Chapter 9-36 FAIR HOUSING

It is declared to be the policy of the city of Harvey to provide for fair housing throughout the city and to assure that all persons have full and equal opportunity to consider all available housing and to obtain fair and adequate housing within the city without discrimination.

Under the city of Harvey’s fair housing ordinance (as amended) and Title VIII of the Civil Rights Act of 1968, as amended (the Federal Fair Housing Act), discrimination is prohibited in housing based on a person’s race, color, religion, sex, national origin, ancestry, age, marital status, disability, parental status, sexual orientation, source of income, military discharge status, gender identity, housing status, retaliation, aiding/abetting, and willful interference.

The city of Harvey will undertake activities to promote fair housing in its community, such as seminars, speaker bureaus with invitations to banks and lending institutions, local and/or regional realtor associations, appraisal associations, festivals, as well as brochures and/or newsletters. (Ord. 3238 § 2, 2009: Ord. 2395 § 1 (part), 1985)

9-36-020 Construction.

This chapter shall be liberally construed to further the purpose and policies stated herein. (Ord. 2395 § 1 (part), 1985)

9-36-030 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

“Commission” means the human relations commission established herein.

“Discriminate” or “discrimination” means the extension of differential treatment because of a person’s race, color, religion, sex or national origin; provided, that “discriminate” or “discrimination” shall not include special outreach efforts conducted by or under the authority of units of local government (including agencies, departments and commissions thereof) or not-for-profit fair housing agencies to ensure that persons 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.

“Dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more persons, and any vacant land which is offered for sale or rental and on which any such building, structure, or portion thereof may be constructed or located.

“Lending institution” means any bank, savings and loan association, insurance company, or other organization or person regularly engaged in the business of lending money, guaranteeing loans for profit, or otherwise providing financial assistance or insurance in connection with the purchase, sale or rental of dwellings.

“Multifamily residential development” means any building or structure, or group of buildings or structures, which contains four or more dwellings under common management or ownership.

“Owner” means any person who holds legal or equitable title to, or owns any beneficial interest in, a dwelling or who holds legal or equitable title to, or shares of, or holds any beneficial interest in, any organization or person which owns a dwelling; and his or her agent(s).

“Person” means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations; trustees, trustees in bankruptcy, receivers or fiduciaries.

“Purchase” means to obtain a dwelling through sale or through a land sale contract or through articles for deed.

“Real estate agent” means any person who, for consideration, negotiates or attempts to negotiate the purchase, sale, rental or listing of a dwelling or interest therein, or who acts as an employee or agent to manage a dwelling. “Real estate agent” includes, but is not limited to, all persons licensed, or required to be licensed, pursuant to the provisions of the Illinois Real Estate Brokers and Salesmen License Act, Ill. Rev. Stat. ch. 111, Section 5701 et seq.

“Rent” or “rental” means to lease, sublease, assign or otherwise grant or obtain the right to occupy a dwelling not owned by the occupant in return for consideration or a contract or option to do any of the foregoing.

“Sale” or “sell” means to convey, exchange, transfer, or assign legal or equitable title to, or a beneficial interest in, a dwelling in return for consideration, or a contract or option to do any of the foregoing.

“Solicit” or “solicitation” means any conduct by real estate agent, or an employee or agent thereof, intended to induce the owner of a dwelling within the city to sell, rent, or list the same for sale or rental. (Ord. 2395 § 1 (part), 1985)

9-36-040 Exemptions.

Nothing in this chapter shall apply to:

A. The rental of a room or rooms in an owner-occupied single-family dwelling;

B. A religious organization, or any not-for-profit organization operated, supervised, or controlled by or in conjunction with a religious organization, with respect to its limitation of the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or with respect to preference given to such persons, unless membership in such religion is restricted on account of person’s race, color, sex, national origin, ancestry, age, marital status, disability, parental status, sexual orientation, source of income, military discharge status, gender identity, housing status, retaliation, aiding/abetting, and willful interference; or

C. A private club not in fact open to the public, which as an incident to its primary purpose(s) provides lodging which it owns or operates for other than a commercial purpose, with respect to its limitation of the rental or occupancy of such lodgings to its members and their guests, or with respect to preference given to such persons. (Ord. 3238 § 3, 2009; Ord. 2395 § 1 (part), 1985)

9-36-050 Prohibited acts.

In order to effectuate the policies set forth in Section 9-36-010 of this code as far as legislatively possible, the following are declared to be discriminatory acts, an unfair housing practice and unlawful for any real estate agent, lending institution or other person, provided that nothing in this section 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 not-for-profit fair housing agencies to ensure that persons 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.

A. Discriminatory Terms. Discriminate against any person in the price, terms, effective marketing plans, conditions, or privileges relating to the sale or rental of any dwelling, or in the provision of facilities, repairs, improvements, or services in connection therewith.

B. Discriminate against any person by refusing to sell or rent, or by refusing to negotiate for the sale or rental of, or by withdrawing from the market or otherwise making unavailable or denying, any dwelling due to limited proficiency of the English language or because of a person’s race, color, religion, sex, national origin, ancestry, age, marital status, disability, parental status, sexual orientation, source of income, military discharge status, gender identity, housing status, retaliation, aiding/abetting, and willful interference.

C. False Representations. Discriminate against any person by making false representations, or by withholding material information, constructively or otherwise, with respect to the inspection, sale or rental of any dwelling, including, but not limited to, representing to any person that any dwelling is not available for inspection, sale or rental when such dwelling is in fact available.

D. Make, publish, print, circulate, issue or display, or cause to be made, printed, circulated, issued or displayed, any communication, notice, advertisement, sign, symbol, listing or other writing of any kind, in connection with the sale or rental of any dwelling, or the financing thereof, that indicates or expresses any preference, limitation, reliance, or discrimination based on race, color, religion, sex, national origin, ancestry, age, marital status, disability, parental status, sexual orientation, source of income, military discharge status, gender identity, housing status, retaliation, aiding/abetting, and willful interference, or an intention to make any such preference, limitation, reliance, or discrimination.

E. Listing Agreements. Enter into any listing agreement which sanctions discrimination against any person.

F. Multiple-Listing Services. Discriminate against any person by denying access to, or membership or participation in, any multiple-listing service, real estate agents’ organization, or other service, organization, or facility relating to the business of selling or renting dwellings; or discriminate against any person in the terms or conditions of such access, membership or participation.

G. For profit, use any word, phrase or action in connection with the sale or rental of a dwelling which influences or is intended to influence the choice of a prospective purchaser or renter solely or in part because of race, color, religion, sex, national origin, ancestry, age, marital status, disability, parental status, sexual orientation, source of income, military discharge status, gender identity, housing status, retaliation, aiding/abetting, and willful interference; or, for profit, otherwise induce or deter, or attempt to deter, the inspection, purchase or rental of any dwelling by representations regarding the presence in, proximity to, or entry or prospective entry into the block, neighborhood or area of a person or persons of a particular race, color, religion, sex, national origin, ancestry, age, marital status, disability, parental status, sexual orientation, source of income, military discharge status, gender identity, or housing status.

H. For profit, induce or attempt to induce the sale, rental or listing for sale or rental of any dwelling by representations regarding the presence in, proximity to, or entry or prospective entry into the block, neighborhood or area of a person or persons of a particular race, color, religion, sex, national origin, ancestry, age, marital status, disability, parental status, sexual orientation, source of income, military discharge status, gender identity, housing status, retaliation, aiding/abetting, and willful interference.

I. Coerce or Interfere. Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter.

J. Aid or Obstruct. Aid, abet, compel, coerce, or attempt the commission of any act declared to be unlawful under this title; or obstruct or prevent enforcement of, or compliance with, this title.

K. Other Discriminatory Acts. Discriminate by engaging in any other action which makes unavailable, or restricts consideration of, the inspection, purchase, sale or rental of any dwelling.

L. Lending. Discriminate against any person in connection with borrowing or lending money, guaranteeing loans, accepting a deed of trust or mortgage, or otherwise obtaining or making available funds for the purchase, construction, improvement repair, or maintenance of any dwelling; or discriminate by delaying the processing of or denying such loan or other financial assistance; or discriminate in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance.

M. Appraisal. Discriminate against any person in appraising the value of any dwelling in connection with the sale or rental of such dwelling. (Ord. 3238 §§ 4—8, 2009; Ord. 2395 § 1 (part), 1985)

9-36-060 Effectuation of policies through fair housing practices.

In order to effectuate the policies set forth in Section 9-36-010 as far as legislatively possible, it is declared to be a fair housing practice to:

A. Solicitation. Conduct solicitation in accordance with the provisions of Sections 9-36-080 through 9-36-090;

B. Posting of Notices. Post notices in accordance with the provisions of Section 9-36-100. (Ord. 2395 § 1 (part), 1985)

9-36-070 Unlawful housing practices.

It is unlawful for any real estate agent or other person to whom Sections 9-36-080 through 9-36-100 apply to fail to comply therewith. (Ord. 2395 § 1 (part), 1985)

9-36-080 Undesired solicitation.

No person shall solicit any owner or occupant of a dwelling to sell or rent, or list for sale or rental, such dwelling at any time after such owner or occupant has notified the city clerk that he does not desire to be so solicited. (Ord. 2395 § 1 (part), 1985)

9-36-090 Publishing of notices regarding solicitation.

The city clerk shall publish and make available, without charge, appropriate forms which may be executed by any owner or occupant of a dwelling to provide such notice. The clerk shall prepare a list of the names and addresses of such owners and occupants both alphabetically and by street address and shall publish the same as follows:

A. By maintaining a copy of said list in the office of the city clerk and making it available for inspection;

B. By furnishing a copy of said list annually, plus a quarterly list of additions and deletions, to every real estate agent belonging to the local multiple-listing service; and

C. By furnishing a copy of said list upon request and payment of reproduction costs to any person having an interest in the sale or rental of any dwelling in the city. (Ord. 2395 § 1 (part), 1985)

9-36-100 Posting.

All real estate agents and all persons who operate or manage a dwelling with more than four units shall post in conspicuous locations in those areas of their places of business where prospective purchasers, sellers, or renters normally make inquiries, and where the terms of a sale or rental are normally negotiated, a notice which contains the following language, printed on a light-colored background, in not less than fourteen-point type:

It is a violation of the Fair Housing Law of the City of Harvey for any real estate agent, or for any person who operates or manages a multi-unit building, to:

A. Deny housing to any person because of particular race, color, religion, sex, national origin, ancestry, age, marital status, disability, parental status, sexual orientation, source of income, military discharge status, gender identity, housing status, retaliation, aiding/abetting, and willful interference.

B. Discriminate against any person because of that person’s race, color, religion, sex, national origin, ancestry, age, marital status, disability, parental status, sexual orientation, source of income, military discharge status, gender identity, housing status, retaliation, aiding/abetting, and willful interference, with respect to the price, terms, conditions or privileges of any housing or in the provision of facilities or services in connection therewith.

IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, CONTACT THE CITY OF HARVEY HUMAN RELATIONS COMMISSION (210-5300).

(Ord. 3238 §§ 9, 10, 2009; Ord. 2395 § 1 (part), 1985)

9-36-110 Duties of the human relations commission.

The human relations commission shall have the responsibility to administer this title and to adjudicate complaints alleging violations of this chapter.

The commission shall have and may exercise the following powers to implement the purposes of this chapter:

A. To receive and investigate complaints charging unlawful discriminatory acts and unfair housing practices;

B. To initiate complaints charging unlawful discriminatory acts and unfair housing practices;

C. To endeavor, by conciliation, to resolve any such complaints;

D. To hold adjudicative hearings, make findings of act, issue orders, enforce such orders, and seek judicial and/or administrative relief with respect to any such complaints in accordance with the provisions of this chapter;

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

F. To recommend to the city council educational and other programs designed to promote the purposes of this chapter;

G. To gather and provide for the exchange of information related 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;

H. To render at least once a year to the city council 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 city council;

I. To adopt such rules and regulations as the commission may deem necessary or desirable for the conduct of its business and to carry out the purposes of this chapter; and

J. To do such other acts as are necessary and proper to perform those duties with which the commission is charged under this chapter. (Ord. 2395 § 1 (part), 1985)

9-36-120 Administrator.

The mayor shall appoint an administrator. The administrator shall have such duties, responsibilities and powers as may be provided by the city council, including, but not limited to, the initiation, receipt and processing of complaints on behalf of the commission. (Ord. 2395 § 1 (part), 1985)

9-36-130 Complaints.

Any person may allege that a violation of this chapter has occurred or that a violation will occur and cause irrevocable injury, by filing with the commission, within one hundred eighty (180) days of the alleged violation, a written verified complaint setting forth his or her grievance. 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(s) alleged to have committed a violation of this chapter, and the particular facts thereof, and such other information as may be required by the commission. A complaint may be amended at any time. (Ord. 2395 § 1 (part), 1985)

9-36-140 Notice.

Within fifteen (15) calendar days after a complaint has been received or initiated by the commission, the administrator shall serve, or cause to be served, in person, or by certified mail, a copy of the complaint on the person (hereinafter referred to as “respondent”) alleged to have violated this chapter. (Ord. 2395 § 1 (part), 1985)

9-36-150 Investigation.

Within thirty (30) calendar days after a complaint has been received or initiated by the commission, the administrator shall conduct an investigation of the complaint and shall determine either that:

A. There are reasonable grounds to believe that a violation of this chapter has occurred, in which case the administrator shall then initiate the conciliation process of Section 9-36-160; or

B. There are not reasonable grounds to believe that a violation of this chapter has occurred, in which case the administrator shall then dismiss the complaint by preparing a written notice of dismissal, including the reasons therefor, and notify the parties of the dismissal, within five days, by serving a copy of the notice of dismissal by certified mail on the parties. The notice of dismissal shall advise the complainant of his or her right of appeal under this section. Within fourteen days of receipt of the notice of dismissal, the complainant may appeal by filing a written request with the commission for a review of the complaint. By a majority vote, the commission may overrule the dismissal and refer the complaint to the Administrator for conciliation pursuant to Section 9-36-160. (Ord. 2395 § 1 (part), 1985)

9-36-160 Conciliation.

If the administrator has made a determination pursuant to Section 9-36-150(A) that there are reasonable grounds to believe that a violation of this chapter has occurred, the commission shall:

A. Notify the complainant and respondent of the time, place and date of the conciliation conference at least ten days prior thereto, and both parties shall appear at the conciliation conference in person or by an 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 conference 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 shall be reduced to writing and incorporated into a consent agreement to be signed by the parties. Consent agreements shall be signed on behalf of the commission by its chairperson.

C. If the complaint has not been resolved by conciliation within sixty (60) calendar days after it has been received or initiated by the commission, the administrator shall so report to the commission and then refer the complaint to the commission for an adjudicative hearing. (Ord. 2395 § 1 (part), 1985)

9-36-170 Injunctive relief.

At any time after the administrator has determined pursuant to Section 9-36-150(A) that there are reasonable grounds to believe that a violation of this chapter has occurred, the administrator 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 any order or action by the commission. (Ord. 2395 § 1 (part), 1985)

9-36-180 Hearings.

Within thirty (30) calendar days after the complaint is referred to the commission, that agency 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. The hearing shall be open to the public. At least three days before the hearing, the commission shall serve upon 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 appeal 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. No fewer than three of the same members of the commission must be present at all times during a 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 by affirmation. (Ord. 2395 § 1 (part), 1985)

9-36-190 Hearing decisions.

Only those members of the commission who have attended all hearings on the complaint shall participate in the determination of the complaint. Within fifteen (15) days of the close of the hearing, the decision shall be rendered, at a meeting open to the public, in the form of a written order which shall include findings of fact, a statement of whether the respondent has violated this chapter, and such remedial actions as the commission may order pursuant to Section 9-36-200. The order shall be served upon the parties by certified mail within fifteen (15) days of the public meeting. The order shall be available for public inspection, and a copy shall be provided to any person upon request and payment of reproduction costs. (Ord. 2395 § 1 (part), 1985)

9-36-200 Remedial actions.

A. If the commission finds that the respondent has not violated this chapter, its order under Section 9-36-190 shall dismiss the complaint.

B. If the commission finds that the respondent has violated this chapter, its order under Section 9-36-190 shall assess a fine pursuant to Section 9-36-220 and shall provide for the taking of such further remedial action(s) as it deems appropriate, which may include, but need not be limited to, the following:

1. Directing the respondent to cease and desist from violations of this chapter and to take such affirmative steps as necessary to effectuate the purposes of this chapter,

2. Initiating an appropriate court action for the enforcement of this chapter and for such other or further relief as the court may deem appropriate, including, but not limited to, injunctive relief, compensatory damages, punitive damages, and/or attorneys’ fees and costs for award to the complainant;

3. Initiating proceedings for violation of federal or state laws and/or regulations;

4. Initiating proceedings with any contracting agency, in the case of any violation of this chapter by respondent 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, for the purpose of causing a termination of such contract or any portion thereof, or obtaining other relief;

5. Initiating proceedings with the Illinois Department of Registration and Education to revoke, suspend, or refuse to renew the license of any person found to have violated any provision of this chapter,

6. Directing the respondent to reimburse the complainant for his actual and reasonable expenses incurred and to be incurred as a result of each violation found, including, but not limited to, expenses for moving and temporary storage of household furnishings, additional expenses in connection with the purchase or rental of a dwelling for alternative accommodations, and reasonable attorneys’ fees and costs, provided that no such reimbursement by any respondent shall exceed the sum of five hundred dollars ($500.00) with respect to each violation found; and/or

7. Directing the respondent to comply with such other or further relief as the commission may deem appropriate for the enforcement of this chapter. (Ord. 2395 § 1 (part), 1985)

9-36-210 Judicial review.

Any person found to have violated any provision of this chapter, within thirty-five days following a decision by the commission to take any action as provided in Section 9-36-200(B), may apply for judicial review of such decision before a court of competent jurisdiction. (Ord. 2395 § 1 (part), 1985)

9-36-220 Fines.

Any person violating any provision 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. Every day a violation continues shall be deemed a separate violation. (Ord. 2395 § 1 (part), 1985)

9-36-230 Judicial relief.

The city or any person aggrieved by a violation of any provision of this chapter may apply to any court of competent jurisdiction for appropriate relief from such violation, including, but not limited to:

A. Injunctive relief or an order otherwise compelling compliance with this chapter;

B. Compensatory and/or punitive damages;

C. Reasonable attorneys’ fees and costs; and/or

D. Such other or further relief as is appropriate for the enforcement of this chapter and the elimination of violations therefor. (Ord. 2395 § 1 (part), 1985)

9-36-240 Additional remedies.

This chapter shall not prevent the city or 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. 2395 § 1 (part), 1985)