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HomeMy WebLinkAboutORDINANCES-1970-027-O-70• 30 y 27-0-70 AN ORDINANCE Amended 5-18-70 rr 6-1 -70 u 6-29--70 To Amend Chapter 25-1/2 of the Code of the City of Evanston, 1957, Regulating and Licensing Real Estate Brokers and Prohibiting Discrimination in Real Estate Transactions. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Chapter 25-1/2 of the Code of the City of Evanston, 1957, providing for the regulation and licensing of real estate brokers and prohibiting discrimination in real estate transactions, is hereby amended to read as follows: "Chapter 25-1/2. REGULATING AND LICENSING REAL ESTATE BROKERS AND PROHIBITING DISCRIMINATION IN REAL ESTATE TRANSACTIONS. "I. Title and Purpose of the Ordinance. "Section 25-1/2-1. Short Title. This ordinance shall be known and may be cited as the Fair Housing Ordinance of the City of Evanston, Illinois. "Section 25-1/2-2. Purpose and Declaration of Policv. 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 in 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 purchase, lease, rent, or occupy real estate without discrimination based on race, color, religion, or national origin. "Section 25-1/2-3. Construction. This ordinance 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 25-1/2-2 and the special purpose of the particular provision involved. • "Section 2��1/24. Severabili.ty. If any provision of this ordinance or the appli- cation thereof to any person or circumstances is held invalid, the remainder of this ordinance and the application of the provision to other persons not simi- larly situated or to other circumstances shall not be affected thereby. "Section 25-1/2-5. Definitions. For the purposes of this ordinance: (a) 'Administrator' shall be an employee of the City under the City Manager's supervision. The Administrator shall be designated by the City Manager, subject to the approval of the Fair Housing Review Board. (b) 'Real Property' means any real estate, improved or unimproved within the city limits, including rooming units. • (c) 'Board' means the Evanston Fair Housing Review Board. (d) 'Discriminate' means to make distinction in treat- ment of any person because of race, color, re- ligion, or national origin. (e) '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. (f) 'Lease' or 'leasing' includes and means rent, renting, assignment, sublease, and subletting. (g) 'Lending Institution' means 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, • -2- 1k 30 4 • 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. (h) '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 interest in, any real estate cooperative which owns any real prop- erty, or any person who is acting as the agent, manager, or employee of the owner. (i) 'Person' includes one or more individuals, cor- • porations, partnerships, associations, legal representatives, mutual companies, unincorpor- ated organizations, trusts, trustees, trustees in bankruptcy, receivers, and fiduciaries. (j) 'Purchase' includes any contract to purchase. (k) "Real Estate Broker' means 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. (1) 'Real Estate Transaction' means the purchase, sale, exchange, or lease of any real property, and an option to do any of the foregoing. -3- • • (m) "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. "II. Prohibition of Discriminatory Acts by all Persons. , "Section 25-1/2-6. Discrimination Prohibited. No owner, lessee, or sub -lease of real property, real estate broker, lender, financial institution, advertiser, or agent of any of the foregai.ng, shall discriminate against any other person because of the race, color, religion, or national origin of such other person or because of the race, color, religion, or nat- ional origin of the friends or associates of such other person, in regard to the sale or rental of, or dealings concerning real property. Any such discrimination shall• be considered an unfair real estate practice. Without limiting the foregoing, it shall also be an unfair real estate practice and unlawful for any real estate broker or other person to: (a) Advertisement Publish or circulate, or cause to be published or circulated, any notice, statement, or adver- tisement, 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 v 'J • property, which expresses directly or indirectly any limitation or discrimination, or any intent to make any such limitation or discrimination. (b) Deceive or Overcharge Deceive, or overcharge any person for real prop- erty in the City, or to make any distinction, discrimination, 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 Lendinq 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 Neiqhborhood 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 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, or national origin. . ''► 07 Y property, which expresses directly or indirectly any limitation or discrimination, or any intent to make any such limitation or discrimination. (b) Deceive or Overcharge Deceive, or overcharge any person for real prop- erty in the City, or to make any distinction, discrimination, 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 Lendinq '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 Neiqhborhood 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 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, or national origin. • 308 • (e) Inducing Sales Distribute or cause to be distributed, written material or statements designed to induce any owner of any real property in the City to sell or lease his or her real property because of any present or prospective change in the race, color, religion, or national origin of persons in the neighborhood. (f) Misrepresentation Make any misrepresentations concerning the list- ing 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 list- ing for sale of any real property by representing • that the presence or anticipated presence of persons of any particular race, color, religion, 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, or national origin. (h) Refusal to ShowRecords 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. • age • (i) Withholdinq Housinq 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 other- wise to withhold real property from any person because of race, color, religion or national origin. (j) Refusal to Show Real Estate Refuse to show real.estate because of: the, race, color, religions or national orisin of any prosi e.c- tive purchaser., le.ss.ees_ or tenant, or because of the race, color, religions or -national oriain.of the residents in the area in which the property is located. "Section 25-1/2-7. Exemptions. • This ordinance 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 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 on premises. 0 -7- 0 d .i "III. Requlation and Licensinq of Real Estate Brokers,. "Section 25-1/2-8. License Required. It shall be unlawful for anyone to advertise, repre- sent, hold himself out as, engage in the business of, or act in any manner as a real estate broker in the City of Evanston, without having first obtained a State of Illinois real estate broker's license and an annual city license for that purpose as provided herein. Each such license shall expire at midnight on December 31 of the calendar year in which it is issued. "Section 25-1/2-9. Applications: fee. Application for real estate broker's license shall be made to the City Collector in writing, signed by the applicant if an individual, by a duly authorized partner if a partnership, by a duly authorized member if an association, or by a duly authorized officer thereof if a corporation, verified by oath or affidavit. The application form shall be determined by the City Manager, and amended from time to time as he believes advisable, and shall require such information as he deems necessary. Any material falsehood, misstatement or omission shall be grounds for immediate revocation of the license. Each real estate broker shall be required to main- tain records relat-ve to the-our)oses and ;policies of this Ordinance, develo.,pe6 by the City F�Iianacer anci_:ap roved 1y ctivtiesthe City council�ertaiira=in the City of Evanston, in the rental or sale of property. Such records shall be open -8- 3i 1 • for inspection by designated City representatives at any time during regular business hours. Each broker shall be required to furnish information from said re- cords in the form required as a part of the annual li- cense application. Real estate brokers are required to begin maintenance of.such records from and after August 1, 1970, and are required to supply such information as.a part of their license applications beginning with the .1972 license year. Thereafter, each annual license application shall require information covering the pre- vious calendar year. Each application shall be accompanied by a sworn statement by each salesman working for the applicant certifying that said salesman will comply in all respects • with the provisions of this ordinance and the laws of the State of Illinois. Each broker licensed under the pro- visions of this ordinance shall submit additional sworn statements executed by any new salesman he employs not later than 30 days after the date of the initial employ- ment of such salesman. The annual fee for a real estate broker's license shall be ten dollars ($10.00). No license shall be issued for a sum less than the full amount of the annual license fee. "Section 25-1/2-10. Standards of Conduct. It shall be unlawful --for any real estate broker, acting with respect to Evanston real estate, to do any of the 31? • following; (a) Make any substantial misrepresentation or false promise likely to induce, presuade, or influence or engage in untruthful advertising, or pursue a continued or flagrant course of misrepresenting or the making of false promises, through agents or salesmen or otherwise. (b) Act for more than one party in a transaction without the knowledge of all parties to the transaction. (c) Fail to furnish copies, upon request, of all documents for which the broker is professionally responsible relating to a real estate transaction to all parties executing the same, or fail to • account for or to remit any moneys or documents coming into his possession which belong to others. (d) Fail to maintain and deposit in a special account, separate and apart from his personal or other business accounts, all moneys belonging to others entrusted to him while acting as a real estate broker, or as escrow agent, or as the temporary custodian of the funds of others, until the trans- action involved is consummated or terminated. (e) Pay a commission or valuable consideration to any person for acts or services performed in violation of this ordinance. • S 3i3 • (f) Employ any person as a salesman or agent as a • means of evading provisions of this ordinance. (g) Display a 'for rent' or 'for sale' sign on any property without the written consent of the owner or his duly authorized agent, or advertise that any property is for sale or for rent in a newspaper or other publication without the consent of the owner or his authorized agent. (h) Fail to promptly present to his principal any and all offers for sale, lease, or rental of real estate; or set the price, terms, conditions, or privileges of any kind relating to the sale, lease, rental, financing, repair, rehabilitation, construction, maintenance, or occupancy of real estate. (i) Solicit for sale, lease, or rental, real estate on the grounds of loss of value due to the present, prospective, or alleged entry into the vicinity of any person or persons of any particular race, color, religion, or national origin, or distri- bute or cause to be distributed written material or statements designed to induce any owner of real estate to sell, lease, or rent his property because of any present, prospective, or alleged change in the race color, religion, or national origin of persons in the vicinity. 314 i 4 (j) Refuse to show to any person who has specified his needs the list or other records identifying all properties reasonably meeting such needs which the broker is offering, including those on any multiple listing of real estate to which he has access in the course of his business. (k) Circulate, advertise, display or cause to be circulated, advertised, or displayed any communi- cation, notice, advertisement, or sign relating to the sale, rental, or leasing of any real property which will indicate or express any limitation in the sale, rental, or leasing of such real estate predicated upon the race, color, religion,.or • national origin of any prospective buyer, lessee, or renter of such property. (1) Fail to show real estate because of the race, color, religion, or national origin of any prospective purchaser, lessee, or tenant, or because of the race, color, religion, or national origin of the residents in the area in which the property is located. (m) .,ecommend, solicit, or encourage, in any manner, any restrictions upon the listing, showing, sale, leasing, or rental of property, or knowingly to participate in discrimination in connection with • -12- 315 • borrowing or lending money or in any other activities relative to the financing for the acquisition, construction or improvement of real estate because of the race, color, relig- ion, or national origin of the prospective -- occupant of the premises. (n� Fai.1, within a reasonable time, to provide in- formation requested by the person charged with enforcement of this ordinance as a result of a complaint alleging a violation of the ordinance. Cheat, exploit, or overcharge any person, for residential housing accommodations. Fail to post in a prominent place available for observation by the public in each of his -business establishments the broker's license issued under the provisions of this ordinance. "Section 25-1/2-11. Actinq Without a License. No person shall be liable for any commission or other compensation to any other person or firm who acts as a real estate broker in the City of Evanston for negotiating the sale, lease, or rental of real estate located in the City of Evanston unless such other person or firm is a real estate broker licensed under this ordinance. Any person, association, co -partnership, or corporation who acts as a real estate broker in the City of Evanston while not validly licensed pursuant to this ordinance is -13- 3i G guilty" -of -a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and every day that a violation of this ordinance shall occur shall constitute a separate and distinct offense. "Section 25-1/2-12. Grantinq a License. The applicant shall be entitled to the issuance of a real estate broker's license upon the payment of the license fee hereinabove provided. S:.id license shall be renewed annually, provided that said broker shall not have had his State or City license revoked for violation of this ordinance or the statutes of the State of Illinois. "Section 25-1/2-13. Continuation of Business. Nothing contained herein shall prevent a broker whose license has been suspended or revoked, and who has filed an appeal in accordance with the Administrative Review Act of Illinois as provided herein, from continuing the operation of such real estate business until a decision on the appeal has been rendered by the court having jurisdiction of the cause. "IV. Requlation of Lending "Section 25-1/2-14. Discrimination in Lendinq. It shall be an unlawful real estate practice and a violation of this ordinance for any lending institution, in making, agreeing to make, arranging, or negotiating any loan or guarantee of funds for the purpose of 0 -14- 0 financing the purchase or sale, construction, lease, rehabilitation, improvement, renovation, or repair of any real property, to offer, seek, or agree to terms, conditions, or privileges that discriminate between persons because of race, color, religion, or national origin. "Section 25-1/2-15. Refusals to Deal in Lendinq. It shall be unlawful real estate practice and a violation of this ordinance for any lending institution 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, improvement, renovation, or repair of any real property • because of the race, color, religion, or national origin of any party to such agreement or of any member of the family of any such party, or of the residents of the area in which such real property is located. "V. Scope of Requlation. "Section 25-1/2-16. Coverage. This ordinance shall apply, respectively, to every real estate broker who, within the City, performs any function as such broker but does not maintain an office or place of doing business within the City; and applies to every broker and lending institution who maintains an of- fice or place of doing business within the City; provided, however, that the provisions of this ordinance shall not • -15- 3A.A • be so construed as to prohibit a real estate broker on behalf of the owner, from inquiring into and reporting upon qualifications of any prospective buyer or tenant with respect to limitations or exclusions other than those of race, color, religion, or national origin. "VI. Evanston Fair Housina Review Board. "Section 25-1/2-17. Powers and Duties of Board. There is hereby created a Fair Housing Review Board consisting of seven persons. The Fair Housing Review Board shall be composed of a member of the Evanston Human Rela- tions Commission, a real estate broker practicing in Evan- ston who shall have been licensed by the State of Illinois, an attorney who shall have been admitted to practice before is the Supreme Court of Illinois, and four members at large. The real estate broker, attorney, and members at large herein designated shall be appointed by the Mayor with the consent of the City Council, and they shall serve for a term of three years. They shall be eligible for reappoint- ment but may serve no more than two terms in succession. The member of the Evanston Human Relations Commission who is to serve on the Fair Housing Review Board shall be designated by the Commission and shall serve until replaced by the Commission. All members of the Board shall be Residents of the City of Evanston. -16- • 3.j s It shall be the duty of the Board to receive and investigate complaints charging discrimination; and seek conciliation of such complaints, seek compliance by viola- tors, hold hearings, make findings of fact and recommenda- tions in accordance with the provisions of this ordinance. The Board shall have the power: (a) to administer oaths and take sworn testimony; (b) to adopt, promulgate, amend and rescind rules and regulations of procedure consistent with the provisions of this ordinance; (c) to subpoena witnesses and pertinent documents, which power may be enforced by the Board 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. Proceedings under this section shall be commenced by the filing of a complaint, within 60 days of the alleged violation, with the Administrator. The complaint shall contain a short and plain statement describing the griev- ance alleged, the name and address of the person charged, and shall be signed by the aggrieved party or Human Relations Commission. -17- • • After the complaint is filed with the Administrator, 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 Board. If the Administrator determines that the allegations, as stated in the complaint, if true, would constitute a violation of the 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 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 fourteen (14) days of the filing of the complaint, he shall immediately notify the Chairman of the Board, and the Board shall promptly hold a hearing on the complaint. 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 J'0 J21 administrative hearings of th.e complaint are still pending before the Administrator or the Board. Such hearing shall be conducted by any five or more members of the Board 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 Board shall render a written report with findings which shall be served by mail upon the complainant and the respondent. Only those members who attended all hearings may participate in the final determination of the complaint. However, to reach a decision, a majority of the hearing members must concur in the findings. 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. Nothing shall pre- clude a complainant from withdrawing a complaint at any time after the filing. The Board shall be empowered at the conclusion of such proceedings, and as part of its report, to suspend or re- voke, for a period not to exceed one year, the license of any broker licensed by the City of Evanston who shall have been a respondent to any proceedings thus filed and found guilty of violation of any applicable provision of the within ordinance. Any broker whose license has been suspended or revoked, or any complainant aggrieved by the decision -of the Board, shall have full right to appeal • -19- • from such order of suspension of revocation in accord- ance with procedures specified in the Administrative Review Act of Illinois. The order of the Board shall be final. It shall serve a copy thereof upon the respondent, and any appeal may be taken thereafter. In addition thereto, the Board 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 Board may direct the Corporation Counsel of • the City to commence action in any court of competent jurisdiction to recover the penalty provided herein or to seek such equitable relief as the Board may deem proper. If a respondent has been found guilty of a viola- tion of this ordinance, in accordance with the procedures specified herein, the determination of the nature and extent of the penalty shall be vested in the entire Board. After dismissal of a complaint by the Administra- tor, or in the event of the refusal of the Administrator to act on a complaint, the complaint shall be forwarded to the Fair Housing Review Board by the Administrator. • - 20- 3 3 • The Board shall review P�,ey,l complaint thus filed. If a majority of the Board 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 Board determines after such review that probable cause exists for the allegations made in the complaint, the Board shall set a date for a full hearing within 30 days. "VII. Enforcement Procedures. "Section 25-1/2-18. Private Remedies. Any person aggrieved in any manner by the violation of this ordinance who has exhausted the remedies provided in Section 25-1/2-17 of this ordinance may apply to any • court of competent jurisdiction for appropriate relief from such violation, including: (a) an order compelling compllance 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; -21- 3 :2 4 • • (d) such other and further relief as may seem appropriate to the court for the enforcement of this ordinance and the elimination of violations hereof. These remedies shall be available notwithstanding the imposition of other penalties provided by this ordinance. "Section 25-1/2-19. Penalty. Any person, firm or corporation violating the pro- visions of this ordinance 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 shall be deemed a separate offense." SECTION 2: All ordinances or portions of ordi- nances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced May 18 , 1970 Adopted June 29 . 1970 Approved July 2 , 1970 ATTEST: /s/ Peter D. Jans Acting Mayor /s/ Maurice F. Brown City Clerk Approved as to form: /s/ Jack M. Siegel Corporation Counsel -2).- Published: July 13, 1970 Code Page: 296Ia •