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HomeMy WebLinkAboutORDINANCES-1988-007-O-882/3/88 3/9/88HH 2/18/88 3/24/88 3/2/88(HH) 7-0-88 'AN 'ORDINANCE Amending Sections 5-5-11 and 5-5-12 of the Fair Housing Ordinance BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF • EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 5-5-11 of the Evanston City Code, 1979, as amended; "The Fair Housing Ordinance," be and it is hereby further amended to -read as follows: 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 charges of complaints filed by the Administrator, the name of the respondent and a brief summary of the charges filed shall be a matter of public record at the time of the filing of charges. • The Commission shall semiannually 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, from a list approved by the Corporation Counsel and with the approval of the City Manager, empowered to prosecute violations under this Ordinance and to otherwise act as would the Corporation Counsel. 7-0-88 Nothing in this Ordinance 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: Information regarding the policy of the City to promote equal opportunity in housing. • Information on,local, state and federal equal opportunity programs and regulations. SECTION 2: That Section 5-5-12 of the City Code of the City of Evanston be and it is hereby further amended to read as follows: 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 hundred twenty (120) days 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 may be 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. (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 thirty (30) days of the filing of the complaint. If the Administrator is unable to conclude his investigation of the complaint within the 30 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 to sixty (60) days from the date of filing the complaint. (D) If the Administrator finds in his investigation that the allegations appear to be supported by the facts found by him, he shall set a date for a conciliation conference and notify the parties of the time and place thereof. At such conference the Administrator shall interview the complainant and the person or persons against whom the complaint has been directed, and shall attempt to resolve the complaint by conciliation. The Commission shall establish rules and regulations governing the conciliation of • complaints. (E) When there is a failure to settle or adjust any -2- 1 :: complaint through conciliation, the Administrator shall notify in writing the Chairman of the Commission and parties. Thp Commission, not later than thirty=five (35) days after such notification, shall set a date for a hearing on the complaint. The respondent shall file within thirty (30) days of such notification its written response to the complaint. The hearing shall commence within sixty (60) days of the notification of a failure to settle or adjust the • complaint. (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 reason 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 for conciliation and/or 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 of the complaint are pending before the Administrator or the Commission. (H) Hearings by the Commission shall be conducted by any three (3) or more members thereof, three (3) of whom shall thereafter attend all hearings on the complaint. 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 days after the date of the first hearing unless by agreement of the parties upon good cause shown. A majority of the hearing members must concur in the findings and recommendation. Only a Commission member in attendance at all hearings may vote on findings 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 complaint. However, to reach a decision, a majority of the Commission then in office must concur. The Commission shall reach its decision within sixty days of receipt of the written report. Nothing shall preclude a complainant from withdrawing a complaint at any time after the filing. (I) All parties shall have the right to counsel at their own expense. All rules of procedure and regulations adopted by the Commission shall preserve the right of due process under the Illinois and United States • Constitutions. A determination sustaining the complaint shall be by a preponderance of the evidence. The burden of proof shall be on the -3- 1 :: complainant. (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 to 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 dollars ($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. 5. 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 with the Department of Professional Regulation of the State of Illinois 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, -4- • to seek such equitable relief as the Commission may deem proper or to enforce any ofder of the Commiss ion .- d' (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 hereinabove set. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTIONA : This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:. 4�j"- 1988. Adopted:7e�a"cz 9 1988. O Appr ed: 1988. Mayor ATTEST: C'ty Clerk Appr ved a for ''U CorivratiIn Counsel -5-