Chapter 7.28
ADMINISTRATION
Sections:
7.28.030 Affirmative marketing.
7.28.010 Administration.
The village president and trustees shall designate an administrator. The administrator shall have such duties, responsibilities, and powers as are necessary for the implementation of this title and additionally as may be provided by the village, including the issuing, initiation, receipt, and due processing of complaints. (Ord. 94-23 § 1, 1994)
7.28.020 Data collection.
A. Beginning one month after the effective date of this section (4-8-86, adopted by ordinance entitled “an ordinance affirming a policy of Fair Housing within the Village of Riverdale,” prohibiting certain discriminatory acts in connection with the sale and rental of dwellings, and providing penalties for violations of the provisions thereof) any person who, for consideration, negotiates or attempts to negotiate the purchase, sale or listing of dwellings located in Riverdale, or interests therein, either directly or through agents or contractors, shall provide the village clerk’s office, within the first twenty days of each month, on a form made available by the village or a suitable substitute approved by the village, the following information:
1. The address of every office or place of business which the person maintains solely or in part for providing assistance to persons interested in purchasing, selling or listing dwellings;
2. The address of every dwelling in Riverdale available for purchase during the previous month concerning which the person has executed a listing agreement;
3. For each natural individual who within the previous month physically appeared before the person or the person’s agents to request assistance in finding a dwelling to purchase and to whom the person or the person’s agents disclosed the availability for purchase of dwellings in Riverdale:
a. The individual’s race;
b. The address of each dwelling in Riverdale the availability of which the person or any person’s agents disclosed to the individual, and an indication of which of those dwellings the individual physically inspected with the person or any of the person’s agents;
c. The address of each dwelling in Riverdale which the individual purchased to the knowledge of the person or any of the person’s agents;
4. If during a subsequent month the person obtains additional information of the types enumerated in subsection (A)(3) of this section, concerning any natural individual covered by subsection (A)(3) of this section, the person shall provide such additional information to the village, identifying the natural individual whom the information concerns within the first twenty days of the next month.
B. Exemptions.
1. Any person who negotiates or attempts to negotiate the purchase, sale or listing of dwellings located in Riverdale solely as an agent or contractor for a second person is not required to provide information to the village pursuant to this title if that second person provides the village all such information required.
2. Any person who negotiates or attempts to negotiate the purchase, sale or listing of dwellings located in Riverdale solely through agents or contractors is not required to provide information to the village pursuant to this title if those agents or contractors provided the village all such information required.
3. Any natural individual who owns a dwelling, who either is domiciled in the dwelling or is the last natural individual to be domiciled in the dwelling, and who attempts to sell that particular dwelling without the assistance of an agent acting for profit is not required to provide information to the village pursuant to this title.
C. Identifying Race. Persons required to provide information to the village pursuant to this title shall identify an individual’s race as one of the following:
1. “Asian,” or an individual who appears to the person or person’s agent, based on his common experience, to have descended from any of the persons of the Far East or the Indian Subcontinent.
2. “Black,” or an individual who appears to the person or the person’s agent, based on his common experience, to be African-American.
3. “Hispanic,” or an individual who appears to the person or the person’s agent, based on his common experience, to be of Mexican, Puerto Rican, Cuban or South American, or other Spanish culture or origin.
4. “White,” or an individual who appears to the person or the person’s agent, based on his common experience, to be Caucasian.
5. “Other,” or an individual who is not covered by subsection (C)(1), (2), (3), or (4) of this section.
Information concerning one or more individuals who jointly purchase a dwelling, or who experience an interest in jointly purchasing a dwelling, must be provided in a fashion which indicates the fact and indicates the race of all such individuals.
D. Use of Data. Data collected pursuant to this title shall be used only to assist the village in administering fair housing programs and enforcing fair housing laws, and shall be available for inspection only by the village president and board of trustees, and other persons authorized by the village president to assist the village in administering fair housing programs and enforcing fair housing laws. Any other use of the data shall constitute a violation of this title.
E. Penalties.
1. A violation of any provision of this section shall be punishable by a fine in the amount of not less than fifty dollars, nor more than five hundred dollars.
2. A second or subsequent violation of the provisions of this section within twelve months from the date of the first violation (as determined by the dates alleging the offenses committed) shall be a Class C misdemeanor which shall be punishable by a fine of up to five hundred dollars, and up to thirty days incarceration in an institution other than a penitentiary.
3. Each day a violation of this section continues shall be deemed a separate offense. (Ord. 94-23 § 1, 1994)
7.28.030 Affirmative marketing.
A. The affirmative marketing plan shall:
1. Detail the steps to be taken to appeal to those groups whose participation is needed to promote and maintain stable, integrated, and balanced living patterns and provide the following information:
a. A list of publications in which advertising will be placed;
b. Other types of advertising promotion which will be circulated or displayed; and
c. In what manner and on which dates such advertising will be placed, circulated, or displayed;
2. Detail the steps to obtain current knowledge of the housing market, the demographics of the community and federal, state, and local fair housing laws;
3. Indicate the training of rental staff in affirmative marketing techniques; and
4. Provide assurances that the applicant agrees to keep complete records and to report quarterly to the human relations commission, giving traffic and rental data throughout the duration of this plan.
B. Upon receipt of said plan, the administrator shall immediately, and in not less than seven days, forward said plan to the human relations commission.
C. Upon receipt of said plan, the human relations commission shall, within thirty days, review and approve those plans which:
1. Comply with the regulations and standards as promulgated by the village, the state and federal governments;
2. Identify those groups whose participation is needed to promote and maintain stable, integrated and balanced living patterns;
3. Indicate the proposed contacts with agencies of the village, counseling agencies recognized and approved by the village, other government agencies, interested organizations, and large employers in the area; and
4. Comply with the standards as noted in subsection A of this section.
D. Approval of the plan shall be reviewed annually by the human relations commission, which may make recommendations for modification of the plan.
E. Approval of an affirmative marketing plan by the human relations commission and proven adherence to the plan shall constitute an affirmative defense to a charge of discrimination for any act performed in the furtherance of said plan. (Ord. 94-23 § 1, 1994)