[HISTORY: Adopted by the President and Village Board of the
Village of Brownstown. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Fair Housing
Code of the Village."
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
It is hereby declared to be the policy of the Village and the
purpose of this chapter to ensure that the Village, in the exercise
of its police and regulatory powers for the health, morals, and protection
of the public's safety and health and welfare of persons residing
within the Village and for the maintenance and promotion of commerce,
industry and good government in the Village, to secure for and assure
to all persons living in or desiring to live in the Village an equal
and fair opportunity to purchase, lease, rent, or occupy housing within
the Village, regardless of race, color, religion, national origin,
or ancestry, sex, creed or physical or mental disability. Consequently,
it is further the Board's policy that no owner, lessee, sublessee,
assignee, managing agent or other person, firm or corporation having
the right to sell, rent, lease or otherwise control any housing accommodation
or real property within the Village or any agent of such individual
shall refuse to sell, rent, lease, or otherwise deny to or withhold
from any person or group of persons such housing accommodations or
real property because of race, color, religion, national origin, or
ancestry, sex, creed or physical or mental disability of such person
or persons, nor shall they discriminate against any such person or
persons because of race, color, religion, national origin, or ancestry,
sex, creed, or physical or mental disability in the conditions, terms,
privileges of sale, rental or lease of any housing accommodation or
real property or in the furnishing of facilities or services in connection
therewith. Finally, relocation within the Village shall be effectuated
in a manner which will promote maximum choice within the community's
total housing supply and that will lessen racial, ethnic and economic
concentrations and facilitate desegregation and racially inclusive
patterns of occupancy and use of public and private facilities.
This chapter shall be construed according to the fair import
of its terms and shall be liberally construed to further the purposes
and policy stated in § 14-1-2 and the special purposes of
the particular provision involved.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
Any building or structure, or portion thereof, within the
Village which is arranged, designed or used as a home, residence or
living quarters of one or more individuals.
Includes any building or structure, or portion thereof, within
the 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 which is zoned and intended to be used for
the construction of any such building or structure.
Includes sublease, assignment, and rent (or rental), and
includes any contract to do any of the foregoing.
Any bank, insurance company, savings and loan association,
other person in the business of lending money or guaranteeing loans,
any person in the business of obtaining, arranging or negotiating
loans or guarantees as agent or broker, and any person in the business
of buying or selling loans or instruments for the payment of money
which are secured by title to a security interest in real estate,
but shall not include any religious institution or organization nor
any charitable or educational organization operated, supervised or
controlled by a religious institution or organization.
Includes the national origin of an ancestor.
Any person who holds legal or equitable title to, or owns
any beneficial interest in, any dwelling or housing, or 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.
Includes one or more individuals, corporations, partnerships,
associations, legal representatives, mutual companies, unincorporated
organizations, trusts, trustees, trustees in bankruptcy, receivers
and fiduciaries.
Includes any contract to purchase.
Any real estate broker, and 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.
Any person licensed as a real estate broker in accordance
with the provisions of the Illinois Compiled Statutes, or required
thereby to be so licensed.
Any person licensed as a real estate salesman in accordance
with the provisions of the Illinois Compiled Statutes, or required
thereby to be so licensed.
The purchase, sale, exchange, or lease of any dwelling or
housing, and an option to do any of the foregoing.
Includes any contract to sell, exchange, or to convey, transfer
or assign legal or equitable title to or a beneficial interest in
real estate.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
It shall be an unlawful housing practice and a violation of
this chapter 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, national origin, or ancestry,
sex, creed or physical or mental disability.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
It shall be an unlawful housing practice and a violation of
this chapter 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, national origin, or ancestry,
sex, creed or physical or mental disability 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 occupy 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.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
It shall be an unlawful housing practice and a violation of
this chapter 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,
national origin, or ancestry, sex, creed or physical or mental disability.
It shall be an unlawful housing practice and a violation of
this chapter for any owner or other person 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 this chapter.
It shall be an unlawful housing practice and a violation of
this chapter for any owner or other person 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 this chapter, or to consent thereto.
It shall be an unlawful housing practice and a violation of
this chapter for any owner or other person 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 chapter.
This chapter 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 or any lineal descendant or ancestor of the owner.
Nothing in this chapter 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 chapter. Nor shall this
chapter 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 chapter 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.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
It shall be an unlawful housing practice and a violation of
this chapter 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,
national origin, or ancestry, sex, creed or physical or mental disability.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
It shall be an unlawful housing practice and a violation of
this chapter 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, national origin, or ancestry, sex, creed or
physical or mental disability of the person making such offer.
It shall be an unlawful housing practice and a violation of
this chapter for any real estate agent or other person 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 this chapter.
It shall be an unlawful housing practice and a violation of
this chapter for any real estate agent or other person to post or
erect, or cause or permit any person to post or erect, any sign or
notice upon any dwelling or housing, other person, indicating an intent
to sell or lease any dwelling or housing in a manner that is unlawful
under this chapter.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
It shall be an unlawful housing practice and a violation of
this chapter for any lending institution, in making, agreeing to make,
arranging, or negotiating any loan or guarantee of funds for the purpose
of financing the purchase or sale, construction, lease, rehabilitation,
improvement, renovation or repair of any dwelling or housing, to offer,
seek or agree to terms, conditions or privileges that discriminate
between persons because of race, color, religion, national origin,
or ancestry, sex, creed or physical or mental disability.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
It shall be an unlawful housing practice and a violation of
this chapter for any lending institution to refuse to negotiate for,
enter into or perform any agreement to lend or guarantee the loan
of funds for the purchase, sale, construction, lease, rehabilitation,
improvement, renovation or repair of any dwelling or housing because
of the race, color, religion, national origin, or ancestry, sex, creed
or physical or mental disability of any party to such agreement or
of any member of the family of any such party, or of the residents
of the area in which such dwelling or housing is located.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
This chapter shall apply, respectively, to every real estate
agent who, within the Village, performs any function as such real
estate agent but does not maintain an office or place of doing business
within the Village, and this chapter applies to every real estate
agent and lending institution who maintains an office of place of
doing business within the Village; provided, however, that the provisions
of this chapter 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 with respect to limitations or exclusions other than those
of race, color, religion, national origin, or ancestry, sex, creed
or physical or mental disability.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
It shall be an unlawful housing practice and a violation of
this chapter 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)Â
To represent that a change has occurred, will occur or may occur
with respect to the race, color, religion, national origin, or ancestry,
sex, creed or physical or mental disability in composition of the
owners or occupants in any block, neighborhood or area in which the
dwelling or housing (which is the subject of the real estate transaction)
is located; or
(B)Â
To represent that a change with respect to the race, color,
religion, national origin, or ancestry, sex, creed or physical or
mental disability in the composition of the owners or occupants in
any block, neighborhood or area will result in lowering of property
values, or in an increase in criminal or anti-social behavior, or
in a decline in the quality of schools, in such block, neighborhood
or area.
It shall be an unlawful housing practice and a violation of
this chapter for any person:
(A)Â
To aid, abet, incite, or coerce a person to engage in unlawful
housing practice;
(B)Â
To willfully interfere with the performance of a duty or the
exercise of a power by the Village Board or one of its members or
representatives; or
(C)Â
To willfully obstruct or prevent a person from complying with
the provisions of this chapter or an order issued thereunder.
(A)Â
Any person aggrieved in any manner by a violation of any provisions
of this chapter may file with the Village Board a written verified
complaint setting forth his grievance. The complaint shall state:
(1)Â
The name and address of the complaint;
(2)Â
The name and address of the person against whom the complaint
is brought, if known to the complainant; and
(3)Â
The alleged facts surrounding the alleged violation of this
chapter; and such complaint shall state the name and address of all
persons believed to have knowledge concerning the alleged facts.
(B)Â
After the filing of any complaint, the Village Board shall serve
a copy of the complaint on the party or parties charged.
(A)Â
Such hearing shall be conducted by the Village Board upon due
and reasonable notice to all parties. The Village Board shall have
power to administer oaths and to take sworn testimony. Any party alleged
to have violated this chapter shall be entitled to be represented
by counsel and shall have the right to call witnesses in his own behalf
and to cross-examine witnesses.
(B)Â
At the conclusion of such hearing, the Village Board shall render
the complainant a decision.
(A)Â
The Village Board shall be empowered to 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 chapter.
(B)Â
The Village Board shall be empowered at the conclusion of proceedings
held under § 14-1-24, to direct the Village Attorney to
do any one or more of the following:
(1)Â
To institute and prosecute proceedings to enforce, against any
person found in violation of this chapter, the fine provided for in
§ 14-1-27 below;
(3)Â
To petition or institute proceedings with the Department of
Financial and Professional Regulation 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 chapter.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(4)Â
In the case of any unlawful housing practice or violation of
this chapter 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 chapter.
(C)Â
The Village Board may issue such cease-and-desist orders and
may direct such action by the Village Attorney, as shall be necessary
for the enforcement of this chapter.
Any person aggrieved in any manner by the violation of any provision
of this chapter who has exhausted the remedies provided in § 14-1-24
of this chapter may apply to any court of competent jurisdiction for
appropriate relief from such violation, including:
(A)Â
An order compelling compliance with this chapter;
(B)Â
An order to prohibit any person found by the court to have violated
any provision of this chapter from the sale, lease, exchange, transfer,
conveyance or assignment of any dwelling or housing which is the subject
of such violation;
(C)Â
An order requiring specific performance of any contract for
the sale, lease, exchange, transfer, conveyance or assignment of any
dwelling or housing or any person who, in violation of this chapter,
refuses or fails to perform such contract;
(D)Â
Compensatory damages; and
(E)Â
Such other and further relief as may seem to the court appropriate
for the enforcement of this chapter and the elimination of violations
hereof.
Any person who violates any provision of this chapter shall
be subject to a fine of not less than $100 or more than $1,500.
