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HomeMy WebLinkAboutAmended City Code Title 5 Chapter 5 Fair Housing Ordinance8/8/2022 10/11/2022 79-O-22 AN ORDINANCE Amending City Code Title 5, Chapter 5 “Fair Housing Ordinance” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Title 5, Chapter 5 “Fair Housing Ordinance” of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: 5-5-1. SHORT TITLE. This Chapter shall be known and may 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 and the purpose of this Chapter, 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, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status, or national origin of any individual, covered criminal history, or actual or perceived status as a victim of domestic violence. 5-5-3. CONSTRUCTION. This Chapter 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 2 of this chapter and the special purpose of the particular provision involved. 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 Chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. ~1~ Page 1 of 18 Doc ID: 605a439126cb74d329f4957d36620264335bf709 79-O-22 ~2~ 5-5-5. DEFINITIONS. For the purpose of this Chapter: AGE CLASSIFICATION. Includes any person eighteen (18) years of age or older, or an emancipated mature minor as determined under 750 Illinois Compiled Statutes 30/1 et seq., "The Emancipation of Mature Minors Act." BUSINESS DAY. Any day except Saturday, Sunday, or any day which is a federal or State of Illinois legal holiday. CHILD. Any person under the age of eighteen (18) who is a member of a family as that term is defined in Section 6-18-3 of this Code. CONVICTION. A judgment of liability entered upon a plea, verdict or finding of guilt for an offense, rendered by a legally constituted jury, court or administrative authority of competent jurisdiction. Conviction excludes any “juvenile record” as defined below. COVERED CRIMINAL HISTORY. Information regarding an individual’s arrest, charge or citation for an offense; participation in a diversion or deferral of judgment program; record of an offense that has been sealed, expunged, or pardoned in accordance with applicable law; juvenile record; and conviction COVERED MULTIFAMILY DWELLING. For the purposes of this Chapter, the term "covered multi-family dwelling" applies only to newly constructed dwellings as defined in Subsection 6(W)2(c), and shall consist of: (A) Any dwelling containing four (4) or more living units if such building has an elevator, and (B) Ground floor units of other buildings consisting of four (4) or more units that do not contain an elevator. (Ord. No. 100-0-93) DEMONSTRABLE RISK. The likelihood of harm to other residents’ personal safety and/or likelihood of serious damage to the property. When the applicant is a personal with a disability, “demonstrable risk” must be based on (a) objective evidence and (b) a conclusion that any purported risk cannot be reduced or eliminated by a reasonable accommodation. DISABILITY. With respect to a person: (A) A physical or mental impairment which substantially limits one or more of such person's major life activities; (B) A record of having such an impairment; or (C) Being regarded as having such an impairment, but such term does not include current, illegal use of or addition to a controlled substance (as defined in section 102 of the Controlled Substances Act 21 U.S.C. 802). DISCRIMINATION. To make distinction in treatment of any person because of race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin Page 2 of 18 Doc ID: 605a439126cb74d329f4957d36620264335bf709 79-O-22 ~3~ of an individual. (Ord. No. 34-0-92; Ord. No. 26-O-14) DOMESTIC VIOLENCE "Abuse" as defined in Section 103 of the Illinois Domestic Violence Act of 1986 by a "family or household member" as defined in Section 103 of the Illinois Domestic Violence Act of 1986 DWELLING UNIT. 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, Title 6 of this Code. Dwelling unit shall include any vacant land which is offered for sale or lease, for the construction or location thereon of any structure or building for occupancy as a residence for one or more persons. The term "existing dwelling unit" as used in Subsection 6(V)2(a) of the Evanston Fair Housing Ordinance shall include the interior or exterior spaces, parts, components or elements of a building, including individual dwelling units and the public and common use areas of the building. (Ord. No. 100-0-93) EVIDENCE OF REHABILITATION. Any information produced by the individual, or produced on their behalf, with respect to their rehabilitation or good conduct, including but not limited to: the individual’s satisfactory compliance with all terms and conditions of his or her sentence; court-issued certificates of good conduct; employer recommendations; educational attainment or vocational or professional training since the conviction; completion or active participation in rehabilitative treatment; and letters of recommendation from community organizations, counselors or case managers, teachers, community leaders, religious institutions or leaders, or parole/probation officers who have observed the individual since his or her conviction. FAMILIAL STATUS. Refers to whether a household includes one or more individuals (who have not attained the age of 18 years) domiciled with: (A) A parent or another person having legal custody of such individual or individuals; or (B) The designee of such parent or other person having such custody, with the written permission of such parent or other person. The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. GENDER IDENTITY. A person's actual or perceived gender, including a person's gender identity, self-image, appearance, expression, or behavior, whether or not that gender identity, self-image, appearance, expression, or behavior is different from that traditionally associated with the person's sex at birth as being either female or male INDIVIDUALIZED A process by which a person considers all factors relevant to an Page 3 of 18 Doc ID: 605a439126cb74d329f4957d36620264335bf709 79-O-22 ~4~ ASSESSMENT. individual’s conviction history and whether that history negatively impacts the individual’s ability to fulfill the responsibilities of tenancy, including but not limited to: (1) The nature, severity, and recency of the conduct underlying the individual’s specific conviction(s); (2) The nature of the individual’s sentencing; (3) The number of the individual’s convictions; (4) The length of time that has passed following the individual’s most recent conviction; (5) The age of the individual at the time of the most recent conviction; (6) Evidence of rehabilitation; and (7) The individual’s tenant history before and/or after the conviction (8) Whether the criminal conviction(s) was related to or a product of the applicant’s disability; and (9) If the applicant is a person with a disability, whether any reasonable accommodation could be provided to ameliorate any purported demonstrable risk. JUVENILE RECORD. Juvenile court records, as defined in 705 ILCS 405/1-3(8.1) or comparable state law, and juvenile law enforcement records, as defined in 705 ILCS 405/1-3(3.2) or comparable state law. LEASE or LEASING. Includes and means rent, renting, assignment, sublease and subletting. LENDING INSTITUTION. 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, 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. MANAGER. A person who as owner or agent of the owner or owners has the principal responsibility for the management of five (5) or more dwelling 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. OFFENSE. A violation of any penal statute, ordinance, law, or code of any jurisdiction. OWNER. 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 property or any person who is acting as the agent, manager or employee of the Page 4 of 18 Doc ID: 605a439126cb74d329f4957d36620264335bf709 79-O-22 ~5~ owner. PERSON.Includes one or more individuals, corporations, partnerships, associations, legal representatives, mutual companies, joint stock companies, labor organizations, unincorporated organizations, trusts, trustees, trustees in bankruptcy, receivers and fiduciaries. PURCHASE. Includes any contract to purchase. REAL ESTATE BROKER. Any person licensed as a real estate broker in accordance with the provisions of 225 ILCS 455/1, or required thereby to be so licensed. REAL ESTATE TRANSACTION. The purchase, sale, exchange, or lease lease, sublease, or lease renewal of any real property and an option to do any of the foregoing. REAL PROPERTY. Any real estate, improved or unimproved, within the City limits, including rooming units. 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. RELEVANCE. The degree to which an individual’s conviction history makes it likely that the applicant poses a demonstrable risk to the personal safety and/or property of others SEXUAL HARASSMENT. Any unwelcome sexual advances or requests for sexual favors or conduct of a sexual nature when (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s housing; or (b) submission to or rejection of such conduct by an individual is used as the basis for any housing decision affecting the individual; or (c) such conduct has the purpose or effect of substantially interfering with an individual’s housing rights or creating an intimidating, hostile or offensive housing environment. SEXUAL ORIENTATION. Refers to having or being perceived as having emotional, physical, or sexual attachment to another without regard to the sex of that person or having or being perceived as having an orientation for such an attachment, or having or being perceived as having a self- image or identity not traditionally associated with one's biological maleness or femaleness. "Sexual orientation" does not include a physical or sexual attachment to children by an adult. SOURCE OF INCOME. The lawful manner by which an individual supports himself or herself and his or her dependents. (Ord. No. 26-O-14) STEERING. To encourage or discourage the sale or rental of real property because of the race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of the individual and/or 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 Page 5 of 18 Doc ID: 605a439126cb74d329f4957d36620264335bf709 79-O-22 ~6~ because of race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of the individual and/or persons in the area or purported to be moving into the area. (Ord. No. 100-0-93; Ord. No. 26-O-14) TENANT SELECTION CRITERIA. The criteria, standards and/or policies used to evaluate whether an applicant qualifies for admission to occupancy or continued residency. The criteria, standards, and/or policies shall apply only after a housing applicant has been pre-qualified. The criteria must explain how applicants’ criminal conviction history from the previous three (3) years will be evaluated to determine whether their conviction history poses a demonstrable risk to personal safety or property. 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 race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status, or national origin of the friends or associates of such person, covered criminal history, or actual or perceived status as a victim of domestic violence) in regard to the sale or rental of or dealings concerning real property. "Sexual orientation" is defined as: having or perceived as having emotional, physical, or sexual attachment to another without regard to the sex of that person or having or being perceived as having an orientation for such an attachment, or having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness. "Sexual orientation" does not include a physical or sexual attachment to children by an adult. "Gender identity" is defined as: a person's actual or perceived gender, including a person's gender identity, self-image, appearance, expression, or behavior, whether or not that gender identity, self-image, appearance, expression, or behavior is different from that traditionally associated with the person's sex at birth as being either female or male. 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 Page 6 of 18 Doc ID: 605a439126cb74d329f4957d36620264335bf709