Chapter 58 - HUMAN RELATIONS

Transcription

1 ARTICLE I. - IN GENERAL ARTICLE II. - EQUAL HOUSING Chapter 58 - HUMAN RELATIONS Secs Reserved. ARTICLE I. - IN GENERAL Secs RESERVED. 491 Code of Ordinanances 2013, Rochelle, IL

2 Chapter 58 Human Relations Sec Declaration of policy. Sec Definitions. Sec Unlawful practices. Sec Exemptions. Sec Complaint procedure. Sec Additional remedies. Sec Penalty. ARTICLE II. - EQUAL HOUSING Sec DECLARATION OF POLICY. It is declared to be the policy of the city in the exercise of its police power for the public safety, public health, and general welfare to assure equal opportunity to all persons to live in decent housing facilities regardless of race, color, religion, national origin, ancestry, age, sex, marital status, handicap, military status, or unfavorable discharge from military service as those terms are defined in 775 ILCS 5/1-103, and familial status, as defined in 775 ILCS 5/3-101(E), and, to that end, to prohibit discrimination in housing by any persons. (Code 1996, ) Sec DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Discrimination or discriminatory housing practice means any difference in treatment based upon race, color, religion, national origin, ancestry, age, sex, marital status, handicap, military status, or unfavorable discharge from military service as those terms are defined in 775 ILCS 5/1-103, and familial status, as defined in 775 ILCS 5/3-101(E), or any act that is unlawful under this article. Financial institution includes any bank, credit union, insurance company, mortgage banking company or savings and loan association which operates or has a place of business in this state. Housing accommodation or dwelling means any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one or more individuals. Mortgage broker means an individual who is engaged in or who performs the business or services of a mortgage broker as the same are defined by statutes. Open market means the market which is informed of the availability for sale, purchase, rental or lease of any housing accommodation, whether informed through a real estate broker or by advertising by publication, signs or by any other advertising methods directed to the public or any portion thereof, indicating that the property is available for sale, purchase, rental or lease. Owner includes a lessee, sublessee, cotenant, assignee, managing agent or other person having the right of ownership or possession, or the right to sell, rent or lease any housing accommodation. Person includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations. 492

3 Human Relations Chapter 58 Real estate broker or real estate salesman means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these. Real property includes buildings, structures, lands, tenements, leaseholds, cooperatives and condominiums. (Code 1996, ) Sec UNLAWFUL PRACTICES. In connection with any of the transactions set forth in this section which affect any housing accommodation on the open market, or in connection with any public sale, purchase, rental or lease of any housing accommodation, it shall be unlawful within the city for a person, owner, financial institution, real estate broker or real estate salesman, or any representative of the above, to, on account of race, color, religion, national origin, ancestry, age, sex, marital status, handicap, military status, or unfavorable discharge from military service as those terms are defined in 775 ILCS 5/1-103, and familial status, as defined in 775 ILCS 5/3-101(E): (1) To refuse to sell, purchase, rent or lease, or deny to or withhold any housing accommodation from a person; (2) To discriminate against a person in the terms, conditions or privileges of the sale, purchase, rental or lease of any housing accommodation, or in the furnishing of facilities of services in connection therewith; (3) To refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from or to a person; (4) To represent to a person that any housing is not available for inspection, sale, purchase, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation; (5) To make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, purchase, rental, lease or financing of any housing with the prospective sale, purchase, rental, lease or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, purchase, rental, lease or financing of any housing accommodation, which indicates any discrimination or any intent to discriminate; (6) To offer, solicit, accept or use a listing of any housing accommodation for sale, purchase, rental or lease with the understanding that a person may be subjected to discrimination in connection with such sale, purchase, rental or lease, or in the furnishing of facilities or services in connection therewith; (7) To induce directly or indirectly, or attempt to induce directly or indirectly, the sale, purchase, rental or lease, or the listing for any of the above, of any housing accommodation by representing that the presence or anticipated presence of persons of any particular race, color, religion, sex or national origin, ancestry, marital status, familial status, handicap, or place of birth in the area to be affected by such sale, purchase, rental or lease will or may result in either: 493

4 Chapter 58 Human Relations a. The lowering of property values in the area; b. An increase in criminal or antisocial behavior in the area; or c. A decline in the quality of schools serving the area; (8) To make any misrepresentations concerning the listing for sale, purchase, rental or lease, or the anticipated listing for any of the above, or the sale, purchase, rental or lease of any housing accommodation in any area in the city for the purpose of inducing or attempting to induce, the sale, purchase, rental or lease, or the listing for any of the above, of any housing accommodation; (9) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this article, or because he has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this article; (10) To aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this article; or to obstruct or prevent any person from complying with the provisions of this article or any order issued thereunder; (11) By canvassing, to commit any unlawful practices prohibited by this article; (12) Otherwise to deny to or withhold any housing accommodation from a person; (13) For any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists, in whole or in part, in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loans or other financial assistance, because of the race, color, religion, sex, national origin, ancestry, marital status, familial status, handicap, or place of birth of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given; or (14) To deny any qualified person access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation. (Code 1996, ) Sec EXEMPTIONS. This article shall not apply to: (1) Private sales of single-family homes. Any sale of a single-family home by its owner so long as the following criteria are met: a. The owner does not own or have a beneficial interest in more than three single-family homes at the time of the sale; b. The owner or a member of his family was the last current resident of the home; 494

5 Human Relations Chapter 58 c. The home is sold without the use in any manner of the sales or rental facilities or services of any real estate broker or salesman, or of any employee or agent of any real estate broker or salesman; d. The home is sold without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of 775 ILCS 5/3-102(F). (2) Apartments. Rental of a housing accommodation in a building which contains housing accommodations for not more than five families living independently of each other, if the lessor or a member of his family resides in one of the housing accommodations. (3) Private rooms. Rental of a room or rooms in a private home by an owner if he or a member of his family resides therein or, while absent for a period of not more than 12 months, if he or a member of his family intends to return to reside therein. (4) Occupancy restrictions. Reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. (5) Religious organizations. A religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of a dwelling which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. (6) Sex. Restricting the rental of rooms in a housing accommodation to persons of one sex. (7) Persons convicted of drug-related offenses. Conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 102 of the federal Controlled Substances Act (21 USC 802). (8) Appraisers. Persons engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on unlawful discrimination or familial status in furnishing appraisals. (9) Housing for older persons. No provision in this article regarding familial status shall apply with respect to housing for older persons. a. As used in this section, "housing for older persons" means housing: 1. Provided under any state or federal program that the state department of human rights determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); 2. Intended for, and solely occupied by, persons 62 years of age or older; or 3. Intended and operated for occupancy by persons 55 years of age or older and: i. At least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older; 495

6 Chapter 58 Human Relations ii. The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subsection 3; and iii. The housing facility or community complies with rules adopted by the department for verification of occupancy, which shall provide for verification by reliable surveys and affidavits, and include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of subsection ii. above. These surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. b. Housing shall not fail to meet the requirements for housing for older persons by reason of: 1. Persons residing in such housing as September 11, 1989, who do not meet the age requirements of subsection a.2 or 3 of this subsection; provided that new occupants of such housing meet the age requirements of subsection a.2 or 3 of this subsection; or 2. Unoccupied units; provided that such units are reserved for occupancy by persons who meet the age requirements of subsection a.2 or 3 of this subsection. c. A person shall not be held personally liable for monetary damages for a violation of this article if the person reasonably relied, in good faith, on the application of the exemption under this subsection (9) relating to housing for older persons. For the purposes of this subsection c, a person may show good faith reliance on the application of the exemption only by showing that: (Code 1996, ) 1. The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and 2. The facility or community has stated formally, in writing, that the facility or community complies with the requirements for the exemption. Sec COMPLAINT PROCEDURE. Any person aggrieved by an unlawful practice prohibited by this article may file a complaint with the city manager within 30 days after the aggrieved person becomes aware of the alleged unlawful practice, and in no event more than 60 days after the alleged unlawful practice occurred. The city attorney or his duly authorized representative shall investigate each complaint and attempt to resolve each complaint. Failure to achieve a resolution acceptable to both parties and compliance with this article shall be reported to the city council in accordance with the provisions set forth in this Code, and the council shall take such further action as it deems appropriate. (Code 1996, ) Sec ADDITIONAL REMEDIES. Nothing contained in this article shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be entitled or from filing his complaint with any appropriate governmental agency. (Code 1996, ) 496

7 Human Relations Chapter 58 Sec PENALTY. Any person violating any provision of this article shall, upon conviction thereof, be punished as provided by law. (Code 1996, ) Chapters RESERVED 497

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