Lincolnwood

Chapter 15, MISCELLANEOUS REGULATIONS

Article 6, FAIR HOUSING

15-6-1: PURPOSE AND POLICY: back to top

It is hereby declared to be the public policy of this village and the purpose of this article, in the exercise of its powers under article VII, section 6(a) of the Illinois constitution and its power to regulate for the protection of the public health, safety, morals and welfare: to ensure fair housing and the freedom from discrimination throughout the community; to protect the community from the effects of residential segregation by race, color, religion, sex, national origin, ancestry, age, marital status, familial status, physical or mental disability, military status, and to secure to its citizens the economic, social and professional benefits of living in a stable society. (Ord. 99-2468, 12-16-1999)

15-6-2: DEFINITIONS: back to top

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

LEASE: Includes sublease, assignment, or rental and includes any contract to do any of the foregoing.

NATIONAL ORIGIN: Includes the national origin of an ancestor.

OWNER: Any person who holds legal or equitable title to, or owns any beneficial interest in, any real property or who holds legal or equitable title to shares of, or holds any beneficial interest in, any real estate cooperative which owns any real property.

PERSON: Includes one or more individuals, corporations, partnerships, associations, limited liability companies, legal representatives, mutual companies, unincorporated organizations, trusts, trustees, trustees in bankruptcy, receivers and fiduciaries.

PURCHASE: Includes any contract to purchase

REAL ESTATE TRANSACTION: The purchase, sale, exchange, rental or lease of any real property, or an option to do any of the foregoing.

REAL PROPERTY: Any real estate, vacant land, building or structure within the village limits.

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. (Ord. 99-2468, 12-16-1999)

15-6-3: UNLAWFUL REAL ESTATE PRACTICES: back to top

The following acts, as set forth in sections 15-6-4 through 15-6-11 of this article, are prohibited acts by an owner, real estate broker, real estate salesperson or any other person acting as an agent for the owner of any real estate and are hereby declared to constitute unlawful real estate practices, and the commission or omission of any of these acts shall be deemed a violation of this article. (Ord. 99-2468, 12-16-1999)

15-6-4: WITHHOLDING HOUSING: back to top

It shall be unlawful and an unlawful real estate practice for any person to represent to any person that any real property is not available for inspection, purchase, sale, lease, or occupancy when in fact it is so available, or otherwise to withhold real property from any person because of race, color, religion, sex, national origin, ancestry, age, marital status, familial status, physical or mental disability, or military status. (Ord. 99-2468, 12-16-1999)

15-6-5: REFUSAL OF OFFERS: back to top

It shall be unlawful and an unlawful real estate practice 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 real property because of the race, color, religion, sex, national origin, ancestry, age, marital status, familial status, physical or mental disability, or military status of the person making such offer. (Ord. 99-2468, 12-16-1999)

15-6-6: REFUSAL TO NEGOTIATE: back to top

It shall be unlawful and an unlawful real estate practice for any person to refuse to negotiate for, enter into, or perform any sale or rental of any real property, because of the race, color, religion, sex, national origin, ancestry, age, marital status, familial status, physical or mental disability, or military status of any party to such sale or rental, 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 real property, or of any person using or occupying any real property in the area in which such real property is located. (Ord. 99-2468, 12-16-1999)

15-6-7: DISCRIMINATORY TERMS: back to top

It shall be unlawful and an unlawful housing practice for any person to sell or rent or offer to sell or rent real property on terms, conditions or privileges that discriminate between persons because of race, color, religion, sex, national origin, ancestry, age, marital status, familial status, physical or mental disability, or military status. (Ord. 99-2468, 12-16-1999)

15-6-8: DISCRIMINATION IN LENDING: back to top

It shall be unlawful and an unlawful real estate practice for any lending institution to refuse to negotiate for, enter into or perform any agreement to lend or guarantee the loan of funds, or 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 real property, or to offer or agree to terms, conditions or privileges that discriminate between persons because of race, color, religion, sex, national origin, ancestry, age, marital status, familial status, physical or mental disability, or military status 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 real property is located. (Ord. 99-2468, 12-16-1999)

15-6-9: REPRESENTATION: back to top

It shall be unlawful and an unlawful real estate practice for any person, for the purpose of inducing any other person to enter into a real estate transaction with such person, his or her principal or his or her agent:

(A) To represent that a change has occurred, will occur or may occur with respect to race, color, religion, sex, national origin, ancestry, age, marital status, familial status, physical or mental disability, or military status in the composition of the owners or occupants in any block, neighborhood or area in which the real property (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, sex, national origin, ancestry, age, marital status, familial status, physical or mental disability, or military status 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 blocks, neighborhood or area. (Ord. 99-2468, 12-16-1999)

15-6-10: MISCELLANEOUS VIOLATIONS: back to top

It shall be unlawful and an unlawful real estate practice for any person:

(A) To aid, abet, incite or coerce a person to commit an unlawful real estate practice.

(B) To deliberately and knowingly refuse examination of copies of any listing of real property in the village to any person because of race, color, religion, sex, national origin, ancestry, age, marital status, familial status, physical or mental disability, or military status.

(C) To enter into a listing agreement which prohibits the inspection, sale, lease or occupancy of real property to any person because of race, color, religion, sex, national origin, ancestry, age, marital status, familial status, physical or mental disability, or military status.

(D) To knowingly and wilfully interfere with the performance of a duty or exercise of a power of the corporate authorities in a fair housing matter. (Ord. 99-2468, 12-16-1999)

15-6-11: EXEMPTIONS: back to top

No provision of this article shall be construed to prohibit any of the following:

(A) Restricting rental or sale of a housing accommodation is authorized, approved, financed or subsidized in whole or in part for the benefit of that age group by a unit of state, local or federalgovernment; or when the duly recorded initial declaration of a condominium or community association limits such housing accommodations to persons above the age of fifty (50), provided, that a person or the immediate family of a person owning or renting a unit in such housing accommodation prior to the recording of the initial declaration shall not be deemed to be in violation of the age restriction as long as the person or person's immediate family continues to own or reside in the housing accommodation.

(B) A religious organization, association or society, or any not-for-profit 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 a dwelling which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, religion or national origin.

15-6-12: COMPLAINT PROCEDURE: back to top

Any person who claims to have been injured by an unfair real estate practice or believes that he or she will be irrevocably injured by an unfair real estate practice that is about to occur may file a complaint within sixty (60) days of the alleged violation, with the village.

(A) The complaint shall be in writing, under oath, and shall contain such information and be in such form as the village requires including, but not limited to, the name and address of the complainant and of every person against whom the complaint is made, and shall set out the facts giving rise to the complaint. The complaint form must be completed in order to file a claim with the village of Lincolnwood. Questions or completed complaint forms should be directed to: Office of the Village Administrator, Village of Lincolnwood, 6900 Lincoln Avenue, Lincolnwood, IL 60712, (847) 673-1540.

(B) Within fifteen (15) days of receipt of such a complaint the village shall serve or cause to be served, in person, or by certified mail, a copy of the complaint on the person or persons who allegedly committed or are about to commit the alleged unfair real estate practice.

1. If, in the course of the investigation, the village administrator determines that the complaint does not constitute a violation of this article, the village administrator shall dismiss the complaint.
2. If, in the course of the investigation, the village administrator determines that the complaint constitutes a violation of this article, the village administrator shall try to eliminate or correct the alleged unfair real estate practice by means of voluntary and informal methods of conference, conciliation and persuasion.

(D) No person shall refuse or fail to comply with any subpoena, order or decision issued in the course of or as a result of an investigation of a complaint. (Ord. 99-2468, 12-16-1999)

15-6-13: CONCILIATION: back to top

(A) If the village administrator determines that a conciliation conference is necessary, the village administrator shall: 1. Notify the complainant and respondent of the time, place and date of the conciliation session at least ten (10) days prior thereto, and either or both parties shall appear at the conciliation session in person or by attorney; and 2. Attempt by all accepted methods of conciliation and lawful persuasion to resolve the grievance delineated in the complaint.

(B) Nothing said or done in the course of such informal conciliation endeavors may be made public or used as evidence in a subsequent proceeding under this section without the written consent of the persons concerned.

(C) If, within sixty (60) calendar days after a charge has been received or initiated the administrator determines that attempts at conciliation would not be in furtherance of the objectives of this article, or that the complaint cannot be resolved by conciliation, the administrator shall so report to the village board. (Ord. 99-2468, 12-16-1999)

15-6-14: VILLAGE BOARD ACTION: back to top

The village board of trustees within sixty (60) calendar days of receiving the matter from the village administrator may direct that the matter be filed in the appropriate court of competent jurisdiction in the manner and form set forth in section 15-6-17 of this article, or alternatively set the matter for a hearing before the board of trustees.

(A) The president and board of trustees, or a duly appointed committee thereof, shall, upon due and reasonable notice to all parties, conduct a hearing on the complaint.

1. 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.
2. All parties to the proceedings may apply to the village board of trustees to have subpoenas issued in the name of the village board.
3. Testimony taken at the hearing shall be under oath or affirmation, and the transcript shall be made and filed in the office of the village administrator.
4. No fewer than three (3) of the same members of the village board, or a duly appointed committee thereof, must be present at all times. Only those members who have attended all hearings on a matter shall participate in the determination of the complaint.

(B) When all testimony has been taken, the president and board of trustees shall render their decision in a written report with findings of fact that shall be served upon the complainant and the respondent by certified mail, within sixty (60) calendar days following the closing of the hearing.

1. If the village board finds that the respondent has not engaged in any violation of this article, it shall dismiss the complaint.
2. If the village board finds that the respondent has engaged in a violation of this article, it shall:

(a) Institute proceedings to enforce the provisions of this article against any person found in violation.
(b) Apply to any court of competent jurisdiction for:

(1) An order restraining any person from violating any provision of this article; or
(2) Such other or further relief as may seem to the court appropriate for the enforcement of this article and the elimination of violations including, but not limited to, actual damages and/or attorney fees/costs for award to the complainant.

(c) Notify the appropriate state of Illinois licensing agency of such violation as set forth in section 15-6-19 of this article. (Ord. 99-2468, 12-16-1999)

15-6-15: APPEAL PROCEDURE: back to top

Any person aggrieved by the decision of the village board shall have the right to appeal for reconsideration by the full village board. This appeal shall be initiated by filing with the village administrator, within seven (7) calendar days of the village board's decision a written statement, under oath, setting forth specifically the grounds for reconsideration. These grounds shall be supported by argument and served on all parties at the time they are filed with the village administrator. The village board, after reviewing the statement shall:

(A) Render a revised decision notifying all parties within thirty (30) calendar days of the filing of the statement for reconsideration;

(B) Issue and serve on all parties a written order for rehearing the case, citing the cause and additional evidence; or

15-6-16: JUDICIAL RELIEF: back to top

Any person aggrieved by the violation of any provision of this article, who has exhausted the remedies provided by this article, may apply to any court of competent jurisdiction for appropriate relief from such violation, including:

(A) An order compelling compliance with this article;

(B) Compensatory/punitive damages; or

(C) Such other and further relief as may seem appropriate to the court for the enforcement of this article and the elimination of violations of this article. (Ord. 99-2468, 12-16-1999)

15-6-17: CIRCUIT COURT COMPLAINTS: back to top

(A) If, within sixty (60) days after the initial complaint is filed, the village administrator has been unable to obtain voluntary compliance with this section, the village, in lieu of the procedure set forth in section 15-6-14 of this article may file a complaint with the appropriate division of the circuit court of Cook County in the manner provided for the filing of ordinance violation complaints in the name of the village. If, during the course of the proceeding, compliance with this article is obtained or the person aggrieved desires to withdraw his complaint, the village attorney may nonsuit or otherwise dismiss the complaint.

(B) Nothing contained in this article shall be construed so as to preclude any aggrieved person from pursuing such other and further legal and equitable relief to which he may be entitled with a court or agency of competent jurisdiction. (Ord. 99-2468, 12-16-1999)

15-6-18: PENALTIES: back to top

Any person, firm, corporation or other entity upon conviction of a violation of this article shall be fined not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00). Any person, firm, corporation or other entity upon a second conviction of a violation of this article shall be fined not less than two hundred fifty dollars ($250.00) or more than one thousand dollars ($1,000.00) and the fine for a third or subsequent conviction shall be one thousand dollars ($1,000.00). A separate offense shall be deemed committed on each day or part thereof on which a violation occurs or continues or is permitted to occur or continue. (Ord. 99-1468, 12-16-1999)

15-6-19: NOTICE OF FINDING OF VIOLATION: back to top

The president and board of trustees shall notify the Illinois office of banks and real estate (or any other appropriate agency of the state of Illinois) of any licensed real estate broker or salesperson found to have violated any provision of this article. (Ord. 99-2468, 12-16-1999)

15-6-20: SEVERABILITY: back to top

If any section, subdivision, paragraph, sentence or clause of this article is for any reason to be invalid or unconstitutional, such decision shall not affect any remaining portion, section or part thereof. (Ord. 99-2468, 12-16-1999)