HomeMy WebLinkAboutORDINANCES-1981-017-O-810
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AN ORDINANCE
Amending Title 5, Chapter 5 of the
Evanston City Code, 1979, as amended
Prohibiting Discrimination in
Real Estate Transactions
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK
COUNTY, ILLINOIS:
SECTION 1: That Title 5, Chapter 5'of the Evanston City Code,
1979, The Fair Housing Ordinance, is amended to read
as follows:
5-5-1: SHORT TITLE: This Chapter shall be known and nay
be cited as the "Fair Housing Ordinance of the City
of Evanston."
5-5-2: PURPOSE AND DECLARATION OF POLICY: It is hereby
declared to be the policy of the City of Evanston
and the purpose of this ordinance, in the exercise of its police
and regulatory powers for the protection of the public safety,
for the health, morals, safety, and welfare of the persons in
and residing in the City, and for the maintenance and promotion
of commerce, industry, and good government ini the City, to secure
to all persons living and/or working, or desiring to live and/or
work in the City of Evanston, an equal opportunity to view,
purchase, lease, rent, or occupy real estate without discrimina-
tion based on race, color, religion, sex, age, sexual orientation,
marital status, presence or age of children, or national origin.
5-5-3: CONSTRUCTION: This Chapter shall be construed
according to the fair import of its terms and shall f
be liberally construed to further the purposes and policy stated
in Section 5-5-2 and the special purpose of the particular ,
provision involved. j
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I 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 ordinance 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: Means the Executive Director of the Commission
or an employee of the City or the Commission
designated by the City Manager, with the
approval of the Commission.
REAL PROPERTY: Means any real estate, improved or unimproved
within the City limits, including rooming units.
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!� COMMISSION: Means the Evanston Human Relations Commission
(� established by Section 2-5-1 of the Code of the
!j City of Evanston, 1979 as amended, and 'Executive
Director of the Commission' means the person
from time to time selected by the Commission to
j act in such capacity.
DISCRIMINATION Means to make distinction in treatment of any
OR DISCRIMINATE: person because of race, color, religion, sex,
ii age, sexual orientation, marital status, presence
or age of children, or national origin.
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DWELLING UNIT: Means 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.
LEASE OR Includes and means rent, renting, assignment,
LEASING: sublease, and subletting.
LENDING Means any bank, insurance company, savings and
INSTITUTION: 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.
OWNER: Means 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
• i� 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,
�i partnerships, associations, legal representatives!
�I mutual companies, unincorporated organizations, I
trusts, trustees, trustees in bankruptcy, re-
ceivers, and fiduciaries.
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PURCHASE:. Includes any contract to purchase.
REAL ESTATE Means any person licensed as a real estate
}( BROKER: broker in accordance with the provisions of
?; Chapter 114-1/2, Illinois Revised Statutes, or
required thereby to be so licensed.
REAL ESTATE Means the purchase, sale, exchange, or lease of
TRANSACTION: any real property, and an option to do any o % the
j foregoing.
! SALE: Includes any contract to sell, exchange, or to
convey, transfer, or assign legal or equitable
title to or a beneficial interest in real pro-
perty.
CHILD: Means any person under the age of eighteen (18)
• who is a member of a family as that term defined
in Section Ill of the Evanston Zoning Ordinance. j
"AGE" Includes any person eighteen (18) years of age
'CLASSIFICATION: or older, or an emancipated mature minor as
determined under Chapter 40, Section 2201 et.seq.,
of the Illinois Revised Statute - "The Emanci-
!I pation of Mature Minors Act".
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MANAGER: Means a person who as owner or agent of the
owner or owners has the principal responsibi-
lity for the management of five or more dwell-
ing 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.
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 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 c rculated, 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 over-
charging 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 ob-
taining or making available funds for the purchase, acquisi-
tion, construction, rehabilitation, repairs, or maintenance
of any real property in the City.
(D) Change in neighborhood: Solicit or to enter into any agree-
ment 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, presence or age of children, or national origin.
(E) Inducing sales: Distribute or cause tD be distributed,
written material or statements designeJ to induce any..per�spn
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 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 resultt
in the lowering of real property values in the block,
neighborhood or area in which the property is located. !+
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;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.
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(I) Withholding housing: Represent to any person that any
real property is not available for inspection, purchase,
sale, lease, or occupancy when in fact it is so 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 area in which the
property is located.
(K) Discriminatory promotion of sales or rentals: Encourage or
discourage the sale or rental of real property because of the
race, color, 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 steering or directing
persons into or away from areas because of the 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: P,Iake 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 origin, or toward any prospective seller, purchaser,
or tenant because of the race, color, religion, sex, age,
sexual orientation, marital status, presence or age of children,
or national origin of the persons in the area in which that
property is located.
(11), Evasion: Employ any person as a salesman or agent as a means
of evading provisions of this ordinance.
(N) Providing information: Volunteer oral or written information"
about the racial composition of a neighborhood unless such
information is a factual, accurate, and actual respon�se.;,.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 ordinance as a result of a complaint
alleging a violation of this ordinance.
(P) Posting ordinance: 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.
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5-5-7: EXEMPTIONS: This ordinance shall not:
(A) Bar any religious or denominational institution or organiza-
tion, or any charitable or educational organization operated,
supervised, or controlled by or in connection with a religious
organization, from limiting living accommodations, or giving
preference with respect thereto, to persons of the same
religion or denomination.
(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 roomers exclusive
of salaried household employees living cn premises.
(C) Prohibit the operation of housing units designed and offered
predominantly for use and occupancy by persons over the age
of sixty-two (62).
(D) Bar any charitable or educational organization from limiting
to persons of the same sex the rental of living accommoda-
tions in facilities primarily providing single -room occupancy.
5-5-8: DISCRIMINATION IN LENDING: It shall be unlawful and a
violation of this ordinance for any lending institution
to discriminate in making, agreeing to make, arranging, or nego-
tiating any loan or guarantee of funds for the purpose of financing
the purchase or sale, construction, lease, rehabilitation improve-
ment, renovation, or repair of any real property, or to offer,
seek, or agree to terms, conditions, or privileges that discrimi-
nate.
5-5-9: REFUSALS TO DEAL IN LENDING: It shall be unlawful and
a violation of this ordinance for any lending institu-
tion to refuse to negotiate for, enter into, or perform any
agreement to lend or guarantee the loan of funds for the purchase,
sale, construction, lease, rehabilitation, iriprovement, renovation,
or repair of any real property because of discrimination.
5-5-10: COVERAGE: This ordinance 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 connec-
tion 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 ordinance 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 exclu-
sions other than those of race, color, religion, sex, age.,,.sexuQ
orientation, marital status, presence or age of children, or ��
national origin.
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 ordinance, 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 compensatory awards and fines and
make recommendations in accordance with the provisions of this
ordinance.
The Commission shall annually report in writing to the City
Council the actions undertaken with respect to this ordinance in
a form to be established by the Human Services Committee. Such
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i� reports shall be due on or before February 1 of each. year. In
addition, prior to February 1, 1983, the Commission shall hold
Cj public hearings and otherwise solicit community comment concerning
�! the impact of this ordinance upon the community. Such information
shall be included in the annual report due February 1, 1983.
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i The Commission shall have the power:
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f� (A) To administer oaths and take sworn testimony.
(B) 'To adopt, promulgate, amend, and rescinc rules and regula-
tions of procedure consistent with the provisions of this
ordinance.
(C) To subpoena witnesses and pertinent documents, 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 of discrimination.
5-5-12: PROCEEDINGS BEFORE COMMISSION: Froceedings under
this ordinance shall be commencec by the filing of a
complaint, within 60 days of the alleged vio-lation, with the
j 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
i� the aggrieved party or the Commission.
After the complaint is filed, the Administrator shall, within five
(5) 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 violation of this
ordinance, 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 con-
ference 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.
I If•the Administrator is unable to conciliate the complaint within
fourteen (14) days of the filing of the complaint, he shall
immediately notify the Chairman of the Commission, and the Com-
mission shall promptly hold a hearing on the complaint. t
If, in the judgment of,,the Administrator, immediate court`''action'`'
`! is necessary, he may at'any-time',direct the Corporation 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.
j Hearings by the Commission shall be conducted by any three or more
• members thereof who thereafter shall attend all adjourned hearings
of the complaint upon due and reasonable notice to all parties.
At the conclusion of the hearings, the Commission shall render a
�i written report with findings which shall be served by mail upon
the complainant and the respondent. Only those members who attend
all hearings may participate in the final determination of the
i complaint. However, to reach a decision, a majority of the hearing
members must concur in the findings. No report shall be delayed
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1� more than sixty days after the date of the first hearing unless
waived by agreement of the complainant and the respondent. Nothing
!j shall preclude a complainant from withdrawing a complaint at any
time after the filing.
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Respondents as well as complainant shall have the right to counsel
�1 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
j to allegations shall be a preponderance of evidence:
The Commission shall. be empowered at the conclusion of such pro-
ceedings, and as part of its report, to direct that any person
who shall have been found as a result of such proceedings to have
violated this ordinance to forthwith take any one or more of the
following actions:
(A) Comply with this ordinance in respect ofreach violation
found.
(B) Perform any contract or agreement previously made with or
offered by or to the complainant for sa-e, 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 reasonable out-
of-pocket expenses and costs necessaril,/ incurred and to be
incurred as a direct result of each violation found, the
1 amount of which shall be specified by the Commission in its
report and may include, but need not be limited to, reim-
bursement for expenses and costs for temporary living,
moving and storage of household furnishings, additional
expenditures relating to the lease or rental of real property
l necessarily obtained to provide alterna-ive housing accom-
modations, 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) with respect to each complaint
I filed, irrespective of the number of violations found.
(D) Pay a penal sum of not less than one hundred dollars ($100)
nor more than five hundred dollars ($500) 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
i appropriate by the Commission for the enforcement of this 4
ordinance and the elimination of violations thereof.
!M The Commission may, by written order served upon the respondent
j at any time pending final determination upon a complaint by the
( Administrator or the Commission, direct that the particular real
jproperty with respect to which a violation of this ordinance shall
I have been charged shall not be sold, leased, exchanged, trans-
ferred, conveyed or assigned to any person other than the
• complainant until such time .as the Commission shall have rendered
its final determination; provided that no such direction shall
be effective for a period in excess of one hundred twenty (120)_
days from the date on which such complaint was filed.
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Any person who has been fined, or any complainant aggrieved by
the decision of the Commission, shall have fill 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 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 ordinance,
seeking suspension or revocation of the license issued to such
broker by the State of Illinois.
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 or to seek such equitable
relief as the Commission may deem proper.
If a respondent has been found guilty of a violation of this
ordinance; 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.
After dismissal of a complaint by the Administrator, or in the
event of the refusal of the Administrator to act on a complaint,
the complaint shall be forwarded to the Commission by the Ad-
ministrator. The Commission shall review every complaint thus
filed. If a majority of the Commission determines that the
respondent has not engaged in any unlawful practice, it shall
state its findings of fact in writing and dismiss the complaint.
If a majority of the Commission determines after such review
that probable cause exists for the allegations made in the com-
plaint, the Commission shall set a date for a full hearing within
30 days.
5-5-13: PRIVATE REMEDIES: Any person aggrieved in any manner
by the violation of this ordinance who has exhausted
the remedies provided in Section 5-5-12 of this ordinance may
apply to any court of competent jurisdiction for appropriate
relief from such violation, including:
(A) An order compelling compliance with this ordinance.
(B)' An order to prohibit any person found by the court to have
violated any provision of this ordinance from the sale,
lease, exchange, transfer, conveyance, or assignment of
any real property, by any person who in violation of this
ordinance 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 ordinance and the elimi-
nation of violations thereof.
(E) These remedies shall be available notwi-hstanding the
imposition of other penalties provided by this ordinance.
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ij 5-5-14: PENALTY: Any person, firm, or corporation violating
ij the provisions of this ordinance shall be fined not
t less than one hundred dollars ($100) nor more than five hundred
# dollars ($500) for each such offense. Every day a violation
;? continues may be deemed a separate offense by appropriate
• 1 finding.
�= SECTION 2: All ordinances or portions of ordinances in conflict
with the provision of this ordinance are hereby
(i repealed.
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? SECTION 3: This ordinance shall be in full force and effect on
and after June 2, 1981 following its passage,
approval, and publication in the manner provided by law.
f? SECTION 4: This ordinance shall terminate and expire on March 1,
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j° 1983 unless renewed by the City Council of the City
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of Evanston.
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k introduced: 1981
Adopted:. 1981
Appro
1981
it ved:
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Maye
't ATTEST:
City Clerk
Approved as to form:
Cbrpopdtion Counsel
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