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HomeMy WebLinkAboutOrd 4129 01/02/1990 ORDINANCE NO. 4129 AN ORDINANCE AMENDING ARTICLE XII~ENTITLED "FAIR HOUSING" OF CHAPTER 23 OF THE VII,LAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the Sn~ day of . January ,~ 1990 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 3rd day of .JaBuarv , 1990. ORDINANCE NO. 4129 AN ORDINANCE AMENDING ARTICLE XII ENTITLED "FAIR HOUSING" OF CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article XII entitled "Fair Housing" of Chapter 23 of the Village Code of Mount Prospect, as amended, is hereby further amended in its entirety; so that hereinafter said Article XII of Chapter 23 of the Village Code of Mount Prospect shall be and read as follows: ARTICLE XII FAIR HOUSING SECTION: 23.1201 Declaration of Policy 23.1202 Definitions 23.1203 Discriminatory Actions by Brokers 23.1204 Discriminatory Actions by Owners, Lessors and Lending Institutions 23.1205 Exemptions 23.1206 Penalty 23.1207 Administration and Enforcement 23.1289 Processing of Complaints 23.1209 Commission Report Section 23.1201. Declaration of Policy. It is hereby declared to be the policy of the Village of Mount Prospect, for the purpose of providing for the health, morals, safety and welfare of the persons in and residing in the Village and for the maintenance and promotion of commerce, industry and good government in Mount Prospect, that all persons living and/or working or desiring to live in Mount Prospect shall have a fair opportunity to purchase, lease, rent or occupy real estate without discrimination based upon race, color, religion, creed, ancestry, national origin, age, sex, marital status, or mental or physical handicap, or presence or age of children. This policy is intended to protect the interest of buyers and sellers, lessors and lessees, landlords and tenants, and the entire community as a whole in accordance with the provisions of this Article. Section 23.1202. Definitions. As used in this Article, the following terms and phrases shall have the following respective meaning: COMMISSION: The Plan Commission of the Village of Mount Prospect. CORPORATE AUTHORITIES: The Mayor and Board of Trustees of the Village of Mount Prospect. DISCRIMINATE: Any difference in terms, conditions or treatment in the sale, lease or financing of real estate because of race, color, creed, sex, ancestry, marital status, age, physical handicap or mental, or presence or age of children, religion, national origin · DISCRIMINATION: The action(s) used to discriminate. DWELLING: A dwelling is a building, or portion thereof designed or used exclusively for residential occupancy inclu- ding single-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels, motels, rooming, boarding or lodging houses. OFFER: Every attempt by means of written or oral com- munication: to present for acceptance or rejection; to hold out or offer; to make a proposal to; or to exhibit; real estate that may be taken or received with the intention of ultimately entering into a real estate transaction. OWNER: Any person, or legal entity, who holds legal or equitable title to any dwelling. PERSON IN THE BUSINESS Any person who: OF SELLING OR RENTING DWELLINGS: A. Has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein, or B. Has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sale or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein, or C. Is the owner of any dwelling designated or intended for occupancy by someone other than the owner. PUBLIC OFFER: Any written or oral offer or proposal to enter into (AND VARIATIONS OF SAID a real estate transaction which: TERM) A. Is made by means 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 fight-of-way; or B. Is made by means of any advertisement publi- shed in any newspaper of other periodicals having general circulation within the Village; or C. Is made by or by means of a real estate broker pursuant to or in connection with any written agreement between such real estate broker and the owner of lessee of such dwelling, or any agent thereof. · REAL ESTATE BROKER: Any person who customarily, as a business and for 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 employs any person to act as a real estate salesman to perform any one or more of the foregoing acts. REAL ESTATE SALESMAN: Any person licensed or required to be licensed as a real estate salesman in accordance with the provi- sions of Chapter 114 1/2 of the Illinois Revised Statutes, or any act or acts supplementing, amending or superseding said provisions. REAL ESTATE TRANSACTION: The purchase, sale, exchange, lease or rental of any dwelling, and any legally enforceable option or contract to do any of the foregoing. -2- VILLAGE: The Village of Mount Prospect, an Illinois muni- cipal corporation. (Ord. 2130, 1-7-69) Section 23.1203. Discriminatory Actions by Real Estate Brokers and Salesmen. 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 any dwelling which has been publicly offered for sale, lease or rental, because of the race, color, creed, ancestry, age, sex, marital status, mental or physical handicap, or presence or age of children, religion or national origin of such person. C. It shall be unlawful for any real estate broker to employ or continue to employ any real estate salesman found to have violated the provisions of this Article and Section of this Code, more than twice in any period of six (6) consecutive months, unless such finding or findings shall not be sustained upon further proceedings, if any, pursuant to the provisions of this Article. D. To publish, circulate, issue or display or cause to be published, circulated, issued or displayed, any communication, 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 discrimination. E. To exploit or overcharge any person for a real estate transaction and/or offer because of race, color, creed, ancestry, age, sex, marital status, mental or physical handicap, or presence or age of children, or national origin of such person. F. To 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. To 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 neighbor- hood of any person or persons of any particular race, color, creed, ancestry, age, sex, marital status, mental or physical handicap, or presence or age of children, or national origin of such person. H. To influence or attempt to influence by words or acts the choice or location of housing of a prospective purchaser, occupant, or tenant, in connection with viewing, buying, leasing, or occupying real estate based on race, color religion, creed, ancestry, national origin, age, sex, marital status, or mental or physical handicap, or presence or age of children so as to promote or maintain segregation. I. To fail to display the Village of Mount Prospect Fair Housing poster in the waiting room, conference room, or other similar room where the public will consider a real estate transaction. -3- Section 23.1204. Discriminatory Actions by Owners, Lessors and Lending Institutions. It shail be unlawful for any owner, lessor or lending institution: A. To discriminate in selling a dwelling which is being publicly offered for saie or in leasing or renting a dwelling which is then being publicly offered for lease or rem, to a person who is ready, 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 therefore which is at least as favorable to such owner or lessor as the terms on which such dwelling is then publiciy offered, or to fail or refuse to negotiate in good faith with any such person for such saies, lease or rental, but only in each case if such failure or refusal is because of the race, color, creed, ancestry, age, sex, marital status, mentai or physicai handicap, or presence or age of children, religion or national origin of such person; or B. To discriminate in entering into a listing agreement which prohibits the sale or rental of reai estate to any person; or C. To discriminate in lending money or extending credit to any person or to refuse to negotiate with such person with respect to any such loan or extension of credit; or D. To perform any of the unlawful acts applicable to owners, lessors and lending institutions set out in this Article. E. To fail to display the Village of Mount Prospect Fair Housing poster in the waiting room, conference room, o.r other similiar room where the public will consider a real estate transaction. Section 23.1205. Exemptions. The following real estate transactions shall be exempt from all provisions of this Article: A. Any real estate transaction not involving the public offering of a dwelling for sale, lease or rental. B. 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 to any person if such person is not negotiating for the purchase or lease of such real property in good faith. Section 23.1206. Penalty. Any person found guilty of violating any provision of this Article shall be guilty of committing a misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00) for each such violation. Section 23.1207. Administration and Enforcement - Plan Commission. A majority of Commissioners then holding office shall constitute a quorum for the purpose of transacting any Commission business or any decision by the Commission under this Chapter. The Commission shall have and exercise, with respect to ail real property and with respect to ail persons subject to the Chapter, the following powers and responsi- bilities: a. To act to eliminate unlawful real estate practices; b. To act to assure to persons living, working or desiring to live in Mount Prospect, or in any particular real property, opportunity to purchase, lease or occupy without discrimination because of race, color, creed, ancestry, age, sex, marital status, mental or physical handicap, or presence or age of children, or national origin of such person; c. To hold hearings on, and make findings of fact with respect to any such complaint; -4- d. To recommend the issuance of orders and other appropriate enforcement procedures, subject to approval by the corporate authorities, and to publish its findings of fact to the corporate authorities; e. To submit from time to time, but not less often than annually, a written report to the corporate authorities of the general scope of the Commission's activities and recommendations with respect to fair real estate practices, which written report shall be made public after its submission; such annual report shall be submitted by May 1st of each year, to cover the prior calendar year; f. To create from time to time ad hoc committee(s) consisting of Commissioners to expedite and facilitate the work of the Commission in respect to the Commission's fair housing responsibilities. g. To take such action, and to make such recommendations to the corporate authorities as may be necessary or desirable to fulfill and implement the foregoing powers and responsibilities. Section 23.1208. Processing of Complaints. Any person aggrieved in any manner by any violation of any provision of this Article may file with the Village Manager's office a written verified complaint setting forth his grievance within thirty (30) days of the date of the alleged violation. The complaint shall state the name and address of the complainant; the name and address of the person against whom the complaint is brought, if known to the complainant; facts sufficient to allege a violation of this Article; the names and addresses of all persons believed to have knowledge concerning the alleged facts; and such other relevant information as the Commission may deem desirable. The Commission shall provide a printed form of complaint for the use of aggrieved persons. After the filing of any complaint, a Village Manager official shall serve a copy of the complaint on the party or parties charged by registered mall. If the Village Manager official determines, after prompt and appropriate investi- gation, that probable cause exists for the allegations of the complaint, the Village Manager shall set a time and date for a meeting of the complainant and the person or persons against whom the complaint has been directed. The Village Manager's office shall attempt to resolve the complaint by all proper methods of conciliation and persuasion and shall inform the Commission of such conciliation. If the Village Manager's office determines that further attempts at conciliation would not be in furtherance of the objectives of this Chapter, the Commission shall thereupon proceed promptly to a full hearing by the Commission of the complaint as hereinafter provided. If the Village Manager's office determines, after the review of the complaint and facts, that the complaint should be dismissed, the Village Manager's office shall so advise the Commission. If the Commission shall concur with the Village Manager's office, after having reviewed the facts on the complaint, the complaint shall be dismissed. Otherwise, the complaint shall be set for hearing by the Commission as hereinafter provided. The Village Manager official shall reach its determination within sixty (60) days after the date of f'fling of the complaint. The Commission shall reach its conclusions within ninety (90) days after the date of filing of the complaint or within a longer period of time if said hearing date is continued by the Commission. -5- Hearings provided for in the provisions of this article shall be conducted by the Commission, upon fifteen (15) day notice to alt parties. The Commission shall have power to administer oaths. Any party alleged to have violated this Chapter shall be entitled to be represented by counsel and shall have the right to call witnesses on his own behalf and to cross-examine witnesses. Section 23.1209. Commission Report. At the conclusion of a hearing, hereunder, the Commission shall render to the Village Board a written report with recommendations, copies of which shall be served by registered or certified mail, return receipt requested, upon the complainant and the party or parties charged. Such report shall be made within thirty (30) days after the end of the hearing. In its report, the Commission may recommend one or more of the following: That the corporate authorities: 1. Order any person found to be engaging in an unfair real estate practice to cease and desist from such practice, upon such terms as shall be necessary and proper for the enforcement of this Chapter; 2. Institute and prosecute proceedings to enforce, against any person found in violation of this Chapter, the fine provided for herein. 3. Apply to any court of competent jurisdiction of an order restraining any person from violating any provision of this Chapter and for such other or further relief as may seem to the court appropriate. 4. Petition or institute proceedings with the Illinois 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. 5. In the case of any unlawful real estate 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, 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. Any person aggrieved in any manner by the violation of any provision of this Chapter who has exhausted the remedies otherwise provided for in 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 prohibiting any such person found by the court to have violated any provision of this Chapter from the sale, lease, exchange, transfer, conveyance or assignment of the real property in question. c. Compensatory damages. d. Such other and further relief as may seem appropriate to the court for the enforcement of this Chapter and the elimination of violations hereof. -6- ECTION TWO: That this Ordinance shall be in full force and effect from and after i~s passage, approval and publication in pamphlet form in the manner provided by law. AYES: Arthur, Corcoran, Floros, Van Geem NAYS: None ABSENT: Busse, Wattenber§ PASSED and APPROVED this 2nd . day of January , 19,90. ATTEST: Village ~resident // Carol A. Fields Village Clerk