[Ord. 286, 11-6-1989]
This chapter shall be known and may be cited as the FAIR HOUSING
ORDINANCE OF THE CITY OF LINCOLN, ILLINOIS.
[Ord. 286, 11-6-1989]
It is hereby declared to be the policy of the City and the purpose
of this chapter, in the exercise by the City of its police and regulatory
owners for the protection of the public safety, for the health, morals,
safety and welfare of the persons in and residing in the City, and
for the maintenance and promotion of commerce, industry and good government
in the City, to secure to all persons living or desiring to live in
the City, a fair opportunity to purchase, lease, rent or occupy housing
without discrimination based on race, color, religion or national
origin.
[Ord. 286, 11-6-1989]
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 Section 6-5-2 of this chapter and the special purposes of the particular provision involved.
[Ord. 286, 11-6-1989]
If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, the remainder of the
chapter and the application of the provision to other persons not
similarly situated or to other circumstances shall not be affected
thereby.
[Ord. 286, 11-6-1989]
For purposes of this chapter:
Any building or structure, or portion thereof, within the
City, 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 City, 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 City 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, 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.
Any person licensed as a real estate broker in accordance
with the provisions of 225 Illinois Compiled Statutes, or required
thereby to be so licensed.
Any person licensed as a real estate salesman in accordance
with the provisions of 225 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.
[Ord. 286, 11-6-1989]
(A)
Discriminatory Terms: 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, religion or national
origin.
(B)
Refusal To Deal: 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 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
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.
(C)
Withholding Housing: 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 or national origin.
(D)
Advertisements: 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 section.
(E)
Advertisements, Causing Or Permitting: 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 section
or to consent thereto.
(F)
Signs And Notices: 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 section.
(G)
Exemptions: This section 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.
(H)
Limitations: 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.
[Ord. 286, 11-6-1989]
(A)
Withholding Housing: 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 or national origin.
(B)
Refusals Of Offers: 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 or national origin of the person making
such offer.
(C)
Advertisements: 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 Section 6-5-6 of this chapter.
(D)
Signs And Notices: 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, 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 this section or Section 6-5-6 of this chapter.
(E)
Discrimination In Lending: 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 for 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
or national origin.
(F)
Refusals To Deal In Lending: 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 or national origin 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.
(G)
Coverage: This section shall apply, respectively, to every real estate
agent who, within the City, performs any function as such real estate
agent but does not maintain an office or place of business within
the City; and this section applies to every real estate agent and
lending institution who maintains an office or place of doing business
within the City; 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
or national origin.
[Ord. 286, 11-6-1989]
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)
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 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)
To represent that a change with respect to the race, color, religion
or national origin in the composition of the owners or occupants in
any block, neighborhood or area will result in the 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.
[Ord. 286, 11-6-1989]
It shall be an unlawful housing practice and a violation of
this chapter for any person:
(A)
To aid, abet, incite or coerce a person to engage in unlawful housing
practice;
(B)
Wilfully to interfere with the performance of a duty or the exercise
of a power by the City Council or one of its members or representatives;
or
(C)
Wilfully to obstruct or prevent a person from complying with the
provisions of this chapter or an order issued thereunder.
[Ord. 286, 11-6-1989]
Any person aggrieved in any manner by a violation of any provisions
of this chapter may file with the City Council a written verified
complaint setting forth his grievance. The complaint shall state:
a) the name and address of the complainant; b) the name and address
of the person against whom the complaint is brought, if known to the
complainant; and c) 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.
[Ord. 286, 11-6-1989]
(A)
The City Council 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)
The City Council shall be empowered to direct the City Attorney 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 chapter, the fine provided for in Section
6-15-14 of this chapter;
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 chapter.
4.
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.
[Ord. 286, 11-6-1989]
Any complaint filed hereunder with the City Council must be
filed within 14 calendar days after the alleged discriminatory practice
occurred or it shall be barred.
[Ord. 286, 11-6-1989]
Any person aggrieved in any manner by the violation of any provision
of this chapter may apply to any court of competent jurisdiction for
appropriate relief from such violation, including:
(A)
An order compelling compliance with this chapter;
(B)
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)
An order requiring specific performance of any contract for the sale,
lease, exchange, transfer, conveyance or assignment of any dwelling
or housing, by any person who, in violation of this chapter, refuses
or fails to perform such contract;
(D)
Compensatory damages; and
(E)
Such other and further relief as may seem to the court appropriate
for the enforcement of this chapter and the elimination of violations
hereof.
[Ord. 286, 11-6-1989]
Any person who violates any provision of this chapter shall
be subject to a fine not to exceed $500.
