Anti-Discrimination Center

Sec. 618-01. Declaration of policy. back to top

(a) It is hereby declared to be the policy of the Village that all persons shall be assured full and equal opportunity to consider all available housing and obtain fair and adequate housing for themselves and their families within the Village, without discrimination against them because of their race, color, religion, national origin, age, sex, marital status or handicap.

(b) It is hereby further declared to be the policy of the Village to take all actions necessary and proper to achieve the policy expressed in subsection (a) hereof.

(Ord. 567. Passed 1-11-83.)

Sec. 618-02. Construction of chapter. back to top

This chapter shall be liberally construed to further the purposes and policies stated herein.
(Ord. 567. Passed 1-11-83.)

Sec. 618-03. Definitions. back to top

As used in this chapter:

(a) "Board" means the Board of Trustees of the Village.

(b) "Commission" means the Human Relations Commission.

(c) "Discriminate" and "discrimination" mean to make a distinction in the treatment of any person solely or in part because of race, color, religion, national origin, age, sex, marital status or handicap. However, "discriminate" and "discrimination" do not include special outreach efforts to inform persons of minority groups of available dwelling opportunities in areas of majority group concentration, or to inform persons of the majority group of available dwelling opportunities in areas of minority group concentration.

(d) "Dwelling" means any building, structure or portion thereof which is occupied quote>

(c) To endeavor, by conciliation, to resolve any such complaints;

(d) To hold hearings and make findings of fact with respect to any such complaints;

(e) To subpoena witnesses, compel their attendance, administer oaths, take sworn testimony and, in connection therewith, to require the production for examination of any document relating to any matter under investigation or in question before the Commission, and to enforce such powers by proper petition to any court of competent jurisdiction;

(f) To recommend the issuance of orders, subject to approval by the Board of Trustees, and to publish its findings of fact and recommend orders in accordance with this chapter;

(g) To recommend to the Board, when it deems it to be necessary, educational and other programs designed to promote the purposes of this chapter.

(h) To recommend actions to obtain legislative, administrative or judicial relief, and to support such actions to the degree commensurate with the Commission's status as a Village Commission;

(i) To gather and provide for the exchange of information, relative to the provisions of this chapter, among real estate agents, lending institutions, developers, employers, municipal officials, community organizations and other persons with an interest in effective enforcement of this chapter;

(j) To render, at least once a year, to the Board, a written report of the Commission's activities and recommendations with respect to fair housing practices, which report shall be made public after submission to the Village;

(k) To adopt rules and regulations as may be necessary or desirable for the conduct of the Commission's business and to carry out the purposes of this chapter; and

(l) To do such other acts as are necessary and proper to perform those duties with which the Commission is charged under this chapter.

(Ord. 567. Passed 1-11-83.)

Sec. 618-09. Administration. back to top

The Village Manager or his or her designee shall have such duties, responsibilities and powers as are necessary for the implementation of this chapter and additionally as may be provided by the Board of Trustees.
(Ord. 567. Passed 1-11-83.)

Sec. 618-10. Complaints. back to top

Any person may charge a violation of any provision of this chapter or may charge that a violation will occur and cause irrevocable injury, by filing with the Human Relations Commission a written verified complaint setting forth his or her grievance within one hundred eighty (180) days of the alleged violation. Any complaint initiated by the Commission shall be signed by its Chairperson. The complaint shall state, on a printed form made available by the Commission, the name and address of the complainant, the name and address of the person alleged to have violated any of the provisions of this chapter and the particular facts thereof, and such other information as may be required by the Commission.
(Ord. 567. Passed 1-11-83.)

Sec. 618-11. Notice. back to top

Within fifteen (15) calendar days after a complaint has been filed, the Village Manager shall cause to be served, in person or by certified mail, a copy of the complaint on the person, hereinafter referred to as the "respondent," alleged to have violated any of the provisions of this chapter.
(Ord. 567. Passed 1-11-83.)

Sec. 618-12. Investigation. back to top

Within thirty (30) calendar days after a complaint has been received or initiated by the Human Relations Commission, the Commission shall commence an investigation of the complaint, having designated a panel, consisting of at least three members of the Commission, which shall determine whether:

(a) There are not reasonable grounds to believe that a violation of any of the provisions of this chapter has occurred, in which case the Commission shall dismiss the complaint, notifying the parties and advising the complainant of their right to appeal to the Board of Trustees, pursuant to Section 618-18; or

(b) There are reasonable grounds to believe that a violation of any of the provisions of this chapter has occurred, in which case the Commission shall proceed with the conciliation process set forth in Section 618-13.

(Ord. 567. Passed 1-11-83.)

Sec. 618-13. Conciliation. back to top

If the panel determines, pursuant to Section 618-12(b), that conciliation is appropriate, the panel shall:

(a) Notify the complainant and respondent of the time, place and date of the conciliation conference at least ten (10) days prior thereto, and both parties shall appear at the conciliation conference in person or by attorney; and

(b) Attempt to resolve the complaint by methods of conference, conciliation and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such conferences shall be made public unless the parties agree thereto in writing. The terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a consent agreement to be signed by the parties. Consent agreements recommended by the panel, and approved by a majority of the Human Relations Commission, shall be signed on behalf of the Commission by its Chairperson.

(c) If, within sixty (60) calendar days after a complaint has been received or initiated by the Commission, the complaint has not been resolved by conciliation, the panel shall so report to the Commission, which shall conduct a hearing pursuant to Section 618-15.

(Ord. 567. Passed 1-11-83.)

 

Sec. 618-14. Injunctive relief. back to top

At any time after the Human Relations Commission has determined, pursuant to Section 618-12(b), that there are reasonable grounds to believe that a violation of any of the provisions of this chapter has occurred, the Commission 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 from doing or causing any act which would render ineffectual a recommendation with respect to the complaint. Such petition shall contain a certification by the Commission that the particular matter involves exceptional circumstances in which irreparable injury will result from a violation of any of the provisions of this chapter in the absence of temporary relief. Such injunctive relief shall not exceed a five-day period, unless:

(a) A longer period is agreed to by the respondent; or

(b) The court finds that there is substantial evidence to demonstrate that the respondent has engaged in a violation of any of the provisions of this chapter.

(Ord. 567. Passed 1-11-83.)

Sec. 618-15. Hearings. back to top

Within thirty (30) calendar days after the panel refers a complaint to the Human Relations Commission, the Commission shall, upon due and reasonable notice to all parties, conduct a hearing on the complaint. Parties to the hearing shall be the complainant and respondent and such other persons as the Commission may deem appropriate. At least ten (10) days before the hearing, the Commission shall serve upon the respondent a statement of charges and a summons requiring the attendance of named persons and the production of relevant documents and records. The parties may apply to the Commission to have subpoenas issued in the Commission's name. Failure to comply with a summons or subpoena shall constitute a violation of this chapter. The parties may file such statements with the Commission as they deem necessary. The hearing shall be open to the public. At least four (4) of the same members of the Commission must be present at all times throughout the hearing. The parties may appear before the Commission in person or by duly authorized representative and may be represented by legal counsel. The parties shall have the right to present witnesses and cross-examine witnesses, and all testimony and evidence shall be given under oath or by affirmation. The Commission shall make a record of the hearing, a copy of which shall be available for public inspection, and the Commission shall provide such copy to any person upon request at a reasonable cost.
(Ord. 567. Passed 1-11-83.)

Sec. 618-16. Hearing decisions. back to top

Only those members of the Human Relations Commission who have attended all hearings on a complaint shall participate in the determination of the complaint. The decision shall be rendered to the Board of Trustees in the form of a written report which shall include findings of fact and recommendations as specified in Section 618-17. The report shall be served upon the parties by certified mail within fifteen (15) days of the close of the hearing. The report shall be available for public inspection, and the Commission shall provide a copy of such report to any person upon request at a reasonable cost.
(Ord. 567. Passed 1-11-83.)

Sec. 618-17. Recommendations and actions. back to top

(a) If the Human Relations Commission finds that the respondent has not engaged in a violation of any of the provisions of this chapter, it shall dismiss the complaint.

(b) If the Commission finds that the respondent has engaged in a violation of any of the provisions of this chapter, it shall recommend that the Board of Trustees and the Village Attorney:

(1) Institute proceedings to enforce the provisions of this chapter against any person found in violation;

(2) Issue an order requiring the respondent to cease and desist from violations of this chapter and to take such affirmative steps as are necessary to effectuate the purposes of this chapter, with notice that if the Commission determines that the respondent has failed to comply with the order after fifteen (15) calendar days, the Board shall institute proceedings to enforce the order;

(3) Issue an order providing for such other or further relief as may be appropriate for tile enforcement of this chapter;

(4) Apply to any court of competent jurisdiction for an order restraining any person from violating any of the provisions of this chapter or for such other or further relief as the court may deem appropriate for the enforcement of this chapter and the elimination of violations thereof, including, but not limited to, actual damages, punitive damages and/or attorney's fees and costs for award to the complainant;

(5) In the case of a violation of any of the provisions 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 or any agency or instrumentality thereof, petition or institute proceedings with such contracting agency for the purpose of causing it terminate such contract or any portion thereof, either absolutely or on condition of compliance with the provisions of this chapter; or

(6) Petition or institute proceedings with the State Department of Registration and Education to revoke, suspend or refuse to renew the license granted by such State agency to any person found to have violated any of the provisions of this chapter.

(Ord. 567. Passed 1-11-83.)

Sec. 618-18. Appeals to the board.
Any person aggrieved by a decision of the Human Relations Commission shall have the right to appeal to the Board of Trustees. This appeal shall be initiated by filing with the Village Clerk and serving on all parties, within seven (7) calendar days of the decision, a written statement, under oath, setting forth specifically the grounds for reconsideration and supporting these grounds with argument. The Board, within fourteen (14) calendar days of the filing of the statement, shall:

(a) Render a revised decision, notifying all parties and citing the reasons for the revision;

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

(c) Uphold the decision.

(Ord. 567. Passed 1-11-83.)

 

Sec. 618-19. Municipal action on recommendations. back to top

Upon receipt of any report finding a respondent in violation of any of the provisions of this chapter, and after consideration thereof at a public meeting, the Board of Trustees, within thirty (30) calendar days following receipt of such report, shall take action as it deems appropriate, in addition to the imposition of penalties provided elsewhere in this chapter, including, but not limited to:

(a) Initiating an appropriate court action for injunctive relief under this chapter;

(b) Initiating an appropriate court action for enforcement of this chapter;

(c) Filing proceedings for violations of this chapter or Federal or State regulations against any person found to have violated any of the provisions of this chapter;

(d) Filing a petition against any person found in violation of any of the provisions of this chapter while under contract to the State or Federal government or a political subdivision, agency or instrumentality of either;

(e) Filing a complaint against any person found in violation of any of the provisions of this chapter with the State agency responsible for licensing of real estate agents and lending institutions;

(f) Issuing orders as provided in Section 618-17(b)(2); and

(g) Assessing of fines as provided in Section 618-99.

(Ord. 567. Passed 1-11-83.)

Sec. 618-20. Appeals to court. back to top

After a decision by the Board of Trustees to take any action as provided in Section 618-19, any person found to have violated any provision of this chapter may apply for judicial review before a court of competent jurisdiction.
(Ord. 567. Passed 1-11-83.)

 

Sec. 618-21. Judicial relief. back to top

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

(a) An order compelling compliance with this chapter;

(b) Compensatory and/or punitive damages; or

(c) Such other and further relief as is appropriate for the enforcement of this chapter and the elimination of the violation thereof.

(Ord. 567. Passed 1-11-83.)

Sec. 618-22. Additional remedies. back to top

This chapter shall not prevent any person from exercising any right or seeking any remedy to which that person might otherwise be entitled or from filing any complaint with any other agency or court of law or equity.
(Ord. 567. Passed 1-11-83.)

Sec. 618-23. Special outreach programs. back to top

Nothing in this Chapter shall be construed to prohibit special outreach efforts conducted by or under the authority of units of local government (including agencies, departments and commissions thereof) or nonprofit fair housing agencies to ensure that persons who are members of minority groups are fully informed of available dwelling opportunities in areas of present or prospective majority group concentration, or to ensure that persons of the majority group are fully informed of available dwelling opportunities in areas of present or prospective minority group concentration.
(Ord. 1237. Passed 3-14-00.)

Sec. 618-99. Penalty. back to top

Whoever violates any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each violation. A second or subsequent offense shall be subject to a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for each violation. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 567. Passed 1-11-83.)