HomeMy WebLinkAboutORDINANCES-1969-050-O-690
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AN ORDINANCE
To add Chapter 25% to the Code of the City of
Evanston, 1957, to regulate and license real
estate brokers and prohibit discrimination in
real estate transactions, and to repeal Sections
25-46 through 25-52, inclusive, of the Code of
the City of Evanston, 1957.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That there be added to the Code of
the City of Evanston, 1957, Chapter
25% providing for the regulation and licensing of real estate
brokers and prohibiting discrimination in real estate trans-
actions. Said chapter to read as follows:
"Chapter 25%. REGULATING AND LICENSING REAL ESTATE
BROKERS AND PROHIBITING DISCRIMINATION IN REAL
ESTATE TRANSACTIONS.
"I. Title and Purpo-se,of the Ordinance.
"Section 25)-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)-2. Purpose and Declaration of Policv.
It is hereby declared to be the policy of
the City of Evanston and the purpose of this 6rdi-
nance, 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 per-
sons in and residing in the City, and for the main-
tenance 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
Ppo xrt u ti ity to,-Ourchase, lease, rent oroccupy
re a 1'e v-
tdte:..with6ut '6ivcritnination based 'on race,,
. relig.i6n or, national origin.
11&eCtion 25Y;.,-3" Construction,
•Th irdinanceshal
l be"construed according
+Prmq and shall be -liberallv + i mnmrt of itq
construed to further purposes arfd `policy s.tated,.:' .
in Section .'25V2-2 and ;the special, purpose of. the
-particular -provision :involved..-
ii.Section 25%- 4 S.everrabil-ity.,
If any -provision of, this ordinance or.. the
application thereof to -any p6frson, br circumstances is
h'eld invalid, t.h&. remainder . of . this. ' ordinance and..:
the -application- of the provi.si-on. to other persons
notsimilarlysitu
ated or .to:, circumstances .-shall
not be affected thereby.
"Section 25!,/).-5' Definitions.
For the purposes of this ordinance:
(al. 'Real Property' 'means any real estate,-.
improved or -unimproved within the city
limits:
(b) 'Board' mean$ the Evanston.Fair Housing
Review Board.
(c)'Dwelling..Unit' means. 'a foom or group of
rooms designed, or occupancy by one family
witheatinq',_sleeping and 11ving facilities.
(d) Lea s e or 1 ea-sring I includes and means
rent, rent'i.ng,-assignment,.gublease and
subletting.
'(0) 'Lending. Instituition.-I means any bank,
insurance companyo.savings and loa'h assoc-
iation, qth�r person in tfte'businoss of
lending =ney or. guaranteeing loans, any
persb.n-in the'bu'siness of,obtainingi,
arranging or negotiating loans.or guaran-
tees+ as agent. or broker; and, any person in -
the busihess• of-buying.or selling. loans or
ins.truments,for the payment of money which
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are...see.ured 'by. :tit'le"...te...or. a SWcut� ty
riterr-,es•t . in.. re�T,� estate.'
(f) Owne.rmeans a'ny".person •i Mo' ha ci.s legal or
- equitable- title: to., .•or owns any -beneficial
interest in,'' a. real property or. who. holds
l4al .or_.equitable title to. shakes. of; pr
holds. any beneficial Interest in, 'any real
" r estate cooperative which owns any real
pr�pertyl.or any person who is acting as
the agent, manager. or emp.oyee of the owner.
(g ). `t.P•erson I includes .one or :more i.nd.ividuals,.
corporations, partne,rships., associations,
.'' legal representa>tives,'.`mutual companies.,
unincorporated organi•zatons, trusts; • ..
trustees, trustees -in bankruptcy :receive•rs.
and fiduc:ia.ries..
IN 'Purchase' includes arty contract -,to .p.urcliase.:
• ; :: (i )..:' Reai .Esttate Broker' deans any .person.
censed:.:as a real; estate broker 'in :ac4ord
ance wit4. the. ,provisions of Chapter 'Z14%,
Illinois. Revised St,a.tutes or re u�red"
thereby to be so licensed. • ^ .
':RQal•. Estate• Transaction'` ,means the pu'r•-,
sale, exchange;, .Or -.-lease of .'and!
real- pfi6:perty, - and ,a:n o,pti.on to do any,.
'af .the: feregoinq...
(k )„ ::Sa .e inc1Udeas any contract tos. ,611,, ;.ex_..
change.,' or ,to._<conv.ey, ti�Y�Si.er 'or assign
' '"legal: or, equita•ble.•,-title ; -o or a" be-ie64ici�a,1
in.te ,rest .in'..,rea.i O ope 'tyr' `•
uII. 'Prohibition, of Dis-criminatcary A.c'ts ..by W11- Persons.?`,
"Section" 25 -6.: Discrimination Prohibite..6".;:.:.
No owner, lessee, or s,ub-j ess'ee of,: re.a:i:.property,
real estate 'i roker', len.der;' f:inancia]. inst.i•t'uti-on,
advertises or agent o 'any .of the 'f6regQing, `:shall -
discrimiriate .ago-inst any other person• beca.use of the
race, .,Oo.los,; re;ligiop .or ,na-:t-io.na.1 origin of•s . uch, otne�'.:
person or beca:u•se of t`he.`ra-oe.j- . co-lor., re];;i.gi,on d-r
national ;origin of the friends or associates of such
other person,:in..regard to the sale or.rental of, or
dealings co.noerning real property. Any such discrim-
ination shall,be considered an unfair_ real estate
practice.. Without limiting the foregoing, it shall
also be ah unfair real estate practice a.nd'unlawful
for any. -real estate broker of other person ;to;
(a) Advertisement
Publish or circulate, or cause to be pub-
lished or 'ci-rculated, any notice, statement.
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 ex-
presses directly or indirectly any limitation
or discrimination, or any intent to make any
such limitati.on or discrimination.
(b) Deceive or'Overcharge
Deceive, or'overcharge any person for real.
property in the city, or to make any distinc-
tion, -discrimination or restriction against
any person as to the conditions or.privileges
of any kind relating to the s-ale,' rental, . .
lease or occupancy of real property.: ..
(c) Discriminate i.n Lending
Discriminate or to participate in discrimination
in connection with°borrowing or lending money,
guaranteeing loans, accepting mortgages :or
otherwise obtaining or -making availa.b16 funds
for the* purchase, acquisition, construction,
rehabilitation, repairs or maintenance of any
real property in the.city.
(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 ground of
loss of value due to the present or prospective
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entry into any neighborhood of
persons of any particular race,
or national origin.
(e) Inducinq Sales
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any person ,,or
color, religion
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 preseht 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
listing for sale of any real.property'by repre-
senting 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 Show
Refuse to show to any person who has specified
his needs, and affirmed his ability to finance
the purchase or lease of real property, the
list or other records identifying all real
properties reasonably meeting such specifica-
tions.
W Withholdina 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 otherwise to withhold real
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property from any person because of race,
color, religion or national origin.
"Section 25%-7. Exemptions.
This ordinance shall not:
(a) Bar any religious or denominational institu-
tion 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 domestic servants.
(c) Require an owner to offer real property for
sale or lease to any person -if the owner has
reasonable cause which can be substantiated
to believe that such person is not negotiating
for the purchase or lease of such real property
in good faith, nor shall this ordinance be
deemed to prohibit owners from giving preference
to prospective tenants or buyers for any reason
other than race, color, religion or national
origin.
"III. Regulation and Licensing of Real Estate Brokers.
"Section 255-8. License Required.
It shall be unlawful for anyone to advertise,
represent, 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%-9. Applications; fee.
/v)-lication for a real estate broker's license
shall be made to the City Clerk in writing, signed by
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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 affi-
davit. The application form shall be determined by
the City Manager, and amended from time to time as
he believes advisable, and stall require such informa-
tion as he deems necessary. Any material falsehood,
misstatement or omission shall be grounds for im-
mediate revocation of the license.
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%-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 following:
(a) Make any substantial misrepresentation or
false promise likely to induce, persuade or
influence, or engage in untruthful advertising,
or pursue a continued or flagrant course of
misrepresenting or the malting 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
transaction involved is consummated or terminated.
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(e) Pay a commission or valuable consideration to
any person for acts or services performed'in,
violation of this ordinance.
(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 con-
sent of the owner or his authorized agent.
(h) Fail to promptly present to his principal any
and all offers for sal"e, 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 distribute
or -cause to be distributed written material or
statements designed -Co induce any -owner of real.
estate to sell, lease or rent his property be-
cause of any present, prospective or alleged
change in the race, .color, religion or national
origin of persons in the vicinity.
(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 ha-s access in. the course of his 'business.
(k) Circulate, advertise, display or cause to be
circulated,. advertised or displayed any conimun
ication, 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,
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color, religion or national origin of any -
prospective buyer, lessee or renter of such
property.
(1). Fail to show real estate without regard.to the
race, color, religion or national origin of
any prospective purchaser, lessee. or tenant,
and without regard to the race, color, religion
or national origin of the residents in the area
in which the property is located.
It shall be unlawful for any licensed real
estate broker to recommend, solicit or en-
courage, in any manner, any restrictions
upon the listing,.showing, sale, 'Leasing or
rental of property, or knowingly to participate
in discrimination in connection with 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, religion or national
origin.of the prospective occupant of the premises.
(m) 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 the ordinance.
(n) Cheat, exploit or overcharge any person for
residential housing accommodations.
(o) Fai.l 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%-11. Actinq Without a License.
No person shall be liable for any commission or
other compensation to any person or firm who acts as a
real estate broker -in the City of Evanston for negotiat-
ing the sale, lease or rental of real estate located in
the City of Evanston unless he is a real estate broker
licensed under this ordinance.
Any person, association, co -partnership or corpor-
ation who acts as a real estate broker in the City.of
Evanston while not validly licensed pursuant to this
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ordinance is 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!�-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. Said 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 25a-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
Is Review Act of Illinois as provided herein, from contin-
uing the operation of such real estate business until
a decision on the appeal has been rendered by the court
having jurisdiction of the cause.
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"IV. Requlation of Lending
"Section 251�-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 financing the purchase or sale, con-
struction, lease, rehabilitation, improvement, renova-
tion 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;-15. Refusals to Deal in Lendinq.
It shall be an 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
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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!/)-16. Coveraqe.
This ordinance shall apply, respectively, to
every real estate broker who, within the City, per-
forms any function as such broker but does not main-
tain an office or place of doing business within the
City; and applies to every broker and lending insti-
tution who 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 real estate broker on behalf of the
owner, from inquiring into and reporting upon qualifi-
cations 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 Housinq Review Board.
"Section 25-17. Powers and Duties of Board.
There is hereby created a Fair Housing Review
Board consisting of five persons. The Fair Housing
Review Board shall be composed of the Chairman of the
Housing Committee of the Evanston Community Relations
Commission, a real estate broker practicing in Evans-
ton who shall have been licensed by the State of
Illinois for a period of not less than five years
prior to the date of his appointment, an attorney
who shall have been admitted to practice before the
Supreme Court of Illinois for a period of not less
than five years prior to the date of his appointment,
and two 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 reappointment but may.serve
no more than two terms in succession. The Chairman of
the Housing Committee of the Evanston Community Rela-
tions Commission shall become a member of the Board
upon his appointment as Chairman of the Housing Com-
mittee and shall serve on the Board during his tenure
as Chairman of the Housing Committee. All members of
• the Board shall be residents of the City of Evanston.
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The Board shall have the following powers and duties:
(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 receive and investigate complaints alleging
unlawful real estate practices in violation of
this ordinance;
(d) To seek ccnciliation of, hold hearings on, and
render findinc.ls of fact .regarding coriiplaints
received;
(e) To subpoena witnesses and pertinent docurrients,
which power may be enforced by the Board by
proper petition to any court of competent
jurisdiction.
Any person aggrieved in any manner by any
violation of any provision of this ordinance may,
within sixty days after the date of the alleged
violation, file a written complaint setting forth his
grievance with the Fair Housing Review Board, Said
complaint shall state the name and address of the
complainant and of the persons against whom the com-
plaint is brought and shall also state the alleged
facts surrounding the alleged violation of this
ordinance.
Said Board is hereby fully authorized to in-
vestigate immediately every such complaint thus filed.
If the Board determined that the .respondent has not
engaged in any unlawful practice, it shall state its
findings of fact in writing and dismiss the complaint.
If ,the Board determined after such investigation that
probable cause exists for the allegations made in the
complain;:-, the Board shall set a date for a conciliation
hearing. At such hearing, the Board or any member there-
of shall interview the complainant and the person or
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persons- against whom the complaint has been directed
and, -shall attempt to resolve the complaint by all
proper methods of conciliation and persuasion. If
such attempts at.conciliation are not successful
within sixty days after the date of filing of the
complaint, the Board shall then proceed promptly with
full hearings of the complaint.
Such hearing shall be conducted by the Board
or any three members thereof, 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. No report shall be
delayed more than sixty days after the date of the
issuance of notice for commencement of the first
hearing.
The,Board shall'be empowered at the conclusion
of such proceedings and as part of its report, to
suspend or revoke, for a period not to exceed one year,
the license of any broker licensed by the City of Evans-
ton who shall have been a respondent to any proceedings
thus filed and found guilty of violation of any appli-
cable 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 from such order of
suspension or revocation in accordance 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�su�spension or revocation of the license issued
to ;-such. broker by the State of Illinois.
I.n,'a case not involving a real estate broker,
t.he.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.
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The Board may request the City Manager or
the Chairman of the Community Relations Commission
to make available such staff assistance as may be
required to carry out its duties under this ordinance.
"VII. Enforcement Procedures.
"Section 25%-18. Private Remedies.
Any person aggrieved in any manner by the
violation of this ordinance who has exhausted the
remedies provided in Section 25%-17 of this ordi-
nance may apply to any court of competent juris-
diction 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 elimination of
violations hereof.
These remedies shall be available notwithstanding
the imposition of other penalties provided by this
ordinance.
"Section 25'5-19. Penalty.
Any person, firm or corporation violating
the provisions of this ordinance shall be fined not.
less than twenty-five dollars ($25.00) nor more than
five hundred dollars ($500.00) for each such offense.
Every day a violation continues shall be deemed a
separate offense."
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SECTION 2: Sections 25-46 through 25-52, inclusive,
of the Code of the City of Evanston,
1957, be and they 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 June 30 1965
ADOPTED July 14 196r)
ATTEST:
'Js/ Maurice F. Brown
City Clerk
Approved as to form:
/s/ Jack M. Siegel
Corporation Counsel
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APPROVED .. July 14 , 196g
/s/ John D. Emery
Mayor