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HomeMy WebLinkAboutOrd 2130 01/07/1969 ~ ~ ORDINANCE NO. 2130 AN ORDINANCE AFFIRMLT\JG A POLICY OF FAIR HOUSING WITHIN THE VILLAGE OF MOtTh,lT PROSPECI' PROVIDING POR TBE LICENSING OF REAL ESTA'I'E BROKERS, PROHIBITING CERI'AIN DISCRIMINATORY ACTS IN CONNEC'I'ION WITH THE PUBLIC OFFERING, SAIE A"'JD RENTAL OP DWELLINGS, PROVIDING FOR THE ENFORCEMENT OF TBIS ORDINANCE AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF WBEREAS, the Legislature of the State of Illinois has delegated to municipalities the authority to license and regulate certain businesses and activities, including the business of brokers dealing in real property, and the authority to take action reasonably calculated to promote the health, safety and welfare of such municipalities and the inhabitants thereof; and WBEREAS, the Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, finds that it is in the best interests of the health, safety and welfare of said Village and of the inhabitants thereof to license and regulate real estate brokers within said Village and to impose certain regulations and restrictions in the sale, leasing and rental of dwellings within said Village, which are directly related to the pUblic health, safety and welfare, all as hereinafter more fully set forth. NOIJ, THEREFORE, BE IT ORDAINED BY THE PRESIDEN'I' AND BOARD OF TRUSTEES OF THE VIILAGE OF THE VILLAGE OF MOUNT PROSPECI', COOK COUNIY, ILLINOIS: SECI'ION 1: That Chapter 24 of the Municipal Code of the Village of Mount Prospect of 1957, as amended, is hereby further amended by adding thereto a new Article X entitled "Real Estate Transactions" which said Chapter 24, Article X shall be and read as follows: ARI'ICIE X - Real Estate Transactions . Section 24.1001. Declaration of Policy. It is the legislative in- tention to establish a policy in the Village of Mount Prospect to provide ithin legal and constitutional limitations for fair housing practices hrough the Village of ~bunt Prospect with the intention that said practices ill protect the interests of buyers and sellers, lessors and leessees, landlords and tenants, and the entire cormunity as a 'i1hole in accordance ith the provisions of this Ordinance. Section 24.1002. Definitiorts. As used in this Ordinance, the follow- Ong terms and prwases shall have the following respective meanings; (a) "Dwelling" shall mean any building, structure, or portion thereof, hieb is located within the corporate limits of the Village and which is ccupied as, or designed or intended for occupancy as, a residence by one r more families and includes any vacant land which is offered for sale, ease, or rent for the construction or location thereon of cmy such building, tructure, or portion thereof, except "dwelling" shall not apply to the ntal of any room or rooms in any owner-occupied single family structure. (b) "Good faith" shall be construed as honesty in fact in the conduct r transaction concerned. (c) "Lending institution" shall mean any bank, insurance company, avings and loan association, or other person customarily engaged in the usiness of lending money for profit, and any person normally and customarily On the business of obtaining, arranging, or negotiating loans as agent or broker Cd) rrOffer" shall mean and include every attempt by means of written or ral cormunications: to present for acceptance or rejection; to hold out or roffer; to make a proposal to; or to exhibit; real estate that may be taken r received with the intention of ultimately entering into a real estate ransaction. ,_. ,-, (e) "CMner" means any person, or legal entity, who holds legal or equitable title to any dwelling. (f) "Person in the business of selling or renting dwellings" shall be deerr:ed to rr:ean any person who: (1) has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or (2) has, within the preceding twelve months, participated as agent, other than in the sale of his 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 any interest therein, or (3) is the owner of any dwelling designated or intended for occupancy by, five or more families. ' <g) "Public offer", and variations of said term, shall mean and include any written or oral offer or proposal to enter into a real estate transaction which: (1) is made by rr:eans of a sign or other written notice which is posted on the real estate upon which the dwelling being offered is located or is visible from any public property or rig,ht of way; or (2) is made by means of any advertisement published in any news- paper or other periodicals having general circulation within the Village of Mount Prospect; or ' (3) is made by or by rr:eans of a real estate broker pursuant to or in connection with any written agreement between such real estate broker and the owner or lessee of such dwelling, or any agent thereof. (h) "Real estate broker" shall mean any person who customarily, as a business andi'or consideration, on behalf of himself or others sells or offers for sale, or buys or offers to buy, or negotiates the purChase or sale or exchange of real property, including dwellings, or leases or rents, or offers to lease or rent real property, or who negotiates the lease or rental thereof or who errploys any person to act as a real estate salesrr.an to perform any one or more of the foregoing acts, and who nust be reg,istered with the Department of Registration and Education. (i) "Real estate salesmanlt shall rr:ean any person licensed or required to be licensed as a real estate salesman in accordance with the provisio~s of Chapter 114-1/2 of the Illinois Revised Statutes, or any Act or Acts supplementing, amending or superseding said provisions. (j) "Real estate transaction" shall mean the purchase, sale J exchange, lease or rental of any dwelling, and any legally enforceable option or contract to do any of the foregoing. (k) "Village" shall mean the Village of Mount Prospiect ,anullinois municipal corporation. Section 24.1003. Real Estate Brokers. (a) It shall be unlawful for any person to carry on business as a real estate broker, directly or indirectly, in the Village without first having obtained from the Village a real estate broker's license pursuant to the provisions of Article X, Chapter 14, of the r1n1icipal Code of the Village of Mount Prcspect of 1957, as amended. (b) Any real estate broker's license may be revoked or suspended at any tirr:e in accordance with the provisions of this Article. ,- ~, Section 24.1004. Discriminatory Actions by Brokers Prohibited. It shall be unlawful for any real estate broker or real estate salesman: (a) To fail or refuse, within a reasonable time after request, to furnish to any party to a real estate transaction a copy of any document signed by such party and in the possession of such broker or salesman. (b) To fail or refuse, upon request, to permit any person to examine copies of any listing or descriptive materials respecting cmy dwelling which has been publicly offered for sale, lease or rental, because of the race, color, religion or national origin of such person. (c) It shall be unlawful for cmy real estate broker to employ or continue to eIYploy any real estate salesman found to have violated the provisions of Article X, Chapter 14 of this Section, more than twice in any period of six consecutive months, unless such finding or findings shall not be sustained upon further proceedings, if any, pursuant to the provisions of this Article. (d) Publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any corrmuni cat ion , notice, advertisement, sign or other writing of any kind relating to the sale, rental or leasing of any real estate which wilL indicate or express any such discrimination. (e) Exploit or overcharge any person for real estate because of race, color, religion or national origin. (f) Discriminate or participate in discrimination in connection with borrowing or lending money, guaranteeing loans, accepting mortgages or otherwise obtaining or making available funds for the purchase, acquisition, rehabilitation, repairs or maintenance of any real property in the Village. (g) Solicit for sale or lease, or for listing for sale or lease, any real estate on the ground of loss of value due to the present or prospective entry into any neighborhood of any person or persons of cmy particular race, color, religion or national origin. Section 24.1005. Discriminatory Actions by OWners. Lessors, and Lertding Institutions Prohibited. It shall be unlawful for any owner, lessor, or lending institution to fail or refuse: (a) to sell a dwelling which is then being publicly offered for sale, or to lease or rent a dwelling which is then being publicly offered for lease or rent, to a person who is read.,y, willing and able to purchase, lease or rent the same, as the case may be, and who has made or who tenders a bona fide offer therefor which is at least as favorable to such owner or lessor as the terms on which such dwelling is then being publicly offered, or to fail or refuse to negotiate in good faith with any such person for such sale, lease or :rental, but only in each case is such failure or refusal is because of the race, color, religion, or national orif",in of such person; or (b) to enter into a listing agreement which prohibits the sale, or rental of real estate to any pens'sn because of race, color, re ligion, or national origin; or (c) to lend money or extend credit to any person or to refuse to negotiate with such person with respect to any such loan or extension of credit, be- cause of the race, color, religion, or national origin of such person; or (d) to perform any of the unlawful acts applicable to owners, lessors, and lending institutions set out in Section 24.1004 above. Section 24.1006. Exemtions. The following real estate transactions shall be exempt from all provisions of this Article: (a) The leasing or rental of rooms in a private club not in fact open to the public, which as an incident to its primary purpose of purposes pro- vides lodging which it owns or operates for other than a corrrrnercial purpose, if the rental or occupancy of such lodgings is in fact limited to members' ' ~ - of such club or bona fide guests of such members. (b) Any real estate transaction not involving the public offering of a dwe lling for sale, lease or rental. (c) Nothing in this Article shall require a real estate broker or owner to offer real property for sale or lease or to show real property o any person if such person is not negotiating for the purchase or lease of such real property in good faith. (d) Nothing in this Article shall apply to: (1) any single-family house sold or rented by an owner; provided, that such private individual owner does not own more than three such single-family houses at any time; provided, further, that in the case of the sale of any such single-farrily house by a private individual owner not residing in such house at the tirr.e of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: provided, further, that such bona fide private individual owner does not own any interest in t nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at anyone time; further, that the sale or rental of any such single-family house shall be excepted from the application of this Article only if such house is sold or rented (i) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (ii) without the pUblicationt posting or mailingt after notice of any advertisement, sign, or written notice with respect to the sale or rental of a dwelling that indicated any preference, limitation, or discrimination based on race, color, religion, or national origin, or on intention to make any such preference, limitation, or discrimination; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title corrpanies, and other such professional assistance as necessary to perfect or transfer the title, or (2) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. Section 24.1007. Penalty. p.ny person found guilty of violating any rovision of this Article shall be guilty of committing a misdemeanor and shall be punished by a fine of not less than Two Hundred Fifty Dollars($250.00) or more than Five Hundred Dollars ($500.00) for each such violation. In the vent a real estate broker shall be found guilty hereunder, the President and Board of Trustees of the Village of Mount Prospect may revoke his license or a period not to exceed ninety (90) days. Section 24.1008. Severability. This Article, and the separate provisions ereof, shall be deemed to be severable, and the invalidity or unenforce- ability of anyone or more provisions hereof shall not be deemed to invalidate, ompair or otherwise affect the validity of the remaining provisions hereof ~f uch remaining provisions are subject to reasonable interpretation and en- orcement. SEC'I'ION 2: All Ordinances or parts of Ordinances in conflict with the rovisions of this Ordinance shall be and the sane are hereby repealed. ~ - SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval cmd publication in the manner prescribed by law, with the exception of Section 24.1005 which shall not become operative or enforceable until July 1, 1969. AYES: 4 NAYS: 2 PASSED AND APPROVED THIS 7th DAY OF JANUARY t 1969 A'I{2~l: h ?/ ~ / - '7 I 'LJl1/! ~ illage Clerk