[HISTORY: Adopted by the Mayor and Board of Trustees of the
Village of Flossmoor 10-18-1999 by FMC-355 (Ch. 22, Art. X, of the 1964 Code). Amendments
noted where applicable.]
A.
Declaration of policy. In the exercise of its power to regulate for
the protection of the public health, safety, morals, and welfare,
it is declared to be the public policy of this Village to assure fair
housing and freedom from discrimination throughout the community,
to protect the community from the effects of residential segregation
by race, color, religion, sex, sexual orientation, physical or mental
disability, family status, national origin, creed, marital status,
military status, order of protection status, age or ancestry, and
to secure to its citizens the economic, social, and professional benefits
of living in a stable, integrated society.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
B.
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 and the special purposes of the particular
provisions involved.
As used in this chapter, the following terms have the following
meanings:
When used with respect to the public and common use areas
of a building containing covered multifamily dwellings, means that
the public or common use areas of the building can be approached,
entered, and used by individuals with physical disabilities.
A continuous unobstructed path connecting accessible elements
and spaces in a building or within a site that can be negotiated by
an individual with a disability using a wheelchair and that is also
safe for and usable by people with other disabilities. A route that
complies with the appropriate requirements of the American National
Standards Institute's ANSI A117.1-1986 or a comparable standard is
an accessible route.
The person designated by the corporate authorities of the Village to administer the provisions of this chapter. (See § 146-1-7.)
The agency designated by the corporate authorities of the
Village to conduct hearings and adjudicate charges of violations of
this chapter. For the purposes of this chapter, that body shall be
the Fair Housing Review Board.
Attempting to attract all prospective buyers and renters
with special efforts to attract person of a race or national origin
least likely to apply through the normal operations of the marketplace.
See "real estate broker."
Includes any person who claims to have been injured by a
discriminatory housing practice or believes that he or she will be
injured by a discriminatory housing practice that is about to occur.
The Fair Housing Review Board.
Includes any person authorized to perform an action on behalf
of another person regarding any matter related to the sale or rental
of dwellings, including offers, solicitations or contracts and the
administration of matters regarding such offers, solicitations or
contracts or any residential real estate-related transactions.
A structure, facility, or portion thereof that contains or
serves one or more dwelling units.
An accessible entrance to a building that is connected by
an accessible route to public transportation stops, to accessible
parking and passenger loading zones, or to public streets or sidewalks,
if available.
An allegation contained in a complaint.
Rooms, spaces or elements inside or outside of a building
that are made available for the use of residents of a building or
the guests thereof. These areas include hallways, lounges, lobbies,
laundry rooms, refuse rooms, mail rooms, recreational areas and passageways
among and between buildings.
The document filed by a complainant with the Administrator.
A party/person who files a complaint.
The resolution of issues raised by a complaint, or the investigation
of such charge, through informal negotiations involving the aggrieved
party, the respondent and the Administrator.
A written agreement setting forth the resolution of the issues
in conciliation.
Any drug or other substance, or immediate precursor included
in the definition in Section 102 of the Controlled Substances Act
(21 U.S.C. § 802).
To treat any person differently from others because of race,
color, religion, sex, sexual orientation, physical or mental disability,
familial status, national origin, creed, marital status, military
status, order of protection status, age or ancestry.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
With respect to an individual with a physical or mental impairment
which substantially limits one or more major life activities, a record
of having such an impairment, or being regarded as having such an
impairment. The term "disability," wherever used in this chapter,
includes the physical or mental impairments of:
Any building structure or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one or
more families or unrelated individuals, and any vacant land which
is offered for sale or lease for the construction or location thereon
of any such building, structure or portion thereof.
A person 55 years or older.
Any access point to a building or portion of a building used
by residents for the purpose of entering.
All areas of the premises outside of an individual dwelling
unit.
Any bank, credit union, insurance company, mortgage banking
company, savings and loan association, or other entity or organization
which makes or purchases loans or provides other financial assistance
and which operates or has a place of business in the State of Illinois.
That part of an adjudicative proceeding that involves the
submission of evidence, either by oral presentation or written submission,
and includes the submission of briefs and oral arguments on the evidence
and applicable law.
The agency designed by the corporate authorities of the Village
to conduct hearings on, and adjudicate the question of, ordinance
violations. For the purposes of this chapter, that body shall be the
Fair Housing Review Board.
Includes 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.
All housing that is provided under state and federal programs
for elderly persons as defined by the specific programs, providing
United States HUD approval has been secured; or
Housing that is intended for, and solely occupied by person
62 years of age or older, or
Communities in which at least 80% of all units are occupied
by one person 55 years of age or older, if the existence of significant
facilities and services specifically designed to meet the physical
and social needs of older persons can be documented.
The spaces, parts, components or elements of an individual
dwelling unit.
Includes any sublease, assignment, or rental and any contract
to enter into any of the foregoing.
Includes, but is not limed to, the providing of funds, for
consideration, which are:
The legal status of being married, single, separated, divorced
or widowed.
Any change to the public or common use areas of a building
or any change to a dwelling unit.
The place in which a person or one of his or her ancestors
was born.
Includes every attempt by means of written or oral communications
to present for acceptance or rejection, to hold out or proffer, to
make a proposal to or to exhibit real estate that may be taken or
received with the intention of ultimately entering a real estate transaction.
Any person who holds legal or equitable title to, or owns
any beneficial interest in, any real estate, or who holds legal or
equitable title to shares of, or any beneficial interest in, an entity
which owns any real estate.
Includes one or more individuals, corporations, partnerships,
associations, labor organizations, labor organizations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated organizations,
trustees, or trustees in cases under Title 11 of the United States
Code.
Any person who:
Within the preceding 12 months has participated as principal
in three or more transactions involving the sale or rental of any
dwelling or any interest therein; or
Within the preceding 12 months, has participated as agent, other
than in the sale of his or her own personal residence, in providing
sales or rental facilities or sales or rental services in two or more
transactions involving the sale or rental of any dwelling or interest
therein; or
Is the owner of any dwelling designed or intended for occupancy
by, or occupied by, five or more families.
Includes any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the following
body systems: neurological; musculoskeletal; special sense organs,
respiratory, including speech organs; cardiovascular, reproductive,
digestive, genitourinary; hemic and lymphatic; skin; and endocrine;
or any mental or psychological disorder, such as mental retardation,
organic brain syndrome, emotional or mental illness, and specific
learning disabilities.
The interior or exterior spaces, parts, components or elements
of a building, including individual dwelling units and the public
and common use areas of a building.
Interior or exterior rooms or spaces of a building that are
made available to the general public. Public use may be provided at
a building that is privately or publicly owned.
A person, whether licensed or not, who, for or with expectation
of receiving a consideration, lists, sells, purchases, exchanges,
rents or leases real property, or who negotiates any of those activities
or who holds himself out as engaged in these activities.
The purchase, sale of fee or equitable title to, or beneficial
interest in, or rental or lease of, any real property; or an option
to do any of the foregoing, or any negotiation, listing, contract,
or agreement in connection therewith. "Real estate transaction" also
includes the brokering or appraising of residential real property
and the making or purchasing of loans or providing other financial
assistance for purchasing, constructing, improving, repairing or maintaining
a dwelling secured by residential real estate.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
Includes buildings, structures, real estate, lands, tenements,
lease holds, interests in real estate cooperative, condominiums, and
hereditaments, corporeal and incorporeal.
Includes all aspects of religious observance and practice,
as well as belief; and all aspects of religious nonobservance, nonpractice
and nonbelief.
To lease, sublease, let, and otherwise grant for consideration
the right to occupy premises not owned by the occupant.
Includes any contract to sell, exchange or to convey, transfer
or assign legal or equitable title to or a beneficial interest in
real property.
See "real estate broker."
The status of being male or female.
Includes, but is not limited to, the following practices:
Requiring a greater down payment than is usual for the particular
type of a loan involved.
Requiring a shorter period of amortization than is usual for
the particular type of loan involved.
Charging a higher interest rate than is usual for the particular
type of loan involved.
Underappraising of real estate or other items of property offered
as security.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
It shall be unlawful to:
A.
Refusal to negotiate, deal, sell or rent. Refuse to sell or rent,
after the making of a bona fide offer, or to refuse to negotiate for
the sale or rental of, or otherwise make unavailable or deny a dwelling
to any person because of race, color, religion, sex, sexual orientation,
physical or mental disability, familial status, national origin, creed,
marital status, military status, order of protection status, age or
ancestry.
B.
Discriminatory terms. Discriminate against any person in the terms,
conditions, or privileges of sale or rental of a dwelling, or in the
provision of services or facilities in connection therewith, because
of race, color, religion, sex, sexual orientation, physical or mental
disability, familial status, national origin, creed, marital status,
military status, order of protection status, age or ancestry.
C.
Advertisements, signs, notices. Make, print, circulate, or publish,
or cause to be made, printed, or published, any written or oral notice,
statement, or advertisement, with respect to the sale or rental of
a dwelling that indicates any preference, limitation, or discrimination
based on race, color, religion, sex, sexual orientation, physical
or mental disability, familial status, national origin, creed, marital
status, military status, order of protection status, age or ancestry
or an intention to make such preference, limitation, or discrimination.
Discriminatory notices, statements and advertisements include, but
are not limited to:
(1)
Using words, phrases, photographs, illustrations, symbols, or
forms which convey that dwellings are available or not available to
a particular group of persons because of race, color, religion, sex,
sexual orientation, physical or mental disability, familial status,
national origin, creed, marital status, military status, order of
protection status, age or ancestry.
(2)
Expressing to agents, brokers, employees, prospective sellers
or renters or any other persons a preference for or limitation on
any purchaser or renter because of race, color, religion, sex, sexual
orientation, physical or mental disability, familial status, national
origin, creed, marital status, military status, order of protection
status, age or ancestry of such persons.
(3)
Selecting media or locations for advertising the sale or rental
of dwellings which deny particular segments of the housing market
information about housing opportunities because of race, color, religion,
sex, sexual orientation, physical or mental disability, familial status,
national origin, creed, marital status, military status, order of
protection status, age or ancestry.
(4)
Refusing to publish advertising for the sale or rental of dwellings,
or requiring different charges or terms for such advertising because
of race, color, religion, sex, sexual orientation, physical or mental
disability, familial status, national origin, creed, marital status,
military status, order of protection status, age or ancestry.
D.
Withholding dwellings. Represent to any person because of race, color,
religion, sex, sexual orientation, physical or mental disability,
familial status, national origin, creed, marital status, military
status, order of protection status, age or ancestry that any dwelling
is not available for inspection, sale, or rental when such dwelling
is in fact available.
E.
Inducement of sale or rental, misrepresentation. For profit, to induce
or attempt to induce a person to sell or rent a dwelling by representation
regarding the entry or prospective entry into the neighborhood of
a person or persons of a particular race, color, religion, sex, sexual
orientation, physical or mental disability, familial status, national
origin, creed, marital status, military status, order of protection
status, age or ancestry. Prohibited actions under this section include,
but are not limited to:
(1)
Engaging for profit in conduct (including uninvited solicitations
for listings) which conveys to a person that a neighborhood is undergoing
or is about to undergo a change in persons of a particular race, color,
religion, sex, sexual orientation, physical or mental disability,
familial status, national origin, creed, marital status, military
status, order of protection status, age or ancestry, in order to encourage
persons to offer a dwelling for sale or rental.
(2)
Encouraging, for profit, any person to sell or rent a dwelling
through assertions that the entry or prospective entry of persons
of a particular race, color, religion, sex, sexual orientation, physical
or mental disability, familial status, national origin, creed, marital
status, military status, order of protection status, age or ancestry
can or will result in undesirable consequences for the project, neighborhood
or community, such as a lowering of property values, an increase in
criminal or antisocial behavior, or a decline in the quality of schools
or other services or facilities.
(3)
Soliciting or entering into any agreement for the sale, lease
or listing for sale or lease of any property within the Village, on
the ground of loss of value, due to the present or prospective entry
into any neighborhood of any person or persons of any particular race,
color, religion, sex, sexual orientation, physical or mental disability,
familial status, national origin, creed, marital status, military
status, order of protection status, age or ancestry.
(4)
Distributing or causing to be distributed, written material
or statements designed to induce any person to sell or lease real
property because of any alleged or actual, present or prospective
change in the race, color, religion, sex, sexual orientation, physical
or mental disability, familial status, national origin, creed, marital
status, military status, order of protection status, age or ancestry
of persons in the Village or neighborhood.
(5)
Making any representation concerning the listing for sale or
the anticipating 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, that the presence or anticipated presence
of persons of any particular race, color, religion, sex, sexual orientation,
physical or mental disability, familial status, national origin, creed,
marital status, military status, order of protection status, age or
ancestry 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.
F.
Lending. Discriminate, in connection with borrowing or lending money,
guaranteeing or purchasing loans, accepting mortgages, or otherwise
financing the purchase, construction, improvement, repair or maintenance
of a dwelling, or the making or purchasing of loans or the provision
of other financial assistance secured by residential real estate,
because of race, color, religion, sex, sexual orientation, physical
or mental disability, familial status, national origin, creed, marital
status, military status, order of protection status, age or ancestry.
Such discrimination includes, but is not limited to:
(1)
Denying or delaying any of the services normally offered by
such an institution, including the processing of a loan or other financial
assistance;
(2)
Making a transaction unavailable;
(3)
Varying the terms or conditions, or otherwise discriminating
in the fixing of the amount, interest rate, duration, or other terms
or conditions of a loan or other financial assistance.
(4)
Providing any person with any service which is different from,
or provided in a different manner than, that which is provided to
other persons similarly situated;
(5)
Refusing to purchase or imposing different terms or conditions
on loans or other debts or securities which support the purchase,
construction, improvement, repair or maintenance of a dwelling, or
which are secured by residential real estate; and
(6)
Denying or varying the terms and conditions of a loan on the
basis that a specific parcel of real estate offered as security is
located in a specific parcel of real estate offered as security is
located in a specific geographical area.
G.
Appraising/insurance. Discriminate in the appraisal of the value
of real estate or in the sale of insurance in connection with a real
estate transaction because of the race, color, religion, sex, sexual
orientation, physical or mental disability, familial status, national
origin, creed, marital status, military status, order of protection
status, age or ancestry of the person.
H.
Varying rents/sale price. Impose different sale prices or rental
charges for the sale or rental of a dwelling upon any person because
of race, color, religion, sex, sexual orientation, physical or mental
disability, familial status, national origin, creed, marital status,
military status, order of protection status, age or ancestry.
I.
Qualification criteria. Use different qualification criteria or applications,
or sale or rental standards or procedures, such as income standards,
application requirements, application fees, credit analysis or sale
or rental approval procedures or other requirements, because of race,
color, religion, sex, sexual orientation, physical or mental disability,
familial status, national origin, creed, marital status, military
status, order of protection status, age or ancestry.
J.
Eviction. Evict tenant because of their race, color, religion, sex,
sexual orientation, physical or mental disability, familial status,
national origin, creed, marital status, military status, order of
protection status, age or ancestry or because of the race, color,
religion, sex, physical or mental disability, familial status, national
origin, creed, marital status, unfavorable military discharge, age
or ancestry of a tenant's guest.
K.
Listings. Enter into a listing agreement which discriminates against
any person because of race, color, religion, sex, sexual orientation,
physical or mental disability, familial status, national origin, creed,
marital status, military status, order of protection status, age or
ancestry.
L.
Discrimination in membership or services. Deny any 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 any person in the terms or conditions of
such access, membership or participation because of race, color, religion,
sex, sexual orientation, physical or mental disability, familial status,
national origin, creed, marital status, military status, order of
protection status, age or ancestry. Prohibited actions under this
section include, but are not limited to:
(1)
Setting different fees for access to or membership in a multiple-listing
service based on race, color, religion, sex, sexual orientation, physical
or mental disability, familial status, national origin, creed, marital
status, military status, order of protection status, age or ancestry;
(2)
Denying or limiting benefits accruing to members in a real estate
brokers' organization because of race, color, religion, sex, sexual
orientation, physical or mental disability, familial status, national
origin, creed, marital status, military status, order of protection
status, age or ancestry;
(3)
Imposing different standards or criteria for membership in real
estate or rental organizations based on race, color, religion, sex,
sexual orientation, physical or mental disability, familial status,
national origin, creed, marital status, military status, order of
protection status, age or ancestry;
(4)
Establishing board or multilisting service boundaries, residence
or office, location or other membership requirements which have the
effect of excluding persons from membership because of race, color,
religion, sex, sexual orientation, physical or mental disability,
familial status, national origin, creed, marital status, military
status, order of protection status, age or ancestry.
(5)
Refusing to hire or contract with any person because of race,
color, religion, sex, sexual orientation, physical or mental disability,
familial status, national origin, creed, marital status, military
status, order of protection status, age or ancestry.
M.
Steering (restriction of choice). Restrict or attempt to restrict,
because of race, color, religion, sex, sexual orientation, physical
or mental disability, familial status, national origin, creed, marital
status, military status, order of protection status, age or ancestry,
the choices of a person by words or acts in connection with buying
or renting a dwelling so as to perpetuate, or tend to perpetuate,
segregated housing patterns, or to discourage or obstruct integrated
housing. Prohibited actions under this section, which are generally
referred to as unlawful steering practices include, but are not limited
to the following:
(1)
Discouraging any person from inspecting, purchasing or renting
a dwelling because of race, color, religion, sex, sexual orientation,
physical or mental disability, familial status, national origin, creed,
marital status, military status, order of protection status, age or
ancestry; or because of the race, color, religion, sex, sexual orientation,
physical or mental disability, familial status, national origin, creed,
marital status, military status, order of protection status, age or
ancestry of persons in a community, neighborhood, or development,
so as to perpetuate, or tend to perpetuate, segregated housing patterns,
or to discourage or obstruct integrated housing.
(2)
Discouraging the purchase or rental of a dwelling because of
race, color, religion, sex, sexual orientation, physical or mental
disability, familial status, national origin, creed, marital status,
military status, order of protection status, age or ancestry by exaggerating
drawbacks or failing to inform any person of desirable features of
a dwelling or of a community, neighborhood, or development, so as
to perpetuate, or tend to perpetuate, segregated housing patterns,
or to discourage or obstruct integrated housing.
(3)
Communicating to any prospective purchaser that he or she would
not be comfortable or compatible with existing residents of a community,
neighborhood or development because of race, color, religion, sex,
sexual orientation, physical or mental disability, familial status,
national origin, creed, marital status, military status, order of
protection status, age or ancestry so as to perpetuate, or tend to
perpetuate, segregated housing patterns, or to discourage or obstruct
integrated housing.
(4)
Assigned any person to a particular section of a community,
neighborhood or development, or to a particular floor of a building,
because of race, color, religion, sex, sexual orientation, physical
or mental disability, familial status, national origin, creed, marital
status, military status, order of protection status, age or ancestry
so as to perpetuate, or tend to perpetuate, segregated housing patterns,
or to discourage or obstruct integrated housing.
(5)
Failing to inform any person of available housing opportunities
in a particular section of a community, neighborhood or development,
or in a particular building or particular floor of a building because
of race, color, religion, sex, sexual orientation, physical or mental
disability, familial status, national origin, creed, marital status,
military status, order of protection status, age or ancestry, so as
to perpetuate, or tend to perpetuate, segregated housing patterns,
or to discourage or obstruct integrated housing.
N.
Participation. Act or undertake to act as a real estate broker, salesperson,
or agent with respect to any dwelling, the disposition of which requires
said person to participate in discrimination.
O.
Restrictions. Perform any act of discrimination with the intention
or effect of restricting or limiting the housing choice of any person.
P.
Aiding and abetting. Aid or abet acts performed in violation of this
chapter.
Q.
Interference, coercion, or intimidation. Coerce, intimidate, threaten,
or interfere with any person in the exercise or enjoyment of, or on
account of his having exercised or enjoyed, or on account of his having
aided or encouraged any other person in the exercise or enjoyment
of any right granted or protected by this chapter.
R.
Differential treatment. Engage in any differential treatment toward
any prospective seller, purchaser, or tenant because of that person's
race, color, religion, sex, sexual orientation, physical or mental
disability, familial status, national origin, creed, marital status,
military status, order of protection status, age or ancestry, or that
of the persons in the area in which that property is located.
In addition to those prohibited acts identified in §§ 146-1-3 and 146-1-5, the following shall also be unlawful:
A.
Discrimination against the disabled.
(1)
To make an inquiry to determine whether an applicant for a dwelling;
a person intending to reside in that dwelling after it is sold, rented
or made available; or any person associated with that person has a
disability, or to make inquiry as to the nature or severity of a disability
of such a person.
(2)
However, this section does not prohibit the following inquiries,
provided these inquiries are made of all applicants, whether or not
they have disabilities:
(a)
Inquiry into the applicant's ability to meet the requirements
of ownership or tenancy.
(b)
Inquiry to determine whether an applicant is qualified for a
dwelling available only to persons with disabilities or to persons
with a particular type of disability.
(c)
Inquiry to determine whether an applicant for a dwelling is
qualified for a priority available to persons with disabilities or
to persons with a particular type of disability.
(d)
Inquiry to determine whether an applicant for a dwelling is
a current illegal abuser or addict of a controlled substance.
(e)
Inquiry to determine whether an applicant has been convicted
of the illegal manufacture or distribution of a controlled substance.
(3)
Nothing in this section requires that a dwelling be made available
to an individual whose tenancy would constitute a direct threat to
the health or safety of other individuals or whose tenancy would result
in substantial physical damage to the property of others.
B.
Unit modification. To refuse to permit, at the expense of the disabled
person, reasonable modifications of existing premises occupied or
to be occupied by such person if such modifications may be necessary
to afford such person full enjoyment of the premises; except that,
in the case of a rental, the landlord may, where it is reasonable
to do so, condition permission for a modification on the renter agreeing
to restore the interior of the premises to the condition that existed
before the modifications, reasonable wear and tear excepted.
C.
Rules and policies. To refuse to make reasonable accommodations in
rules, policies, practices, or services, when such accommodations
may be necessary to afford such person equal opportunity to use and
enjoy the dwelling, including public and common use areas.
D.
New construction. To fail to design and construct dwellings after
March 13, 1991, in such a manner that:
(1)
Each dwelling has at least one building entrance on an accessible
route;
(2)
The public use and common use portions of such dwellings are
readily accessible to and usable by a disabled person;
(3)
All the doors designed to allow passage into and within all
premises within such dwellings are sufficiently wide to allow passage
by disabled persons in wheelchairs; and
(4)
All premises within such dwellings contain the following features
of adaptive design:
(a)
An accessible route into and through the dwelling;
(b)
Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
(c)
Reinforcements in bathroom walls to allow later installation
of grab bars; and
(d)
Usable kitchens and bathrooms such that an individual in a wheelchair
can maneuver about the space.
E.
Guide/support dogs. To refuse to sell or rent because a person has
a guide, hearing or support dog. It is a civil rights violation for
the owner or agent of any housing accommodation to:
(1)
Refuse to sell or rent after the making of a bona fide offer,
or to refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny property to any blind, hearing impaired or
physically disabled person because he has a guide, hearing or support
dog; or
(2)
Discriminate against any blind, hearing impaired, or physically
disabled person in the terms, conditions, or privileges of sale or
rental property, or in the provision of services or facilities in
connection therewith, because he has a guide, hearing or support dog;
or
(3)
Require, because a blind, hearing impaired, or physically disabled
person has a guide, hearing or support dog, an extra charge in a lease,
rental agreement, or contract of purchase or sale, other than for
actual damage done to the premises by the dog.
Nothing in this chapter, other than the prohibition against discriminatory advertising (§ 146-1-3C), shall:
A.
Apply to the following:
(1)
The rental, lease, or occupancy of a room in an owner-occupied
single-family dwelling, provided the owner does not own or have any
interest in more than three single-family houses at any one time;
(2)
Rooms or units in dwelling containing living quarters occupied
or intended to be occupied by no more than four families living independently
of each other, if the owner actually maintains and occupies one of
such living quarters as his or her residence;
B.
Prohibit 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 dwellings which
it owns or operates for other than commercial purposes to persons
of the same religion, or from giving preference to such persons, unless
membership in such religion is restricted because of race, color,
religion, sex, sexual orientation, physical or mental disability,
familial status, national origin, creed, marital status, military
status, order of protection status, age or ancestry;
[Amended 7-7-2014 by Ord.
No. 2014-1783]
C.
Prohibit a private club not in fact open to the public, which as
an incident to its primary purpose provides lodgings which it owns
or operates for other than a commercial purpose, from limiting the
rental or occupancy of such lodgings to its members and their guests
or from giving preference to its members;
D.
Prohibit the rental or sale of a dwelling on the basis of age or
disability when such dwelling is authorized, approved, financed, or
subsidized in whole or in part by a unit of state, local, or federal
government;
E.
Limit the applicability of any reasonable local, state, or federal
restrictions regarding the maximum number of occupants permitted to
occupy of dwelling;
F.
Require the rental or sale of a unit to any person convicted of the
illegal manufacture or distribution of a controlled substance;
G.
With regard to discrimination based on familial status, apply with respect of housing for older persons as defined in § 146-1-2 of this chapter;
H.
Prohibit financial institutions from considering sound underwriting
practices in contemplation of any loan to any person. Such practices
shall include the following:
I.
Prohibit a person engaged in the business of furnishing appraisals
of real property from taking into consideration factors other than
race, color, religion, sex, sexual orientation, physical or mental
disability, familial status, national origin, creed, marital status,
military status, order of protection status, age or ancestry.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
J.
Prohibit affirmative marketing activities.
A.
Creation of a Fair Housing Review Board. There is hereby created
a Fair Housing Review Board, consisting of the Zoning Board of Appeals
of the Village of Flossmoor.
B.
Duties of a Fair Housing Review Board. The adjudicative responsibilities
for this chapter shall be with the Fair Housing Review Board. The
Fair Housing Review Board shall have and execute with respect to all
dwellings and persons subject to this chapter the power:
(1)
To hold hearings on, and make findings of fact and conclusions
of law with respect to any such complaint;
(2)
To administer oaths and take sworn testimony;
(3)
To issue subpoenas for the appearance of witnesses, the production
of evidence, or both, in the course of investigations and hearings
authorized under this section, if there is reason to believe that
a violation has occurred and the testimony of the witness or the documents
or items sought by the subpoena are relevant to the investigation.
A subpoena shall be served in the same manner as subpoenas issued
under the rules of the Illinois Supreme Court to compel appearance
of a deponent, and subject to the same witness and mileage fees fixed
by law for such subpoenas. A subpoena issued under this section shall
identify the person to whom it is directed and the documents or other
items sought thereby, if any, and the date, time and place for the
appearance of the witness and production of the documents or other
items described in the subpoena. In no event shall the date for the
examination or production of evidence be less than seven days after
service of the subpoena. No later than the time for appearance or
production required by the subpoena, the person to whom the subpoena
is directed may object to the subpoena, in whole or in part. The objection
shall be in writing, delivered to the Fair Housing Review Board, and
shall specify the grounds for the objection. For seven days after
receipt of a timely objection to a subpoena, the Fair Housing Review
Board shall take no action to enforce the subpoena or to initiate
prosecution of the person to whom the subpoena is directed. During
this seven-day period the Fair Housing Review Board shall consider
the grounds for the objection and may attempt to resolve the objection
through negotiation with the person to whom the subpoena is directed.
The seven-day period may be extended by the Fair Housing Review Board
in order to allow completion of any negotiations. The extension shall
be, in writing, addressed to the person to whom the subpoena is directed,
and shall specify the date on which the negotiation period will end.
Negotiations may include such matters as the scope of the subpoena
and the time, place and manner of response thereto. The filling of
an objection to a subpoena, and negotiations pursuant to an objection,
shall not constitute refusal to comply with the subpoena, or interference
with or obstruction of an investigation;
(4)
To seek temporary relief (judicial enforcement) and to enforce
its orders in conformity with this chapter;
(5)
To publish its findings of fact and issue orders in accordance
with the provisions of this chapter;
(6)
To render from time to time, but not less often than every 12
months, a written report to municipal officials of its activities
and recommendations with respect to fair housing practice, which written
report shall be made public after submission to the Mayor and Trustees;
and
(7)
To adopt, promulgate, amend and rescind, after approval of the
Mayor and Trustees, such rules and regulations as may be necessary
and desirable to carry out the purpose of this chapter.
The Mayor and Trustees appoint the Zoning Administrator as the
Administrator. The Administrator shall have such duties, responsibilities,
and powers as are necessary for the implementation of this chapter
and additionally, as may be provided by the Mayor and Trustees, including
the issuing, initiation, receipt, and due processing of complaints.
A.
Complaint.
(1)
Any person aggrieved in any manner by a violation of any provision
of this chapter may file with the Administrator a written verified
complaint setting forth his or her grievance within one year after
the date of the alleged violation. The complaint shall state, on a
printed form provided by the Administrator, such detail as to substantially
apprise any party properly concerned as to the time, place, and facts
surrounding the alleged violation of this chapter.
(3)
A complaint may also be filed against any person who directs
or controls, or has the right to direct or control, the conduct of
another person with respect to any aspect of the sale, rental, advertising
or financing of dwellings or the provision of brokerage services relating
to the sale or rental of dwellings if the other person, acting within
the scope of his or her authority as employee or agent of the directing
or controlling person, is engaged, has engaged, or is about to engage,
in a discriminatory housing practice.
B.
Notice of complaint.
(1)
Within 10 calendar days after a complaint has been received
or initiated by the Administrator, the Administrator shall serve or
cause to be served, either in person or by certified mail, on the
person alleged to be in violation of this chapter, hereinafter referred
to as the "respondent," a copy of the complaint along with an explanation
of the respondent's procedural rights and obligations under this chapter,
including applicable time limits and choice of forums.
(2)
The Administrator shall also, within 10 days of the date on
which the complaint was filed, send written notice to the complainant
informing the complainant of his or her option to file a complaint
with United States HUD, the Illinois Department of Human Rights, federal
or state courts, including the dates within which the complainant
may exercise such options.
C.
Injunctive temporary relief.
(1)
At any time after a complaint is filed and determined to constitute
a violation of this chapter, the Administrator may petition the appropriate
court for temporary relief, pending final determination of the proceedings
under this chapter, including an order or decree restraining the respondent
form doing or causing any act which would render ineffectual an order
of relief with respect to the complaint. Such petition shall contain
a certification by the Administrator that the particular matter presents
exceptional circumstances in which irreparable injury will result
from a violation of this chapter in the absence of temporary relief.
(2)
The petition shall be filed in the circuit court for the county
in which the respondent resides or transacts business or in which
the alleged violation took place.
D.
Respondent response.
(1)
The respondent shall serve upon the complainant and the Administrator
a verified copy of his or her response to all allegations contained
in the complaint within 10 calendar days of the date on which respondent
was served with a notice of complaint.
(2)
The Administrator shall issue a notice of default directed to
any respondent who fails to file a verified response to a complaint
within 10 calendar days of the date on which the complainant was served,
unless the respondent can demonstrate good cause as to why such notice
should not be issued.
E.
Complainant reply. Within 10 calendar days of the date the complainant
receives the respondent's response, the complainant may file his reply
to said response. If he chooses to file a reply, the complainant shall
serve a verified copy of said reply on the respondent or his representative
and the Administrator. A party shall have the right to supplement
his response or reply at any time that the investigation of the complaint
is pending.
F.
Investigation.
(1)
The Administrator shall order a prompt investigation of the
complaint, completing such an investigation within 100 calendar days
after the filing of the complaint.
(2)
Unless it is impossible to do so, upon review of the report
and within 100 calendar days after the filing of the complaint, the
Administrator shall determine whether there is substantial evidence
that the alleged ordinance violation has been committed or is about
to be committed.
(3)
If the Administrator is unable to make the determination within
100 calendar days after the filing of the complaint, the Administrator
shall notify the complainant and respondent, in writing, of the reasons
for not doing so.
(4)
If the Administrator determines that there is no substantial
evidence, the complaint shall be dismissed. The reasons for the dismissal
shall be set forth in writing and served upon the complainant and
respondent(s) and the complainant notified that he or she may seek
review of the dismissal order before the Fair Housing Review Board.
The complainant shall have 30 calendar days from receipt of notice
to file a request for review by the Fair Housing Review Board.
(5)
If the Administrator determines that there is substantial evidence,
it shall immediately notify the parties and schedule a conciliation
meeting.
G.
Conciliation.
(1)
During the period beginning with the filing of a complaint and
ending with a dismissal or a referral to the Fair Housing Review Board,
the Administrator shall, to the extent feasible, engage in conciliation
with respect to such complaint.
(2)
If, after a finding of substantial evidence, the Administrator
determines:
(a)
That conciliation is feasible, the complainant and respondent
shall be notified of the time and place of the conciliation meeting
by registered or certified mail at least seven calendar days prior
thereto and both parties shall appear at the meeting in person or
by attorney; or
(b)
That attempts at conciliation would not further the objectives
of this chapter, or that the complaint cannot be resolved by conciliation,
the Administrator shall report and transfer the complaint and filings
to the Fair Housing Review Board.
(3)
The Administrator shall attempt by all accepted methods of conciliation
and lawful persuasion to resolve the grievance delineated in the complaint.
(4)
Nothing occurring at the conciliation meeting shall be made
public or used as evidence in a subsequent proceeding for the purpose
of proving a violation under this chapter unless the complainant and
respondent agree, in writing, that such disclosure be made.
(5)
An agreement arising out of such conciliation shall be treated as a settlement pursuant to Subsection J of this section.
(6)
A conciliation may provide for binding arbitration of the dispute
arising from the complaint. Any such arbitration that results from
a conciliation agreement may award relief as provided for in this
chapter.
H.
Hearing on complaint.
(1)
Within 15 days of receiving a complaint from the Administrator,
the Fair Housing Review Board shall, upon due and reasonable notice
to all parties, schedule a public hearing on the complaint. The public
hearing shall be scheduled no sooner than 30 days from the date of
the notice, nor later than 60 days from the date of the notice.
(a)
All parties shall be entitled to be represented by legal counsel,
and shall have the right to call witnesses in their own behalf and
to cross-examine witnesses. All parties to the proceedings may apply
to the Fair Housing Review Board to have subpoenas issued in the name
of the Fair Housing Review Board. Testimony taken at the hearing shall
be under oath or affirmation and a transcript shall be made and filed
in the office of the Administrator.
(b)
At least a quorum of the Fair Housing Review Board must attend
all proceedings. This quorum must be comprised of the same members
throughout the proceedings, though others may attend as they wish.
(2)
Within 15 days of the transfer of a complaint from the Administrator
to the Fair Housing Review Board, a complainant or respondent may
elect to remove the hearing on the complaint to the Circuit Court.
Notice of such election shall be served, in writing, on the Administrator
and all parties. Civil action for enforcement when election is made
for such civil action:
(a)
If such election is made, the Village shall authorize, and not
later than 30 days after the election is made the Village Attorney
or his designee shall commence and maintain, a civil action on behalf
of the aggrieved person in a court of competent jurisdiction seeking
relief under this subsection, at the expense of the Village.
(b)
Any aggrieved person with respect to the issues to be determined
in a civil action under this subsection may intervene as of right
in that civil action.
I.
Decision.
(1)
The Fair Housing Review Board shall issue a written decision within 30 days of the conclusion of the public hearing and, if practicable, not later than one year after the date of receipt of the complaint. The decision shall include a summary of the testimony, exhibits admitted into evidence, and a finding of whether a violation of the ordinance was proven by a preponderance of the evidence. If a violation is found, the decision shall also contain an order of the relief that may include one or more of the elements provided for in § 146-1-10. If it is not practicable to issue the decision within one year of the date of receipt of the complaint, the Fair Housing Review Board shall notify the complainant and respondent, in writing, of the reasons for not doing so.
(2)
If the Administrator determines that a respondent has not complied
in a timely manner with the decision, the Administrator shall refer
the matter to the Municipal Attorney who shall seek judicial enforcement
of the decision.
J.
Settlement.
(1)
Circumstance. A settlement of any complaint may be effected,
upon agreement of the complainant and respondent and the approval
of the Fair Housing Review Board, at any time prior to a decision
by the Fair Housing Review Board.
(2)
Disclosure. Each settlement agreement shall be made public unless
the complainant and respondent otherwise agree and the Administrator
determines that disclosure is not required to further the purpose
of this chapter.
(3)
Form. Settlements of complaints prior to the issuing of a decision
shall be issued in writing by the Administrator, signed by the parties,
and submitted by the Administrator to the Fair Housing Review Board
for approval.
(4)
Settlements approved by the Fair Housing Review Board for approval.
Settlements approved by the Fair Housing Review Board shall have the
same force and effect as orders issued by the Fair Housing Review
Board.
(5)
Settlement violation. When either party alleges that a settlement
order has been violated, the Administrator shall conduct an investigation
into the matter. If substantial evidence demonstrates that a settlement
has been violated, the Administrator shall refer the matter to the
Municipal Attorney for enforcement in the Circuit Court in which the
respondent or complainant resides or transacts business or in which
the alleged violation took place.
Any person violating any provision of this chapter may be directed
by the Fair Housing Review Board to:
A.
Any person aggrieved by the decision of the Fair Housing Review Board
shall have the right to appeal its decision in accordance with the
following procedure:
(1)
First, aggrieved persons shall seek reconsideration by the full
board of the Fair Housing Review Board. This proceeding shall be initiated
by filing with the Administrator, within seven calendar days of the
decision, a written statement setting forth specifically the grounds
for reconsideration. The appellee may, within seven days after the
filing of the above written statement for reconsideration, file a
response. The grounds and any response shall be supported by argument
and served on all parties at the time they are filed with the Administrator.
The Fair Housing Review Board, after reviewing the statement and any
response, shall within 28 calendar days of the filing of the statement,
and with notice to all parties and the Administrator:
(2)
If the Fair Housing Review Board affirms its decision and denies reconsideration, then aggrieved persons may appeal to the Mayor and Trustees. The appeal shall be initiated within seven calendar days after the final decision of the Fair Housing Review Board, by filing with the Administrator a written statement and any response as delineated in Subsection A(1) above.
(3)
After a decision by the Mayor and Trustees, the aggrieved person
may apply for judicial consideration as provided by law.
