HomeMy WebLinkAboutORDINANCES-1993-100-O-93100-0-93
AN ORDINANCE
Amending Chapter 5 Of Title 5
Of The Evanston City Code
Relating To Fair Housing
WHEREAS, the City of Evanston has enacted a Fair Housing
Ordinance to secure to all persons living and/or working in the
City an equal opportunity to view, purchase, lease, rent or occupy
real estate without discrimination; and
WHEREAS, the Department of Housing and Urban Development
(HUD) provides federal funding for the enforcement of said
Ordinance; and
WHEREAS, HUD has directed that said Ordinance be amended
to comply with current regulations,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON:
Section 1: That section 5-5-5 of the Evanston City Code
of 1979, as amended be and hereby is further amended as follows:
COVERED MULTI- For the purposes of this Chapter the term ".covered
FAMILY multifamily dwelling", applies only to newly
DWELLING: constructed dwellings as defined in Section 5-5-6
(W)2(c), and shall consist of:
(A) Any dwelling containing four (4) or more living
units @3Ee isib`a? 3f--3$ry u=-- f= the --ewne= of t!ie
pse� if such building has an elevator; and
(B) Ground floor units of other buildings
consisting of four (4) or more units that do not
contain an elevator.
DWELLING UNIT: A room or group of rooms designed for occupancy by
one family with eating, sleeping, and living
facilities or lodging rooms as defined in the
Evanston Zoning Ordinance. Dwelling unit shall
include any vacant land which is offered for sale
or lease, for the construction or location thereon
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of any structure or building for occupancy as a
residence for one or more persons. The term
"existing dwelling unit" as used in 5 - 5 - 6 (W) (2) (a)
of the Evanston Fair Housina Ordinance shall
include the interior or exterior spaces, warts,
components, or elements of a building, includinq
individual dwellina units and the public and common
use areas of the building.
STEERING: To encourage or discourage the sale or rental of
real property because of the race, color, religion,
sex, age, sexual orientation, marital status,
disability, 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, marital
status, disability, familial status, or national
origin of the individual and/or persons in the area
or purported to be moving into the area.
Section 2: That Section 5-5-6 of the Evanston City Code
of 1979, as amended, be and hereby is further amended 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, marital status, disability,
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. Any such discrimination shall be
unlawful. Without limiting the foregoing, it shall also be
unlawful discrimination for any person to:
(C) Discriminate in Lending: 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, construction, rehabilitation, repairs or
maintenance of any real property in the City. .(See Section
5-5-8 of this Chapter).
M Steering: Encourage or discourage the sale or rental of real
property because of the race, color, religion, sex, age,
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sexual orientation, marital status, disability, 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, marital status, disability, familial status or
national origin of the individual/and or persons in the area
or purported to be moving into the area.
(W) 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 malti
famil-y dwellina 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, the 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 verson with disabilities may make reasonable
modification as vrovided in this section of the Fair
Housing Ordinance to the interior or exterior vublic and
common use areas of a building as well as to his and her
individual dwellina unit.
Section 3: That Sections 5-5-7 and 5-5-8 of the Evanston
City Code of 1979, as amended, be and hereby are further amended as
follows:
5-5-7:EXEMPTIONS: This Chapter shall not:
(A) Bar any religious or denominational institution or
organization, or any charitable or educational organization
operated, supervised or controlled by or in connection with a
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religious organization, from limiting the sale, rental or
occupancy of dwellings, which it owns or operates for other
than commercial purposes or giving preference with respect
thereto, to persons of the same religion or denomination,
unless membership in such religion is restricted on account of
race, color, or national origin.
(B) Excevt for Section 5-5-6(A) of this Chapter, apply to the
leasing of rooms to roomers in a dwelling unit occupied by the
owner as a family household having not more than two (2)
roomers, livincr independently, exclusive of salaried household
employees living on premises.
(C) Prohibit (due to the Familial Status provision of this
Chapter) the operation of housing for older persons. If the
following provision are satisfied:
1. As used in this section "housing for older persons" means'
housing:
a. Provided under any State or Federal program that the
U.S. Department of Housing and Urban Development
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 at least one
person fifty-five (55) years of age or older per unit.
In determining whether housing qualifies as housing for
older persons under this Section, the Administrator
shall require at least the following factors to be met:
(1) The existence of significant facilities and
services specifically designed to meet the physical
or social needs of older persons, or if the
provision of such facilities is not practicable,
that such housing is necessary to provide important
housing opportunities for older persons; and
(2) That at least eighty percent (80%) of the units
are occupied by at least one person fifty-five (55)
years of age or older per unit; and
(3) The publication of, and adherence to, policies
and procedures which demonstrate an intent by the
owner or manager to provide housing for persons
fifty-five (55) years of age or older.
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2. Housing shall not fail to meet the requirements for housing
for older persons by reason of:
a. Persons residing in such housing as of the Late e€
c==e mesrt- s Charter September 13. 1988,. who do not
meet the age requirements of subsections (C)l(b) or (c)
herein; provided, that new occupants of such housing meet
the age requirements of subsections (C)l(b) or (c)
herein; or
b. Unoccupied units: provided, that such units are
reserved for occupancy for persons who meet the age
requirements of subsections (C)l(b) or (c) herein.
3. The Administrator shall determine, based on the factors
listed in this Section, the applicability of any claimed
exemption under this Chapter.
(D) Bar any er educational organization from limiting
to persons of the same sex the rental of living accommodations
8--€ccilities—g i�aril� rrev iding S *— le =am eeeara=ey.
5-5-8: DISCRIMINATION IN LENDING: 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,
marital status, disability, familial status, or national origin.
(See 5-5-6(C) of this Chapter) .
Section 4: That Section 5-5-12 of the Evanston City Code
of 1979, as amended, be and hereby is further amended as follows:
5-5-12:PROCEEDINGS BEFORE COMMISSION:
(G) If, in the judgment of the Administrator after consultation
with the Commission, immediate court action is necessary, he
may at any time direct the Corporation Counsel or outside
counsel to file a complaint in any court of competent
jurisdiction for a fine, injunction, or other appropriate
relief. Such action may be taken at anv time after a complaint
has been filed with the Commission.
(I) All parties shall have the right to counsel. After a charge is
issued the complainants shall be appointed legal
representation at the expense of the Commission, from a list
approved by the Corporation Counsel and with the approval of
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the City Manager, (or the corporation counsel shall be
appointed) and will be empowered to prosecute violations and
represent complainants under this chapter or to otherwise act
as would the corporation counsel. All rules of procedure and
regulations adopted by the Commission shall preserve the right
of due process under the Illinois and United States
Constitutions. The burden of proof shall be on the
complainant. A determination sustaining the charge of
discrimination shall be by a preponderance of the evidence.
(J) The Commission shall be empowered at the conclusion of such
proceedings, and as part of its final order, to direct that
any person who shall have been found, as a result of such
proceedings, to have violated this Chapter, to forthwith take
any one or more of the following actions:
1. Comply with this Chapter in respect of each violation
found.
2. Perform any contract or agreement previously made with or
offered by or to the complainant for sale, lease, exchange,
transfer, conveyance or assignment of the particular real
property with respect to which a violation shall have been
found. I
3. Reimburse the complainant for his actual and reasonable
out-of-pocket expenses and costs necessarily incurred and to
be incurred as a direct result of each violation found, the
amount of which shall be specified by the Commission in its
report and may include, but need not be limited to,
reimbursement for expenses and costs for temporary living,
moving and storage of household furnishings, additional
expenditures relating to the lease or rental of real property
necessarily obtained to provide alternative housing
accommodations, additional expenditures resulting from failure
or refusal to sublease or assign leased real property, and
reasonable attorney's fees and disbursements.
4.Award comvensatory damages to the comvlainant and against
the Resvondent. Comvensatory damages may include damages
caused by humiliation and embarrassment.
5. Pay a penal sum of not less than one hundred ($100.00)
nor more than five hundred dollars ($500.00) for each
violation found. Every day a violation continues may be
deemed a separate offense by appropriate finding.
6. Such order may, to vindicate the public interest, assess
a civil penalty against the respondent (in favor of the City
of Evanston):
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a. In an amount not to exceed $10,000 if the respondent
has not been adjudged to have committed any prior
discriminatory housing practice;
b. In an amount not to exceed $25,000 if the respondent
has been adjudged to have committed one other
discriminatory housing practice during the five (5) year
period ending on the date of the filing of such charge;
and
c. In an amount not to exceed $50,000 if the respondent
has been adjudged to have committed two or more
discriminatory housing practice during the seven (7) year
period ending on the date of the filing of such charge.
7. Comply with such other and further relief as may be deemed
appropriate by the Commission for the enforcement of this
Chapter and the elimination of violations thereof.
(K) The Commission may, by written order served upon the
respondent at any time pending final order, order that the
particular real property, with respect to which a violation of
this Chapter has been filed, shall not be sold, leased,
exchanged, transferred, conveyed or assigned to any person
other than the complainant.
(L) Any complainant or respondent may apply for and obtain
judicial review of a final order of the Commission entered
under this Chapter in accordance with the provisions of the
Illinois Administrative Review Act.
Section 5: That Section 5-5-13(B)(1) of the Evanston
City Code of 1979, as amended, be and hereby is further amended as
follows:
5-5-13: Election of Judicial Determination:
(B) Civil Action for Enforcement when Election is Made for Such
Civil Action:
1. If an election is made under subsection (A), of this
section, the Commission shall authorize, and not later than 30
days after the election is made the Corporate Counsel or his
designee as specified in section 5-5-12(I) of this Chapter
shall commence and maintain, a civil action on behalf of the
aggrieved person in a court of competent jurisdiction seeking
relief under this subsection, at the exvense of the
Commission.
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Section 6: That Section 5-5-14 of the Evanston City Code
of 1979, as amended, be and hereby is further amended as follows:
5-5-14: PRIVATE RMMIES: Any person aggrieved in any manner by
the violation of this Chapter, may commence a civil action in any
court of competent jurisdiction not later than 2 years after the
occurrence or the termination of an alleged discriminatory housing
practice or the breach of a conciliation agreement entered into
under this Chapter , whichever occurs last, to obtain appropriate
relief with respect to such discriminatory housing practice or
breach. If the court finds that a discriminatory housing practice
has occurred, the court may grant the following relief:
(A) An order compelling compliance with this Chapter.
(B) An order to prohibit any person found by the court to have
violated any provision of this Chapter from the sale, lease,
exchange, transfer, conveyance or assignment of any real
property, by any person who in violation of this Chapter
refuses or fails to perform such contract.
(C) Compensatory damages and punitive damages, including damages
caused by humiliation and embarrassment.
(D) Such other and further relief as may seem appropriate to the
court for the enforcement of this Chapter and the elimination
of violations thereof.
(E) In a civil action under this Chapter, the court may allow the
prevailing party a reasonable attorney's fee and costs.
These remedies shall be available notwithstanding the imposition of
other penalties provided by this Chapter.
Section 7: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 8: This ordinance shall be in full force and
effect from and after its passage, approval, and publication in the
manner provided by law.
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Introduced: 1993
� ��,13,
Adopted: �,��/3 , 1993
ATTEST:
City Clerk
Approves as to form:
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C a ion Counsel
i
Approved: , 1993
Mayor
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