[HISTORY: Adopted by the Board of Trustees of the Village
of Dundee 11-24-1987 by L.L. No. 4-1987. Amendments noted where applicable.]
A.
Through the Civil Rights Act of 1866, Title VI of the Civil Rights
Act of 1964, Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063, individuals are guarded against discrimination
in the sale or rental of housing. The Village of Dundee recognizes
the importance of these legal safeguards and wishes to provide for
local enforcement of both federal and state fair housing laws through
this chapter.
B.
This chapter establishes a local procedure for enforcement of federal
and state fair housing laws, including but not limited to the Civil
Rights Act of 1866, Title VI of the Civil Rights Act of 1964 and Title
VIII of the Civil Rights Act of 1968, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
- DISCRIMINATORY HOUSING PRACTICE
- An act that is unlawful under Sections 804, 805 and 806 of Title VIII.
- PERSON
- Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, receivers and fiduciaries.
- TITLE VIII
- Title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 U.S.C. §§ 3601 through 3619.
- TO RENT
- Includes to lease, to sublease, to let and otherwise to grant for consideration the right to occupy premises not owned by the occupant.
A.
Form of complaint.
(1)
Any persons wishing to file a complaint concerning discrimination
in the sale or rental of housing must present information concerning
the alleged violation(s) to the local designated Fair Housing Officer.
Each complaint shall be filed on a housing discrimination complaint
form (see Attachment A[1]) and contain substantially the following information:
(a)
The name and address of the person aggrieved (complainant).
(b)
The name and address of the person against whom the complaint
is filed (respondent).
(c)
A description and address of the dwelling which involves the
alleged discriminatory housing practice.
[1]
Editor's Note: Attachment A, the housing discrimination
complaint form, is on file at the Village Clerk's office.
(2)
The complaint must be filed no later than 180 days after
the alleged discriminatory housing practice occurred.
B.
Upon the filing of a complaint and upon any amendment of such a complaint,
the designated Fair Housing Officer will notify the respondent of
the complaint by certified mail.
C.
A hearing will be held before the Fair Housing Officer for the purpose
of resolving the complaint. The complainant and respondent shall receive
notification of hearing date by certified mail. The hearing must be
held within 10 days of the mailing of the notification to both parties.
At the hearing, the Fair Housing Officer will explain the complaint
and relevant law which has allegedly been violated to the respondent.
The respondent will have the right to be represented by counsel. If
the allegations of the complaint are proven by a preponderance of
evidence, the Fair Housing Officer shall describe to the respondent
appropriate prescribed action to be taken by the respondent.
D.
The respondent will be notified by certified mail of the prescribed
action. He will have 14 days in which to comply with the prescribed
action. The Fair Housing Officer at all times will encourage voluntary
cooperation but will resort to the compulsory processes authorized
by Section 811 of Title VIII. Further court action will be done only
on the request of the complainant. The Assistant Secretary for Equal
Opportunity in the Department of Housing and Urban Development will
be forwarded a copy of the complaint and all relevant materials at
this time.
