[2-21-2000]
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 Municipality 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, physical or mental disability, familial status, marital
status, national origin, or age, and to secure to its citizens the
economic, social and professional benefits of living in a stable,
integrated society.
[2-21-2000]
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.
[2-21-2000]
If any court of competent jurisdiction shall adjudge any provisions
of this chapter to be invalid, such judgment shall not affect any
other provision of this chapter not specifically included in said
judgment. If any court of competent jurisdiction shall adjudge invalid
the application of any provision of this chapter to any person or
circumstance, such judgment shall not affect the application of said
provision to any other person or circumstance not specifically included
in said judgment.
[2-21-2000; amended 10-1-2001]
As used in this chapter, the following terms have the following
meanings:
ACCESSIBLE
That the public or common use areas of a building can be
approached, entered, and used by individuals with physical disabilities.
ACCESSIBLE ROUTE
A continuous unobstructed path connection 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.
ADJUDICATIVE AGENCY
The agency designated by the "corporate authorities" of the
municipality to conduct hearings and adjudicate charges of violations
of this chapter.
ADMINISTRATOR
The person designated by the corporate authorities of the
municipality to administer the provisions of this chapter.
AFFIRMATIVE MARKETING
Attempting to attract all prospective buyers and renters
with special efforts to attract persons of a race or national origin
least likely to apply through the normal operations of the marketplace.
AGENT
See "Real estate broker."
AGGRIEVED PARTY/PERSON
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.
BROKER
Includes any person authorized by the State of Illinois 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.
BUILDING
A structure, facility, or portion thereof that contains or
serves as a dwelling unit.
BUILDING ENTRANCE ON AN ACCESSIBLE ROUTE
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.
CHARGE
An allegation contained in a complaint.
CIVIL RIGHTS VIOLATION
Includes and shall be limited to only those specific acts
set forth in Articles B, C and D of this chapter.
COMMON USE AREAS
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.
COMPLAINT
The document filed by a complainant with the Village Clerk.
CONCILIATION
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 staff of the Village.
CONTROLLED SUBSTANCE
Any drug or other substance or immediate precursor included
in the definition in § 102 of the Controlled Substances
Act (21 U.S.C. § 802).
DISABILITY ("handicap" in the Fair Housing Act as amended)
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:
A.
An actual or prospective buyer, rental or borrower; or
B.
An individual residing in or intending to reside in the dwelling
with the buyer, renter or borrower after the dwelling is sold, rented
or made available; or
C.
Any individual associated with the buyer, renter or borrower.
DISCRIMINATE
To treat any person differently from others because of race,
color, religion, sex, physical or mental disability, familial status,
marital status, national origin or age.
DWELLING
Any building structure or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence, 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.
ENTRANCE
Any access point to a building or portion of a building used
by residents for the purpose of entering.
EXTERIOR
All areas of the premises outside of an individual dwelling
unit.
FAMILIAL STATUS
A.
One or more individuals who have not attained the age of 18
years being domiciled with:
1.
A parent or a person having legal custody of such individual
or individuals;
2.
The designee of such parent or other person having such custody,
with the written permission of such parent or other person; or
B.
Persons who are pregnant or in the process of securing legal
custody of any individual who has not attained the age of 18.
FINANCIAL INSTITUTION
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.
HEARING
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.
HEARING AGENCY
The agency that may be designated by the corporate authorities
of the municipality to conduct hearings on, and adjudicate the question
of, ordinance violations.
HOUSING ACCOMMODATION
Includes any improved or unimproved real property or part
thereof which is used or occupied or is intended, arranged or designated
to be used or occupied as the home or residence of one or more individuals.
HOUSING FOR OLDER PERSONS
A.
All housing that is provided under state and federal programs
for elderly persons as defined by the specific programs, providing
U.S. HUD approval has been secured; or
B.
Housing that is intended for, and solely occupied by persons
62 years of age or older; or
C.
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.
INTERIOR
The spaces, parts, components or elements of an individual
dwelling unit.
LEASE
Includes any sublease, assignment or rental and any contract
to enter into any of the foregoing.
LOAN
Includes, but is not limited to, the providing of funds,
for consideration, which are:
A.
Sought for the purpose of purchasing, constructing, improving,
repairing or maintaining a housing accommodation;
B.
Sought for any commercial or industrial purposes;
C.
Secured by residential real estate.
MARITAL STATUS
The legal status of being married, single, separated, divorced
or widowed.
MODIFICATION
Any change to the public or common use areas of a building
or any change to a dwelling unit.
NATIONAL ORIGIN
The place in which a person or one of his or her ancestors
was born.
OFFER
Includes every attempt by means of written or oral communications
to present for acceptance or rejection, to hold out of 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.
OWNER
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 equity
which owns any real estate.
PERSON
Includes one or more individuals, corporations, partnerships,
associations, 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.
PERSON IN THE BUSINESS OF SELLING OR RENTING DWELLINGS
Any person who:
A.
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
B.
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
C.
Is the owner of any dwelling designed or intended for occupancy.
PHYSICAL OR MENTAL DISABILITY ("handicap" or "impairment")
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; genito-urinary; 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. This shall also include persons who have tested
HIV-positive and those persons suffering from impairment as a result
of prior use or addiction to an illegal controlled substance.
PREMISES
The interior or exterior spaces, parts, components or elements
of a building, including individual dwelling units.
PUBLIC USE AREAS
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.
REAL ESTATE BROKER, AGENT OR SALESPERSON
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 or attempts to negotiate
any of those activities or who holds himself out as engaged in these.
REAL ESTATE TRANSACTION
The purchase, sale or 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 or secured by residential real estate.
REAL PROPERTY
Includes buildings, structures, real estate, lands, tenements,
lease holds, and hereditaments, corporeal and incorporeal, or any
interest therein.
RELIGION
Includes all aspects of religious observance and practice,
as well as belief; and all aspects of religious non-observance, non-practice
and non-belief.
RENT
To lease, sublease, let, and otherwise grant for consideration
the right to occupy premises not owned by the occupant.
RESPONDENT
A.
The person or other entity against whom a discriminatory housing
practice has been alleged in a complaint;
B.
Any other person or entity identified in the course of investigation
and notified as required in this chapter.
SALE
Includes any contract to sell, exchange or to convey, transfer
or assign legal or equitable title to or a beneficial interest in
real property.
SEX
The status of being male or female.
SOLICIT or SOLICITATION
A.
Any communication by or on behalf of a real estate agent with
the owner or occupant of a dwelling:
1.
Which is intended to induce the sale or rental of such dwelling;
2.
Which is intended to offer or promote services in connection
with the sale, rental or listing of such dwelling; and
3.
Which is carried out by means of:
a.
In-person contacts at the dwelling;
b.
Written material mailed or delivered directly to the dwelling,
such as direct mail, leaflets or pamphlets; or
c.
Telephone contacts with owners or occupants of the dwelling.
B.
For purposes of this chapter, the term "solicit" or "solicitation"
shall not refer to communication carried out by means of print or
electronic media of general circulation, such as a newspaper, radio,
television or the yellow pages.
VARYING TERMS AND CONDITIONS
Includes, but is not limited to, the following practices:
A.
Requiring a greater down payment than is usual for the particular
type of a loan involved.
B.
Requiring a shorter period of amortization than is usual for
the particular type of loan involved.
C.
Charging a higher interest rate than is usual for the particular
type of loan involved.
D.
Under-appraising of real estate or other items of property offered
as security.