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Home My WebLink AboutORDINANCES-1981-054-O-815/28/81 54-0-81 AN ORDINANCE Amending Section 5-5-5 and Section 5-5-12 of • the Fair Housing Ordinance (17-0-81) WHEREAS, the Evanston Housing Commission in public meeting of May 14, 1981 considered certain amendments to the "Fair.Housing Ordinance" (17-0-81) and; WHEREAS, the Evanston Housing Commission has recommended that certain amendments are required for the public good. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF j EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 5-5-5 of the "Fair Housing Ordinance" i j Title 5 Chapter 5 be and is further amended by I adding after "AGE CLASSIFICATION" and before "MANAGER" the following: I SEXUAL ORIENTATION: "State of heterosexuality, homosexuality, or bisexuality by or between persons of age." SECTION 2: That Section 5-5-12 of the FAIR HOUSING ORDINANCE Title 5 Chapter 5 be and hereby is further amended to read as follows: 5-5-12: PROCEEDINGS BEFORE COMMISSION: Proceedings under this ordinance shall be commenced by the filing of a complaint, within 60 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, and the chairman or the Commission member designated by the chairman to attend such matters in the chairman's absence. i 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 j 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 conference the Administrator shall inter- view the complainant and the person or persons against whom the complaint has been directed, and shall attempt to resolve the complaint by conciliation. 54-0-81 5/28/81 If the Administrator is unable to conciliate the complaint ii within fourteen (14) days of the filing of. the complaint, he shall immediately notify the Chairman of the Commission, and the Commission shall promptly hold a hearing on.the complaint. If the Administrator determines that a complaint is without merit, he shall dismiss the complaint. The Administrator �I shall, within five (5) days of such determination serve a +� copy of the Notice of Dismissal, and reasons therefor, per- sonally or by certified mail.on all parties and the Commission. The complainant may within fourteen (14) days of the receipt j of Notice of Dismissal petition in writing the Commission and request a hearing on the complaint. The Commission, by j majority vote, may withdraw the dismissal and refer the com- plaint to the Administrator for conciliation and/or hearing jf I! as necessary. I If, in the judgment of the Administrator, immediate court i! action is necessary; he may at any time direct the Corporation !! Counsel to file a complaint in any court of competent juris- diction for a fine, injunction, or other appropriate relief. Such action may be taken even though administrative hearings !j of the complaint are still pending before the Administrator or the Commission. Hearings by the Commission shall be conducted by any five or ! more members thereof five of whom shall thereafi;er 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 written report with findings which i' 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 complaint. However, to reach a decision, -a majority of five (5) of the hearing members must concur in the findings. No report shall be delayed more than j; sixty days after the date of the first hearing unless waived ! by agreement of the complainant and the respondent. 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 re- gulations 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 shall be a pre- ponderence 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 such pro- ceedings to have violated this ordinance to forthwith take any one or more of the following actions: (A) Comply with this ordinance in respect of 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 vio- lation shall have been found. WAI 54-0-81 5/28/81 (C) 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 fur- nishings, additional expenditures relating to the lease l; or rental of real property necessarily obtained to pro- vide alternative housing accomodations, additional ex- penditures resulting from failure or refusal to sub- lease or assign leased real property; and reasonable attorneys' fees and disbursements; provided that no such reimbursement by any respondent shall exceed the the sum of five hundred dollars ($500) 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) nor more -then five hundred dollars ($500) for each violation found. Every day a violation continues may be deemed a separate offense by appropriate find- ing. (E) Comply with such other and further relief as may be deemed appropriate by the Commission for the enforcement of this ordinance and the elimination of violations thereof. !i 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 ordi- nance 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; 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 com- plaint was filed. 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; pro- vided, 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 Edu- cation 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. -3- • 54-0-81 5/28/81 If a respondent has been found guilty of a.violation of this ordinance, in accordance with the procedures specified here- in, the determination of the nature and extent of the penalty shall be vested in a majority of the entire Commission. SECTION 3: All ordinances or portions of ordinances in conflict with the provision of this ordinance are hereby re- pealed. SECTION 4 This ordinance shall be in full force and effect from and after its passage, approval and publi- cation in the manner provided by law. Introduced / Adopted ATTEST: i City Clerk Approved as to form • , 1981 , 1981 Approved f , 1981 Mayor ;�J/orpAti Counsel -4-