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HomeMy WebLinkAboutORDINANCES-1992-034-O-92• 0 SECTION: 5-5- 1: 5-5- 2: 5-5- 3: 5-5- 4: 5-5- 5: 5-5- 6: 5-5- 7: 5-5- 8: 5-5- 9: 5-5-10: 5=5-11: 5-5-12: 5-5-13: 5-5-14: 5-5-15: 5-5-16: 5-5-1: SHORT the " Fair 17-0-81) 34-0-92 An Ordinance Chapter 5 Fair Housing Ordinance Short Title Purpose and Declaration of Policy Construction Severability Definitions Discrimination Prohibited Exemptions Discrimination in Lending Refusals to Deal in Lending Coverage Powers and Duties of Administrator Proceedings Before Commission Election Of Judicial Determination Private Remedies Penalty Gender and Commission TITLE: This Chapter shall be known and may be cited as Housing Ordinance of the City of Evanston". (Ord. 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 public 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 (fity, 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, marital status, disabilitv,. familial status. or national origin of any individual. 5-5-3: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 5-5-2 and the special purpose of the particular provision involved. 5-5-4:SEVERABILITY: If any provision of this Chapter or the • application thereof to any person or circumstances 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. 5-5-5:DEFINITIONS: For the purpose of this Chapter: ADMINISTRATOR: The Executive Director of the Commission or any employee of the City or the Commission designated by the City Manager, with the approval of the Commission. AGE CLASSIFICATION: Includes any person eighteen (18) years of age or older, or an emancipated mature minor as determined under Chapter 40, section 2201 et. seq. of the Illinois Revised Statues, "The Emancipation of Mature Minors Act". CHILD: Any person under the age of eighteen (18) who is a member of a family as that term is defined in section ill of the Evanston Zoning Ordinance. COMMISSION: The Evanston Human Relations Commission established by Section 2-5-1 of the Code of the City of Evanston, 1979 as amended and "Executive Director of the Commission" means the person from time to time selected by the Commission to act in such capacity. CONCILIATION: "Conciliation" means resolution of issues raised by a complaint, or the investigation of a complaint, through informal • negotiations involving the complainant, the respondent, and the Administrator. DISABILITY: "Disability" means, with respect to a person - (1) a Dhvsical or mental impairment which substantiallv limits one or more of such Derson's maior life activities. (2) a record of having such an impairment, or (3) beina regarded as having such an 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)). DISCRIMINATION: To snake distinction in treatment of any person because of race, color, religion, sex, age, sexual orientation, marital status, disability, familial status, or national origin of an individual. 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. Dwellina unit shall include anv vacant land which is offered for sale or lease. for the construction or location thereon of anv structure or building for occupancv as a residence for one or more Dersons. • FAMILIAL STATUS: "Familial Status" refers to whether a household includes one or more individuals (who have not attained the acre of 18 vears) domiciled with - (1) a Darent or another person having legal custodv of such individual or individuals; or (2) the designee of such Darent or other person having such custody, with the written Dermission of such Darent or other Derson. The Drotection afforded against discrimination on the basis of familial status shall apply to any Derson who is Dreanant or is in the Drocess of securing legal custodv of anv individual who has not attained the age of 18 vears. LEASE OR LEASING: Includes and means rent, renting, assignment, sublease and subletting. LENDING INSTITUTION: 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 or a security interest in real estate. MANAGER: A person who as owner or agent of the owner or owners has the principal responsibility for the management of five (5) or more dwelling units for rent within the City and performs or • employs others to perform the services associated with the letting and maintenance of said rental units. COVERED MULTIFAMILY DWELLING: For the Durposes of this chapter the term "covered multifamilv - dwelling" applies onlv to newlv constructed dwellings as defined in Section 5-5-6 (W)(2)(c). and shall consist of : a. anv dwelling containing 4 or more living units exclusive of anv unit for the owner of the premises if such building has an elevator. and b. around floor units of other buildings consisting of four or more units that do not contain an elevator. OWNER: Any person who holds legal or equitable title to, or owns any beneficial interest in, any real property or who holds legal or equitable title to shares of, or holds any beneficial interest in, any real estate cooperative which owns any real property or any person who is acting as the agent, manager or employee of the owner PERSON: Includes one or more individuals, corporations, partnerships, associations, legal representatives, mutual companies ioint stock companies. labor organizations, unincorporated organizations, trusts, trustees in bankruptcy, receivers and fiduciaries. 0 3 PURCHASE: Includes any contract to purchase. • REAL ESTATE BROKER: Any person licensed as a real estate broker in accordance with the provisions of chapter 114-1/2 Illinois Revised Statutes, or required thereby to be so licensed. REAL ESTATE TRANSACTION: The purchase, sale exchange or lease of any real property and an option to do any of the foregoing. REAL PROPERTY: Any real estate improved or unimproved, within the City limits, including rooming units. SALE: Includes any contract to sell, exchange or to convey, transfer or assign legal or equitable title to or a beneficial interest in real property. (Ord. 17-0-81) SEXUAL ORIENTATION: State of heterosexuality, homosexuality, or bisexuality by or between persons of age. (Ord. 54-0-81) 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 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 persons in the area or purported to be moving into the area.(Ord. 19-0-87) • .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, disabilitv, 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: (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.. 4 • • (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: Discriminate or to participate in discrimination in connection 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, age, sexual orientation, marital status, disabilitv, 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, marital status, disability, 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, marital status, disability, 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. (G) Refusal to Sell: Refuse to sell or rent real property because of race, color, religion, sex, age, sexual orientation, marital status, disability, familial status,,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 or otherwise to withhold real property from any person because of race, color, religion, sex, age, sexual orientation, marital status, disability, familial status, or • 5 national origin. • (J) Refusal to Show Real Estate: Refuse to show real estate because of the race, color, religion, sex, age, sexual orientation, marital status, disability, familial status, or national origin of the residents in the area in which the property is located. (K) Steering: 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 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, marital status, disability, familial status, or national origin, or toward any prospective seller, purchaser, or tenant because of the race, color, religion, sex, age, sexual orientation, marital status, disability, familial status, or national origin of the person 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) Information Regarding Complaints: Fail, within a reasonable time to provide information requested by the person charged with enforcement of this Chapter as a result of a complaint alleging a violation of this Chapter. ( P ) 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. (Q) 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. (R) Insurance: Discriminatelin the sale of insurance in connection with real estate. A 0 • (S) 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, marital status, disability, familial status, or national origins of persons in the area or purported to be moving into the area. (T) Listing Agreement and Multiple Listing Service: 1. Entering into a listing agreement which discriminates against any person due to their race, color, religion, sex, aae, sexual orientation, marital status, disability, familial status, or national origin. 2. Denv a person access to, or membership or participation in anv multiple listing service, real estate broker's organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or DarticiDation, on account of race, color, religion, sex, aae, sexual orientation, marital status, disability, familial status, or national origin. (U) Aid or Abet: Discriminating by aiding or abetting acts performed in violation of this Chapter. (V) Coercion: Coercion, intimidation, threatenina or interference with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, • any right granted or protected by this Chapter. (Ord. 19-0-87) M Discrimination due to a Disabilitv: (1) Discriminate because of a disabilitv of (a) that Derson (b) a Derson residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (c) anv Derson associated with that disabilitv. (2) For Durposes of this subsection, discrimination includes - (a) a refusal to Dermit, at the expense of the disabled Derson, reasonable modifications of existing multifamilv units* occupied or to be occupied by such Derson if such modifications may be necessary to afford such Derson full enjoyment of the Dremises; except that, in the case of a rental, the landlord may where it is reasonable to do so condition Dermission for a modification on the renter aareeina to restore the interior of the Dremises to the condition that existed before the modification, reasonable wear and tear excepted. (b) a refusal to make reasonable accommodations in rules, Dolicies, Dractices, or services, when such accommodations may be necessary to afford such person equal oDDortunity to use and eniov a dwelling; or (c) in connection with the design and construction of 0 7 covered multifamilv dwellings for first occuDancv after March 12, • 1991, a failure to design and construct those dwellings in such a manner that - (i) the Dublic use and common use Dortions of such dwellings are readilv accessible to and usable by disabled Dersons: (ii) all the doors designed to allow Dassage into and within all Dremises within such dwellings are sufficiently wide to allow Dassage by disabled Dersons in wheelchairs; and (iii) all Dremises within such dwellings contain the following features of adaptive design: (I) an accessible route into and through the dwelling; (II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (III) reinforcements in bathroom walls to allow later installation of grab bars; and (IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. (3) ComDliance with the aDDroDriate requirements of the American National Standard for buildings and facilities Drovidina accessibilitv and usabilitv for Dhvsicallv disabled DeoDle (commonlv cited as ANSI A117.1) suffice to satisfv the requirements of this Daraaraph. (4) Nothing in this Ordinance shall be construed to require the Human Relations Commission to review or aDDrove Dlans, designs or construction of multi-familv dwellings, to determine if the design and construction comDly with the provision of this • ordinance. 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 religious organization, from limiting the sale, rental or occuDancv 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) Apply to the leasing of rooms to roomers in a dwelling unit occupied by the owner or lessee of the entire premises as a family household having not more than two (2) roomers exclusive of salaried household employees living on premises. (C) Prohibit (due to the Familial Status provisions of this Ordinance) the operation of housing for older Dersons. If the following Drovision are satisfied: (1) As used in this section " housing for older persons " means housing-- 8 41 • (A) provided under anv State or Federal program that the U.S. Department of Housina and Urban Development determines is specifically designed and operated to assist elderlv persons (as defined in the State or Federal program); or (B) intended for, and solelv occupied bv, persons 62 Years of or older; or (C) intended and operated for occupancy by at least one person 55 vears of aae 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: (i) the existence of significant facilities and services specifically designed to meet the phvsical 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 (ii) that at least 80 percent of the units are occupied by at least one person 55 vears of aae or older per unit; and ( iii ) the publication of , and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for person 55 vears of aae or older. .(21 Housina shall not fail to meet the requirements for housing for older persons by reason of: (A) persons residing in such housing as of the date of enactment of this Ordinance who do not meet the aae requirements of •subsection (1)(B) or (C): Provided, that new occupants of such housing meet the aae requirements of subsections (1)(B) or(C); or (B) unoccupied units: Provided, that such units are reserved for occupancv for persons who meet the aae requirements of subsections (1)(B) or(C). (3) The Administrator shall determine based on the factors listed in this section the applicability of anv claimed exemption under this ordinance. (D) Bar any charitable or educational organization from limiting to persons of the same sex the rental of living accommodations in facilities primarily providing single room occupancy. 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, aae, sexual orientation, marital status, disability, familial status, or national origin. 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 r 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, marital status, disability, familial status, or national origin. 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, marital status, disability, familial status,. or national origin. (Ord.17-0- 81) 5-5-11:POWERS AND DUTIES OF ADMINISTRATOR AND COMMISSION: It shall be the duty of the Commission, acting through the Administrator, to receive and investigate complaints charging violations of this Chapter, including, but not limited to," complaints charging discrimination, seek conciliation of such complaints, seek compliance by violators, hold hearings, and make findings of fact, determine awards, fines and penalties, and make recommendations in accordance with the provisions of this Chapter. The Administrator shall have the power to initiate complaints and/or file charges alleging discrimination under this Chapter. In all complaints filed by the Administrator, the name of the complainant and respondent and a brief summary of the allegations filed shall be a matter of public record at the time of the filing of charges. The Commission shall semi-annually report in writing to the City Council the actions undertaken with respect to this Chapter in a form to be established by the Human Services Committee. The Commission shall have the power: (A) To administer and take sworn testimony. (B) To adopt, promulgate, amend and rescind rules and regulations of procedure consistent with the provisions of this Chapter. (C) To subpoena witnesses and pertinent documents at both the investigation, conciliation and hearing stages, which power may be enforced by the Commission by proper petition to any court of competent jurisdiction. (D) To hold meetings which are closed to the public for the purpose of conciliating complaints. (E) To appoint attorneys with expertise in Fair Housing law, 10 •from a list approved by the Corporation Counsel and with the approval of the City Manager, empowered to prosecute violations and represent Complainants under this Chapter or to otherwise act as would the Corporation Counsel. (F) Nothing in this Chapter shall be construed to prohibit any person from referring a prospective tenant or purchaser to the Human Relations Commission for advice and information. Said advice or information may consist of but is not limited to furnishing: (1) Information regarding the policy of the City to promote equal opportunity housing. (2) Information on local, State and Federal equal opportunity programs and regulations. 5-5-12:PROCEEDINGS BEFORE COMMISSION: (A)Proceedings under this Chapter shall be commenced by the filing with the Commission of a complaint, under oath or affirmation within one (1) vear of the alleged violation. The complaint shall be in such detail as to substantially apprise any party properly concerned as to the time, place and facts surrounding the alleged violation. A complaint may be amended by right until an answer is filed, thereafter by leave of the Commission. The complaint maybe filed by an aggrieved party or the Administrator. (B) After the complaint is filed, the Administrator shall, within ten (10) working days, serve a copy of the complaint personally or by certified mail on the respondent. (1) Complainant shall be notified of the filing of the complaint. (2) Each respondent may file a response within ten (10) working days of receipt of the complaint with the Administrator. (C) If the Administrator determines that the allegations as stated in the complaint, if true, would constitute a violation of this Chapter, he shall investigate the complaint. The Administrator shall conclude his investigation within One hundred (100) days of the filing of the complaint. If the Administrator is unable to conclude his investigation of the complaint within the One hundred (100 ) days he shall notify the Chairman and the parties of the need to continue the investigation. Such notice shall not reveal any facts related to that investigation. Upon such notice the period for completion of the investigation shall be extended by the Commission Chairman an additional thirtv (30) days. (1) Conciliation - The Administrator shall, to the extent feasible. enaaae in conciliation with respect to such complaint immediatelv after the filing of the complaint. Conciliation shall cease upon the issuance of a charge of discrimination or the dismissal of the complaint by the Administrator. (2) A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Administration. . (3) Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Administrator determines that disclosure is not required to further • the purposes of this ordinance. (4) Prohibitions and requirements with respect to disclosure of Conciliation conference Droceedinas.- Nothina said or done in the course of conciliation may be made Dublic or used as evidence in a subsequent Droceedina under this ordinance without the written consent of the Derson(s) concerned. (D) If the Administrator finds in his investigation that the allegations appear to be supported by the facts found by him, he shall issue a charge of discrimination which shall be served on the complainant, respondent,.and the Commission Chairman. (E) Upon the issuance of a charge of discrimination, the Commission, not later than thirty five ( 35 ) days after the issuance of the charge of discrimination , shall set a date for a hearing on the charge. The respondent shall file within ten (10) days of such charge its written response. The hearing shall commence within sixty (60) days of the issuance of the charge of discrimination. No hearing shall be scheduled, if anv Dartv elects to have the claims asserted in the charge decided by a civil action under section 5-5- 13 in lieu of a hearing before the Commission, the election must be made not later than 20 days after receipt of the charge by the electing Derson. (F) If the Administrator determines that a complaint is without merit, he shall dismiss the complaint. The Administrator shall, within five (5) days of such determination serve a copy of the Notice of Dismissal, and reasons therefor, personally or by certified mail on all parties and the Commission. The complainant - may within fourteen (14) days of the receipt of Notice of Dismissal petition in writing the Commission and request a hearing on the complaint. The Commission, by majority vote(s), may withdraw the dismissal and refer the complaint to the Administrator to issue a charge of discrimination and to schedule a hearing as necessary. (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 even though administrative hearings 'on the charge of discrimination are pending before the Commission. (H) Hearings by the Commission shall be conducted by any three (3) or more members thereof, but at least three (3) of whom shall thereafter attend all hearings on the charge of discrimination. At the conclusion of the hearings, a written report with findings of fact and a recommended decision shall be prepared for submission to the entire Commission. No report shall be delayed more than sixty (60) days after the date of the first hearing unless by agreement of the parties upon good cause shown. A majority of the hearing 12 0 • members must concur in the findings and recommendation. All members of the hearing panel may vote on the finding and recommendations. The findings of fact and recommended decision shall in all cases be advisory to the Human Relations Commission. The Commission may review the complete record including but not limited to the transcripts exhibits, briefs, the recommended findings and decision and then make a final decision on the charge of discrimination. However, to reach a decision, a majority of the Commission then in office must concur. The Commission shall reach its decision within three hundred (300) days of the filing of the complaint. Nothing shall preclude a complainant from withdrawing a complaint at any time after the filing. (I) All parties shall have the right to counsel. After a charge is issued the complainants shall be appointed legal representation from a list approved by the Corporation Counsel and with the approval of the Citv Manaaer. (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, too 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. (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) 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. 0 13 (5) Such order mav, to vindicate the Dublic interest, assess • , a civil Denaltv aaainst the respondent (in favor of the Citv of Evanston): 1. In an amount not to exceed S10.000 if the respondent has not been adiudaed to have committed anv Drior discriminatory housing Dractice; 2. In an amount not to exceed S25,000 if the respondent has been adiudaed to have committed one other discriminatory housing Dractice during the 5-vear Deriod ending on the date of the filina of such charge; and 3. In an amount not to exceed S50,000 if the respondent has been adiudaed to have committed two or more discriminatory housina Dractice durina the 7-vear Deriod endina on the date of the filina of such charge; (6) 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 Administrative Review Law. • (M) The Commission may direct the Corporation Counsel to file withk the Department of Professional Regulation of the State or any other regulatory or advisory agency a complaint against any real estate broker found guilty of violating any provision of this Chapter. (N) The Commission may direct the Corporation Counsel to commence action in any court of competent jurisdiction to recover the penalty provided therein, to seek such equitable relief as the Commission may deem proper or to enforce any order of the Commission. (0) If a respondent has been found guilty of a violation of this Chapter, in accordance with the procedures specified herein, the determination of the nature and extent of the penalty shall be vested in a majority of the entire Commission then holding office. Nothing shall preclude the parties from consenting with approval of the Commission to extension of any time period hereinafter set. (Ord. 7-0-88) 5-5-13: Election of Judicial Determination (A) When a charge is issued under section 5-5-12(D), the complainant, respondent, the Commission or an aaarieved Derson on whose behalf the complaint was filed, mav elect to have the claims 14 0 • asserted in that charge decided in a civil action, under subsection (B) of this section, in lieu of a hearing under section 5-5-12 (H). The election must be made not later than 20 days after the receipt by the electing person of the charge issued under 5-5-12(D) or, in the case of the Administrator, not later than 20 days after such service. The person making such election shall give notice of to the Administrator and to all other complainants and respondents to whom the charge relates. (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) shall commence and maintain, a civil action on behalf of the aggrieved person in a court of competent iurisdiction seeking relief under this subsection. (2) Anv aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action. (3) In a civil action, under this subsection, if the court finds that a discriminatory housing practice has occurred or is -about to occur, the court may grant any relief which a court could grant with respect to such discriminatory housinq practice in a civil action under section 5-5-14. Anv relief, so granted, that would accrue to an aggrieved person under • \ section 5-5-14 shall also accrue to that aggrieved person in civil action under this subsection. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court. (4) In a civil action under this section the court may to vindicate the public interest, assess a civil Denaltv against the respondent (in favor of the Citv of Evanston) in an amount that does not exceed anv of the following: i. Fifty thousand dollars for a first violation; ii. One hundred thousand dollars for anv subsequent violation. 5-5-14: PRIVATE REMEDIES: Anv person aggrieved in anv manner by the violation of this Chapter, may commence a civil action in anv court of competent jurisdiction not later than 2 vears after the occurrence or the termination of an alleged discriminatory housinq practice or the breach of a conciliation agreement entered into under this Ordinance, 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 anv person found by the court to • 15 have violated anv provision of this Chapter from the sale, lease, • exchange, transfer, convevance or assignment of anv real property, by anv Derson who in violation of this Chapter refuses or fails to perform such contract. (C) ComDensatory damages and Dunitive damages. (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 Ordinance, the court may allow the Drevailina Dartv a reasonable attornev's fee and costs. These remedies shall be available notwithstanding the imposition of other Denalties Drovided by this Chapter. 5-5-15:" PENALTY: Any person violating the provisions of this Chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ( $500.00 ) for each such offense. Every day a violation continues may be deemed a separate offense by appropriate finding. 5-5-16: GENDER: The masculine gender, whenever used in this Chapter, includes the female gender unless manifestly inconsistent with the context. (Ord. 19-0-87) / 1 • 16 • 0 T • Introduced: Adopted: Attest: i City Ceerk�/ Corporation Counsel /�Yz /gYL . 17 Approved : Ma or r' • • •