working for the applicant certifying that said person will
comply in all respects with the provisions of this ordinance
and the laws of the State of Illinois. Each broker licensed
under the provisions of this ordinance shall submit addition-
al sworn statements executed by any new salesman he employs
not later than 30 days after the date of the initial employ-
ment of such salesmen. Bach manager licensed under.the
provisions of this ordinance shall submit additional sworn
ptatements executed by any persons he employs, who show prop-
erty, not later than 30 days after the date of the initial
emplovment of such person.
Each real estate broker and manaqer shall be required to
maintain records relative to the purposes and policies of
this ordinance, developed by the City Manager and approved
by the'City Council pertaining to his activities in the City
• of Evanston relative to the concluding of the rental or sale
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�1 of property. Such records shall be transmitted to the City
Manager every two months. Such records shall be open to in-
spection by two and only two -designated representatives of
the City, and in the case of real estate brokers, by two and
only two designated representatives of the Evanston -North
Shore Board of Realtors at any time during regular business
hours. Information disclosed in these records which identi-
fies persons and firms by name shall be disclosed by them
only to the extent necessary for implementing the purposes
of this ordinance. Each broker and manaaer shall be required
to furnish information from said records in the form required
as a part of the annual license application. Real estate
brokers are required to begin maintenance of such records
from and after August 1, 1973, and are required to supply
such information as a part of their license applications be-
ginning with the 1974 license year. 14anaaers are required to
beain maintenance of such records from and after
and are required to supply such information as a.
part of their applications beainnina with the license
year. Thereafter, each annual license application shall re-
quire.information covering the previous calendar year. The
City of Evanston shall require an evaluation from the Human
Relations Commission by , on the usage and
effectiveness of the forms.
Information contained in said records or derived there-
from shall not be used in any adversary proceeding for or
against any real estate broker or manager.
The annual fee for a license shall be ten dollars ($10).
No license shall be issued for a sum less than the full am-
ount of the annual license fee."
SECTION; 10: That the first sentence of Section 2511-10 of the
Code of the City of Evanston, 1957, as amended,
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be and the same is hereby amended to read an foll.ov.s:
"Section 25,-10. Standard of Conduct.
It shall be unlawful for any real estate broker,or manager
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acting with respect to Evanston real estate to do any of the
I following:'
SECTION 11: That Subsection (i),of Section 251-2-10 of the
Code of the City of Evanston, 1957, as amended,
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be and the same is hereby amended to read as follows:
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"(i) Solicit for sale, lease or rental real estate because
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of the alleged or actual race, color, religion, sex. marital
Ztatus. presence or aae of children, or national origin of
persons in the City or part thereof. Solicit for sale, lease,
or rental real estate because of the present, prospective or
alleged entry into the City, or any part thereof, of any per-
son or persons of any particular race, color,.religion,,
marital status, presence or aae of children,, or national ori-
gin, or distribute or cause to be distributed written or oral
material or statements designed to induce any owner of real
estate to sell, lease or rent his property•'because of any
present, prospective or alleged change in the race, color, re-
ligion,-gex_ marital status. presence or age. gf children, or
national origin of persons in the City of Evanston or part
thereof."
SECTION 12: That Subsection (k) of Section 25�-10 of the
Code of the City of Evanston, 1957, as amended,
be and the same is hereby amended to read as follows:
" M Circulate, advertise, display or cause to be circulated,
advertised, or displayed any communication, notice, advertise-
ment, or sign relating to the sale, rental or leasing of any
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real property whichwhichwill indicate �r express any limitat ion
in the sale, rental or leasing of such real estate predicated'
upon the race, color, religion, .sex marital statue. PrPSPUgP_
nr age of Children. or national origin of any prospective
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buyer, lessee, or renter of such property."
SECTION 13: That Subsection :(1) of Section 25,-10 of the
Code of the City of Evanston, 1957, as amended,
be and the same is hereby amended to read as follows:
"(1) Fail to show real estate because of the race, color, re-
ligion, sex, marital status, presence or acre of children, or
national origin of the residents in the area in which the
property is located."
SECTION 14: That the present Subsection (m) of Section 25,-
10 of the Code of the City of Evanston, 1957,.
as amended, be relettered Subsection (n), with the subsequent
sections relettered accordingly, and that the following be sub-
stituted in its place:
"(m) Volunteer oral or written information about the racial
composition of a neighborhood unlebs such information is a:
factual, accurate and actual response to an unsolicited di-
rect question."
SECTION 15: That the new Subsection (n) of Section 25�-10
of.the Code of the City of Evanston, 1957, as
amended, be amended to read as follows:
"(n) Recommend, solicit, or encourage, in any manner, any
restrictions upon the listing, showing, sale, leasing or
rental of property, or knowingly to participate in discrim-
ination in connection with borrowing or lending money or in
any other activities relative to the financing for the ac-
quisition, construction or improvement of real gstate be-
cause of the race, color, religion, sex, marital status,
presence or acre of children, or national origin of the pro-
spective occupant of the premises."
SECTION 16: That the second paragraph of Section 25�-ll of
the Code of the City of Evanston, 1957, as am-
ended, be and the same is hereby amended.to read as follows:
"Any person, association, co -partnership, or corporation act-
ing as a real estate broker or manager in the City of Evan-
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stcn wf; .L :iot- vJtLi.11r 1i:otis(2(1 pnr.suant to this ord.i.nance
is guilty of a misdemeanor and shall be fined not less than
'I twenty-five ($25) nor more than five hundred dollars ($500)
t
for each offense, and every day that a violation of this
ordinance shall occur shall constitute a separate and dis-
tinct offense."
SECTION 17: That Section 252-12 of the. Code of the City of
Evanston, 1957, as amended, is hereby amended by
adding thereto the following paragraph:
"A manager shall be entitled to the .issuance of a license to
lease and manage dwelling units in the City of Evanston upon
payment of the license fee hereinabove provided. Said li-
cense shall be renewed annually provided that said manacrer
ghall not have had his City license revoked for violation of
this ordinance."
SECTION 18: That Section 252-13 of the Code of the City of
Evanston, 1957, as amended, be and the same is
hereby amended to read as follows:
"Section 252-13. Continuation of Business.
Nothing contained herein shall prevent �L licensee whose li-
cense has been suspended or revoked, and who has filed an
appeal pursuant to the laws of the State of Illinois as pro-
vided herein, from continuing the operation of such real es-
tate business until a decision on the appeal has been ren-
dered by the court having jurisdiction of the cause."
SECTION 19: That Section 252-14 of the Code of the City of
Evanston, 1957, as amended, be and the same is
hereby amended to read as follows:
"Section 252-14. Discrimination in Lending.
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It shall be an unlawful real estate practice and a violation
of this ordinance for any lending institution, in making, i
agreeing to make, arranging, or negotiating any loan or guar-
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sale',`construction, le, -se, reh,-:ailitation, improvement, reno-
vation, or repair of any real property, to offer, seek or
agree to terms, conditions, or privileges that discriminate
between persons because of race, color, religion, sex, mari-
es a:Te dhildreen , Y
tal stat..z�, nr._�.._nce or of o_ national o�rgin.
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SECTION 20: That Section 25z-15 of the Code of the City of
Evanston, 1957, as amended, be and the same is
hereby amended to read as follows:
"Section 252-15. Refusals to Deal in Lending.
It shall be unlawful real estate practice and a violation of
this ordinance for any lending institution to refuse to nego-
tiate for, enter into, or perform any agreement to lend or
guarantee the loan of funds for the purchase, sale, construc-
tion, lease, rehabilitation, improvement, renovation, or re- j
pair of any real property because of the race, color, reli-
gion, sex, marital status, presence or age of children, or
national origin 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 real property is located."
SECTION 21: That Section 252-16 of the Code of the City of
Evanston, 1957, as amended, be and the same is
hereby amended to read as follows:
"Section 25�,-16. Coverage.
This ordinance shall apply, respectively, to every real es-
tate broker and PVPry manaaer who, within the City, performs
any function as such.broker or manaaer, but does not maintain
an office or place of doing business within the City; and ap-I
plies to every broker, mranagpr, and lending institution main-{
taining an office or place of business within the City; pro-
j vided, however, that.the provisions of this ordinance shall
not be so construed as to prohibit a real estate broker on
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bchali o`; Li1 ' c'.. n 0 rcr i1iT11i�1-"1.j into ,and repor.ti!1cj a?,gin
the qualifications of any prospective buyer or tenant with re-
spect to limitations or exclusions other than those of race,
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color, religion, sex, marital status, presence or.aae of
children, or national origin.".
SECTION 22: Any ordinances or pprtions of ordinances in con-
flict herewith are hereby repealed.
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SECTION 23: This ordinance shall be in full force and effect!
from and after its passage, approval and publi-
cation in the manner provided by-law.
Introduced February 3 1975
Adopted March 3 1975
Approved March 3
,Is/ Edgar Vanneman, Jr.
Mayor
ATTEST:
/s/ Maurice F. Brgwn
City Clerk
Approved as to form: 1s/ -Jack M. Siegel
Corporation Counsel
,1975