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AN ORDINANCE
Amending Title 5, Chapter 5 of the City Code
of the City of Evanston (Fair Housing Ordinance)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
is EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 5-5-2, "Purpose and
Declaration of Policy," of the City
Code of the City of Evanston, 1979, as amended, be and it is
further amended 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 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
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,
I religion, sex, age, sexual orientation, marital status,
presence or age of children, or national origin.
i !
SECTION 2: That Section 5-5-5, "Definitions," of the
'City Code of the City of Evanston, 1979, as amended, be and it
its further amended by adding the following definitions in the
!appropriate alphabetical sequence:
i
SOLICITATION: An attempt to induce any person or persons
to enter into or participate in any real
estate sale or listing for sale.
STEERING: To encourage or discourage the sale or
rental of real property because of the
race, color, religion, sex, age, sexual
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orientation, marital status, presence or
age of children, 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
i
orientation, marital status, presence or
age of children, or national origin of
persons in the area or purported to be
moving into the area.
SECTION 3: That 5-5-6, "Discrimination Prohibited,"
-of
the City Code of the City of Evanston, be and it is further
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amended by adding the following subsections:
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 persons because of the race, color, religion,
• sex, age, sexual orientation, marital status, presence or
age of children, 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.
(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.
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(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
I� prospective entry into any neighborhood of any person
or persons of any particular race, color, religion,
i sex, age, sexual orientation, marital status,
' presence or age of children, or national origin.
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(E) Inducing Sales: Distribute or cause to be distributed
written material or statements designed to -induce any
i 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, presence or
age of children, 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
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representing that the presence or anticipated
presence of persons of any particular race, color,
religion, sex, age, sexual orientation, marital
status, presence or age of children, 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, 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, or otherwise to
withhold real property from any person because of
race, color, religion, sex, age, sexual orientation,
marital status, presence or age of children, or
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, presence or
age of children, or national origin of any
prospective purchaser, lessee or tenant, or because
of the race, color, religion, sex, age, sexual
orientation, marital status, presence or age of
children, or national origin of the residents in the
i.
area in which the property is located.
(K) Steering: Encourage or discourage the sale or rental
of real property because of the race, color,
i, religion, sex, age, sexual orientation, marital
status, presence or age of children, 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
j' because of race, color, religion, sex, age, sexual
orientation, marital status, presence or age of
children, 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, presence or age of children, or national
i.; origin, or toward any prospective seller, purchaser,
or tenant because of the race, color, religion, sex,
age, sexual orientation, marital status, pre-sence or
age -of children, or national origin of the persons in
the area in which that property is located.
i; (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.
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(0) Information Regarding.Complaints: Fail, within a
reasonable time, to provide information requestd 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 Ordinance, or a poster
provided by the Commission summarizing this
ordinance; 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: Discriminate in the sale of insurance in
connection with real estate.
(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, presence or age of children, or national
origins of persons in the area or purported to be
moving into the area.
(T) Listing Agreement: Entering into a listing agreement
which discriminates against any person.
• (U) Aid or Abet: Discriminating by aiding or abetting
acts performed in violation of this ordinance.
(V) Coercion: Coercion, intimidation, or interference
with any person in the exercise or enjoyment of, or
j 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 Ordinance.
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SECTION 4: That Section 5-5-11, "Powers and
Duties of Administrator and Commission,"
of the City Code of the City of Evanston be and it is further
amended by revising paragraph 2 to read as follows:
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.
and by revising subparagraph (C) to read as follows:
(C) To subpoena witnesses and pertinent documents at both
• the investigation and hearing stages, which power may
be enforced by the Commission by proper petition to
any court of competent jurisdiction.
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and by adding new subparagraphs(E) and (F) as follows:
(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.
0(F) 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:
1. Information regarding the policy of the City to
promote equal opportunity in housing.
2. Information on local, state and federal equal
opportunity programs and regulations.
SECTION 5: That Section 5-5-12, "Proceedings
Before Commission," of the City Code of
the City of Evanston be and it is hereby amended to read as
follows:
5-5-12: PROCEEDINGS BEFORE COMMISSION: Proceedings
under this Chapter shall be commenced by the
filing of a complaint, within one hundred twenty (120)
days of the alleged violation, with the Commission,
through the Administrator. The complaint shall contain a
short and plain statement describing the grievance
alleged, the name and address of the person charged, and
shall be signed by the aggrieved party or Administrator.
After the complaint is filed, the Administrator shall,
j; within ten (10) working days, serve a copy of the
complaint personally or by certified mail on the person or
!; persons charged and shall furnish copies to the members of
the Commission.
If the Administrator determines that the allegations as
stated in the complaint, if true, would constitute a
i' violation of this Chapter, he shall investigate the
complaint. If he finds in that investigation that the
allegations appear to be supported by the facts found by
him, he shall set a date for a 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.
If the Administrator is unable to conciliate the complaint
within thirty (30) days of the filing of the complaint, he
shall immediately notify the chairman of the Commission,
and the Commission shall within thirty (30) days of such
notification hold a hearing on the complaint.
• If the Administrator determines that a complaint is
without merit, he shall dismiss the complaint. The
Administrator shall, within five (5) days,of such
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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, may
withdraw the dismissal and refer the complaint to the
Administrator for conciliation and/or hearing as
necessary.
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 still
pending before the Administrator or the Commission.
Hearings by the Commission shall be conducted by any three
(3) or more members thereof, three (3) of whom shall
thereafter attend all adjourned hearings of the complaint
upon due and reasonable notice to all parties. At the
conclusion of the hearings a written report with findings
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 waived by agreement of the complainant and
the respondent or upon good cause shown and stated in the
record. A majority of the hearing members must concur in
the findings and recommendation. These findings of fact
and decision shall in all cases be advisory to the Human
Relations Commission. The Commission will review the
complete record including transcripts of testimony,
exhibits, the findings and recommended 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 in the findings. 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.
Respondents as well as complainant 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 law established with respect to
civil cases in the circuit courts of the State of
Illinois. The burden of proof with respect to
allegations, which shall rest with the complainant, shall
be a preponderance of evidence.
The Commission shall be empowered at the conclusion of
such proceedings, and as part of its report, to direct
that any person who shall have been found, as a result of
I such proceedings, to have violated this Chapter, to
forthwith take any one or more of the following actions:
(A) Comply with this Chapter in respect to each violation
found.
(B) 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.
(C) Reimburse the complainant for his actual and
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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;
provided that no such reimbursement by any respondent
shall exceed the sum of five hundred dollars
($500.00) with respect to each complaint filed,
irrespective of the number of violations found.
(D) 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.
(E) 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.
The Commission may, by written order served upon the
respondent at any time pending final determination upon a
complaint by the Administrator or the Commission, direct
that the particular real property with respect to which a
violation of this Chapter shall have been charged shall
not be sold, leased, exchanged, transferred, conveyed or
assigned to any person other than the complainant until
such time as the Commission shall have rendered its final
determination.
Any person who has been fined, or any complainant
aggrieved by the decision of the Commission, shall have
full right to appeal from such order or finding by any
appropriate action in law or equity in any court of
competent jurisdiction; provided, however, that the order
of the Commission shall become final if no appropriate
action for judicial review is taken within thirty (30)
days after the issuance of said order.
In addition thereto, the Commission may direct the
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Corporation Counsel to file with the Department of
Registration and Education of the State of Illinois a
complaint against any real estate broker found guilty of
violating any provision of this Chapter, seeking
suspension or revocation of the license issued to such
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broker by the State of Illinois.
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The Commission may direct the Corporation Counsel of the
City 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.
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. Nothing shall preclude the parties from
consenting with approval of the Commission to extension of
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any time period hereinabove set.
SECTION 6: That Section 5-5-13 is hereby
amended to read as follows:
5-5-13: SOLICITATION:
(A) List of Residents Desiring Not to be Solicited:
• Not more than 30 (thirty) days prior to each
solicitation activity, each broker or agent shall
obtain from the Commission a list of residents who
have informed the Commission of their desire not to
be solicited. No broker or agent shall solicit any
resident whose name and address appears on said list.
(B) Notice of a Given Solicitation Activity:
Upon soliciting homeowners, door-to-door, via the
mail or by telephone canvass, the broker or agent
shall notify the Administrator by telephone, in
person, or in writing as follows: The notice of a
given solicitation activity shall be made within
three (3) working days of the given solicitation and
shall include the specific addresses, dates of
contact, specific materials distributed and method or
methods of contact.
(C) In reviewing solicitation activities submitted in
Section 5-5-13(B), the administrator may advise the
broker or agent regarding the use of language which
might be inadvertently suspect or misunderstood, even
though not in violation of this ordinance. In
advising such brokers or agents as to solicitation
activities which are not in violation of this
ordinance, such factors will be considered as:
• 1. the nature and frequency of complaints from
citizens in area solicited;
2. t:e.sting and audit results from area
solicited;
3. frequency of solicitation activities in area
to be solicited.
(D) Any person who violates Section 5-5-13(A) and/or
5-5-13(B) shall be subject to a fine of not less than
$50.00 (Fifty Dollars) nor more than $500 (Five
Hundred Dollars) for each violation. Each
solicitation to an owner or tenant shall be deemed to
be a separate offense.
(E) Section 5-5-13 shall be effective until May 1, 1989
at which time said section shall sunset unless
renewed by action of City Council.
SECTION 7: That Section 5-5-14 be and hereby
is amended to read as follows:
• 5-5-14: PRIVATE REMEDIES: Any person aggrieved in
any manner by the violation of this Chapter
who has exhausted the remedies provided in Section 5-5-12
of this Chapter, may apply to any court of competent
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jurisdiction for appropriate relief from such violation,
including:
(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.
(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) These remedies shall be available notwithstanding the
imposition of other penalties provided by this
Chapter.
SECTION 8: That Section 5-5-15 be and is hereby
added to read as follows:
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.
SECTION 9: That Section 5-5-16 be and is hereby
added to read as follows:
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5-5-16: GENDER: The masculine gender, whenever
used in this Ordinance, includes the female
!; gender unless manifestly inconsistent with the context.
SECTION 10: All ordinances or parts of ordinances
i
i in conflict herewith are hereby repealed. -
SECTION 11: This ordinance shall be in full force
and effect from and after its passage,
;'approval, and publication in the manner provided by law.
Introduced: C� �ol 1987.
!' Adopted: 1987. i
' Appro ed: '29,e� 1987.
Mayor
ATTEST -
City Clerk
• Apt ve as to fo
rporatiorf Coan ;el
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