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HomeMy WebLinkAboutORDINANCE - 553 - 8/20/1968 - FAIR HOUSING ORDINANCEORDINANCE 140. 553 AN ORDINANCE TO PROHIBIT DISCRIMINATORY PRACTICES IN REAL PROPERTY TRAASACTIONS IN THE VILLAGE OF ELK GROVE VILLAGE CHAPTER 25B FAIR HOUSING ORDINANCE NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois: Section 1. That there be added to the Municipal Code of the Village of Elk Grove Village the following: TITLE I 25B-1.01 This Ordinance shall be known and may be cited as the Fair Housing Ordinance of the Village of Elk Grove Village. 2513-1.02 Purpose and Declaration of Policy It is hereby declared to be the policy of the Village of Elk Grove Village and the purpose of this Ordinance, in the exercise of the Village 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 Village, and for the maintenance and promo- tion of commerce, industry and good government in the Village, to secure to all persons living or desiring to live in the Village a fair opportunity to purchase, lease, rent or occupy housing without dis- crimination based on race, color, religion or national origin. 25B-1.03 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 1.02 and the special purposes of the particular provision involved. 25B-1.04 Severability If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the Ordinance and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. 25B-1 .0 Definitions For the purposes of this Ordinance: (a) "Dwelling" means any building or structure, or portion thereof, within the Village of Elk Grove Village, which is arranged, designed or used as a home, residence or living quarters of one or more individuals. (b) "Housing" includes any building or structure, or portion thereof, within the Village of Elk Grove Village, which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or living quarters of one or more individuals, groups or families, and includes any vacant land within the Village of Elk Grove Village which is zoned and intended to be used for the construction of any such building or structure. (c) "Commission" means the Elk Grove Village Human Relations Commission. "Village Board" means the Village Board of the Village of Elk Grove Village. (d) "Commission Panel" or "Panel" means a panel, comprised of three or more members of the Commission, designated by the Chairman or the Vice -Chairman of the Commission to investigate and to attempt to conciliate a complaint filed or made under Title V of this Ordinance. - 1 - (e) "Hearing Board" means three persons appointed by the President and Board of Trustees to serve at its pleasure for the purpose of conducting hearings and making recom- mendations to the President and Board of Trustees for the purpose hereinafter set forth. (f) "Lease" includes sublease, assignment, and rent (or rental), and includes any contract to do any of the afore- going. (g) "National origin" includes the national origin of an ancestor. (h) "Owner" means any person who holds legal or equitable title to, or owns any beneficial interest in, any dwelling or housing, ar who holds legal or equitable title to shares of, or holds any beneficial interest in, any real estate cooperative which owns any dwelling or housing and unless otherwise provided herein who also hires a real estate agent, salesman or broker licensed hereunder in connec ti on with the sale, purchase, lease or exchange of real property within the Village of Elk Grove Village or is licensed as a real estate broker, salesman or agent under this Ordinance. (i) "Person" includes one or more individuals, corporations, partnerships, associations, legal representatives, mutual companies, unincorporated organizations, trusts, trustees, trustees in bankruptcy, receivers and fiduciaries and unless otherwise provided herein who also hires a real estate agent, salesman or broker licensed hereunder in connection with the sale, purchase, lease or exchange of real property in the Village of Elk Grove Village or is a licensed real estate broker, salesman or agent under this Ordinance. (j) "Purchase" includes any contract to purchase in reference to owner. (k) "Real estate agent" means any real estate broker, any real estate salesman, and any other person who, as employee or agent or otherwise, engages in the management or operation of any Dwelling or Housing. (1) "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. (m) "Real estate salesman" means any person licensed as a real estate salesman in accordance with the provisions of Chapter 114 1/2, Illinois Revised Statutes, or required thereby to be so licensed. (n) "Real estate transaction" means the purchase, sale, exchange, or lease of any Dwelling or Housing, and an option to do any of the foregoing. (o) "Sale includes any contract to sell, exchange, or to convey, transfer or assign legal or equitable title to or a beneficial interest in real estate. TITLE II 25B-2.01 Discriminatory Terms It shall be an unlawful housing practice and a violation of this Ordinance for any Owner or other person to sell or lease a Dwelling or Housing on terms, conditions or privileges that discriminate between persons because of race, color, religion or national origin. - 2 - 25B-2.02 Refusals to Deal It shall be an unlawful housing practice and a violation of this Ordinance for any Owner or other person to refuse to negotiate for, enter into or perform any sale or lease of any Dwelling or Housing, because of the race, color, religion or national origin of any party to such sale or lease, or of any member of the family of any such party or of any person using or occupying or intending to use or accupy such Dwelling or Housing or of any person using or occupying any Dwelling or Housing in the area in which such Dwelling or Housing is located. 25B-2.03 Withholding Housing It shall be an unlawful housing practice and a violation of this Ordinance for any Owner or other person to represent to any person that any Dwelling or Housing is not available for inspection, purchase, sale, lease, or occupancy when in fact it is so available, or otherwise to withhold Housing from any person because of race, color, religion or national origin. 25B-2.04 Advertisements It shall be an unlawful housing practice and a violation of this Ordinance for any owner or other person whether or not they have hired a real estate broker, salesman or agent licensed hereunder to publish or circulate a statement, advertisement or notice or an intention to sell or lease any housing in a manner that is unlawful under this Title 2.04• 25B-2.05 Advertisement, Causing and Permitting_ It shall be unlawful housing practice and a violation of this Ordinance for any Owner or other person whether or not they have hired a real estate broker, salesman or agent licensed hereunder to cause any person to circulate or publish a statement, advertisement or notice that such Owner or other person intends to sell or lease any Dwelling or Housing in a manner that is unlawful under Title II, or to consent thereto. 25B-2.06 Signs and Notices It shall be unlawful housing practice and a violation of this Ordinance for any Owner or other person whether or not they have hired a real estate broker, salesman or agent licensed hereunder to post or erect, or cause any person to post or erect, any sign or notice upon any Dwelling or Housing, indicating an intent to sell or lease any Dwelling or Housing in a manner that is unlawful under this Title II. 25B-2.07 Exemptions This Title II shall not apply to the rental of any room or dwelling unit in any owner occupied Dwelling which consists of more than one but less than five dwelling units. As used herein, the term "dwelling unit" means one or more rooms which are arranged, designed, or used as living quarters for one family or one individual. The term "owner" includes the spouse of any lineal descendant or ancestor of the owner. 25B-2.08 Limitations Nothing in this Ordinance shall require an owner to offer property to the public at large before selling or renting it, providing he complies with all other provisions of this Ordinance. Nor shall this Ordinance be deemed to prohibit owners from giving preference to prospective tenants or buyers for any reason other than religion, race, color or national origin. Nothing in this Ordinance shall require an owner to offer property for sale or lease or to show his property to any person if such person is not negotiating for the purchase or lease of such property in good faith. - 3 - TITLE III 25B-3.01 Withholding Housing It shall be an unlawful housing practice and a violation of this Ordinance for any real estate agent or other person to represent to any person that any Dwelling or Housing is not available for inspection, sale, lease or occupancy when in fact it is so available, or otherwise to withhold Housing from any person because of race, color, religion or national origin. 25B-3.02 Refusals of Offers It shall be an unlawful housing practice and a violation of this Ordinance for any real estate agent or other person to refuse to receive or to fail to transmit a bona fide offer for the purchase, sale, exchange or lease of any Dwelling or Housing because of the race, color, religion or national origin of the person making such offer. 25B-3.03 Advertisements It shall be an unlawful housing practice and a violation of this Ordinance for any real estate agent or other person whether or not he has hired a real estate broker, salesman or agent licensed here- under to publish or circulate a statement, advertisement or notice of an intention to sell or lease any Dwelling or Housing in a manner that is unlawful under Title II of this Ordinance. 25B-3.04 Signs and Notices It shall be an unlawful housing practice and a violation of this Ordinance for any real estate agent or other person whether or not he has hired a real estate broker, salesman or agent licensed hereunder to post and erect, or cause or permit any person to post or erect, any sign or notice upon any Dwelling or Housing, managed by or in the custody, care or control of such real estate agent or other person, indicating an intent to sell or lease any Dwelling or Housing in a manner that is unlawful under Title II or this Title III. 2 5 B-3. 0Licensin Every real estate broker shall apply for and obtain a license from the Village of Elk Grove Village prior to transacting any business involving real estate in the Village of Elk Grove Village as a real estate broker and prior to advertising or assuming act as such real estate broker. The commission of a single act as such real estate broker without such license shall constitute a violation of this Ordinance. 25B-3.06 Coverage This Title III shall apply, respectively, to every real estate agent who, within the Village of Elk Grove Village, performs any function as such real estate agent but does not maintain an office or place of doing business within the Village of Elk Grove Village; and this Title III applies to every real estate agent who maintains an office or place of doing business within the Village of Elk Grove Village; provided, however, that the provisions of this Ordinance shall not be so construed as to prohibit a real estate broker or real estate agent, on behalf of the Owner, from inquiring into and reporting upon qualifications of any prospective buyer or tenant which respect to limitations or exclusions other than those of race, color, religion or national origin. TITLE IV 201 Representation It shall be an unlawful housing practice and a violation of this Ordinance for any person, for the purpose of inducing any other person to enter into a real estate transaction with such person, his principal or his agent. (a) To represent that a change has occurred, will occur or may occur with respect to the race, color, religion or national origin in the composition of the Owners or occupants - 4 - in any block, neighborhood or area in which the Dwelling or Housing (which is the subject of the real estate transaction) is located. (b) To represent that a change with respect to the race, color, religion or national origin in the composition of the Owners or occupants of any block, neighborhood or area will result in lowering of property values, or in an increase in criminal or antisocial behavior, or in a decline in the quality of schools, in such block, neighborhood or area. 22B-4.02 Other Violations It shall be an unlawful housing practice and a violation of this Ordinance for any person (a) to aid, abet, incite, or coerce a person to engage in unlawful housing practice; (b) willfully to interfere with the performance of a duty or the exercise of a power by the Commission or one of its members or representatives; or (c) willfully to obstruct or prevent a person from complying with the provisions of this Ordinance or an order issued thereunder. TITLE V 25B-5.01 Commission Powers The Commission shall have and exercise, with respect to all Dwellings and Housing and with respect to all persons subject to this Ordinance, the power: (a) To act to eliminate unlawful housing practices. (b) To act to assure to persons living or desiring to live in the Village of Elk Grove Village, or in any particular Dwelling or Housing, opportunity to purchase, lease or occupy without discrimination because of race, color, religion or national origin. (c) To receive, initiate and investigate complaints alleging unlawful housing practices. Any complaint initiated by the Commission shall be in writing, shall be signed by the Chairman or Vice -Chairman of the Commission and shall fully set forth the circumstances of the alleged violation and the source of all information upon which the complaint is based, including the names and addresses of all complainants. Such written complaint shall be served upon the party alleged to be in violation of this Ordinance. (d) To seek conciliation of, hold hearings on, and make findings of fact with respect to any such complaint. (e) To render from time to time, but not less than every six months, a written report to the Village Board of its activities and recommendations with respect to fair housing practices, which written reports shall be made public after submission to the Village Board. (f) To adopt, after approval of the Village Board, such rules and regulations as may be necessary or desirable to carry out the purposes of this Ordinance. 25B-5.02 Licenses of Elk Grove Village Real Estate Brokers Before any license is issued to real estate agents or brokers in the Village of Elk Grove Village, the Village shall require the - 5 - applicant for license or renewal to give his representation that he has read this Fair Housing Ordinance and intends to comply with its provisions in and about his business as real estate broker and his representation that each real estate salesman employed by him has been furnished a copy of this Fair Housing Ordinance. 25B-5.03 Licenses of Other Real Estate Brokers: Application The Village Clerk of the Village of Elk Grove Village shall, upon application and a payment of an annual fee of $30.00, grant a license to transact business in the Village of Elk Grove Village to any real estate broker who does not maintain an office or a place of doing business within the Village of Elk Grove Village, upon his representation that he has read this Fair Housing Ordinance and intends to comply with its provisions in and about his business as a real estate broker, and his representation that each real estate salesman employed by him has been furnished a copy of this Fair Housing Ordinance. 25B-5.04 Licenses. Revocation and Suspension Whenever it has determined, in accordance with the provisions of Section 5.06 of this Ordinance, that a real estate broker has committed an unfair housing practice in violation of this Ordinance, the Village Board may revoke or suspend any license theretofore granted to such real estate broker under Section 5+03 or under the Ordinance referred to in Section 5.02 and may thereafter refuse for a period not to exceed one year to issue a license to such real estate broker; provided, however, that when a real estate broker found to be in violation of this Ordinance has not previously been found to have violated this Ordinance, such period of revocation or suspension shall not exceed a period of sixty (60) days. An order of revocation or suspension of a license issued by the Village Board pursuant to this Section shall take effect ten (10) days after its issuance. 25B-5.05 Complaints. Conciliation (a) Any person aggrieved in any manner by a violation of any provision of this Ordinance may file with the Commission a written verified complaint setting forth his grievance. The complaint shall state (1) the name and address of the complainant, (2) the name and address of the person against whom the complaint is brought, if known to the complainant, and (3) the alleged facts surrounding the alleged violation of this Ordinance; and such complaint shall state the name and address of all persons believed to have knowledge concerning the alleged facts. The Commission shall provide a printed form of complaint for the use of aggrieved persons. (b) After the filing of any complaint, the Commission shall serve a copy of the complaint on the party or parties charged and the Chairman or Vice -Chairman of the Commission shall designate a Panel to make a prompt investigation in connection therewith. (c) If such Panel shall determine after such investigation that probable cause exists for the allegations of the complaint (i) the Panel shall set a date for a meeting, and (ii) at such meeting, the Panel or any member thereof shall interview the complainant and the person or persons against whom the complaint has been directed and shall attempt to resolve the complaint by all proper methods of conciliation and persuasion. If at any time within forty-five (45) days after date of filing of the complaint such Panel shall determine that attempts at conciliation would not further the objectives of this Ordinance, the Commission shall notify the President and Board of Trustees who shall appoint a hearing board who shall promptly conduct a full hearing on the complaint in accordance with Section 25B-5.06. - 6 - .06Hearings by Hearing Board (a) Such hearings shall be conducted by the Hearing Board upon due and reasonable notice to all parties concerned. Hearing Board shall administer oath and take sworn testimony. Any party alleged to have violated this Ordinance shall be entitled to representation by counsel and shall have the right to call witnesses in his own behalf and the right to cross- examine witnesses. The aggrieved person and/or such person as may be designated by the Commission shall present evidence to sustain the complaint. The Hearing Board shall be advised by the Village Attorney upon matters of procedure, evidence and law. (b) At the conclusion of such hearing, the Commission shall render the President and Village Board a report and recommenda- tion which shall also be served by mail upon the complainant, the parties charged and the Commission. No report shall be delayed more than sixty (60) days after date of first issuance of notice of commencement of hearing. 25B-5.07 _Enforcement (a) The Hearing Board shall be empowered, at the conclusion of proceedings held under Section 5.06 to recommend to the Village Board of the Village of Elk Grove Village that the Village Board order any person found to be engaging in an unfair housing practice to cease and desist from such practice, upon such terms as shall be necessary and proper for the enforcement of this Ordinance. (b) The Hearing Board shall be empowered at the conclusion of proceedings held under Section 5.06, as part of its report, to recommend to the Village Board of the Village of Elk Grove Village, that it direct the Village Attorney of the Village of Elk Grove Village to do any one or more of the following: (1) To institute and prosecute proceedings to enforce, against any person found in violation of this Ordinance, the fine provided for in Section 7 below. (2) To apply to any court of competent jurisdiction (i) for an order restraining any person from violating any provision of this Ordinance, (ii) for such other or further relief as may seem to the court appropriate for the enforcement of this Ordinance and the elimination of violations hereof. (3) To petition or institute proceedings with the Department of Registration and Education for the purpose of causing the Department to revoke, suspend or refuse to renew the license granted by such Department to any real estate broker or real estate salesman found to have violated any provision of this Ordinance. (Q) In the case of any unlawful housing practice or violation of this Ordinance by any person in the course of performing under a contract or subcontract with the State or any political subdivision or agency thereof, or with the United States of America or any agency or instrumentality thereof, to petition or institute proceedings with such contracting agency for the purpose of causing it to terminate such contract or any portion thereof, either absolutely or on condition of compliance with the provisions of this Ordinance. (c) After receipt of the recommendation of the Hearing Board, the Village Board may issue such cease and desist orders and - 7 - may direct such action by the Village Attorney, including the procedures as in Section 5.07 (b) hereinabove set forth, as shall be necessary for the enforcement of this Ordinance. 25B-5.08 Limitation of Time to File Complaint_ Any complaint filed hereunder with the Commission must be filed within thirty (30) days after the alleged discriminatory practice occurred or it shall be barred. TITLE VI Remedies Any person agreed in any manner by violation of provisions of this Ordinance who has exhausted the remedies provided by this Ordinance may apply to any court of competent jurisdiction for appropriate relief. TITLE VII 25B_7 Fines Any person who violates any provision of the Ordinance shall be subject to a fine not to exceed 000.00. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED this 20th day of August 1968. APPROVED this - day of , 1968. Village President Enacted by due process of law without the approval of the Village President. ATTEST: Eleanor G. Turner Village Clerk PUBLISHED THIS 4th day of September , 1968 in the Elk Grove Herald and DuPage County Register.