For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSIBLE. When used with respect to public and common use areas of a building containing covered multi-family dwellings, that the public or common use areas of the building can be approached, entered and used by individuals with physical disabilities.
ACCESSIBLE ROUTE. A continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. A route that complies with the appropriate requirements of the American National Standards Institute’s ANSI A117.1-1986 or a comparable standard is an ACCESSIBLE ROUTE.
ADJUDICATIVE AGENCY. The agency designated by the corporate authorities of the municipality to conduct hearings and adjudicate charges of violations of this chapter.
ADMINISTERING AGENCY. The agency designated by the corporate authorities of the municipality to investigate, conciliate, receive and initiate complaints pertaining to violations of this chapter.
AGE. A chronological age of not less than 40 years.
AGGRIEVED PARTY OR PERSON. A person who is alleged or proved to have been injured, or in good faith believes he or she will be injured, by a violation of any of the provisions contained in this chapter.
AIDING AND ABETTING and COERCION. To aid, abet, compel or coerce a person to commit any violation of this chapter.
ANSI A117.1-1986. The 1986 edition of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people.
BROKER. Any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings, including offers, solicitations or contracts and the administration of matters regarding the offers, solicitations or contracts, or any residential real estate related transactions.
BUILDING. A structure, facility or portion thereof that contains or serves one or more dwelling units.
BUILDING ENTRANCE ON AN ACCESSIBLE ROUTE. An accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones or to public streets or sidewalks, if available.
CHARGES. An allegation contained in a complaint.
CIVIL RIGHTS VIOLATIONS. Includes and shall be limited to only those specific acts set forth in this chapter.
COMMISSION. The Community Relations Commission established by this chapter.
COMMON USE AREA. Rooms, spaces or elements inside or outside of a building that are made available for the use of residents of a building or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas and passageways among and between buildings.
COMMUNITY RESIDENCE. A group home or specialized residential care home serving unrelated persons with disabilities.
COMPLAINANT. A party/person, including the administering agency, who files a complaint.
COMPLAINT. The document filed by a complainant with the administering agency.
CONCILIATION. The attempted resolution of issues raised by a complaint, or the investigation of the charge, through informal negotiations involving the aggrieved party, the respondent and the Community Relations Commission. Conciliatory meetings shall be held in closed session.
CONCILIATION AGREEMENT. A written agreement setting forth the resolution of the issues in conciliation.
CONTROLLED SUBSTANCE. Any drug or other substance, or immediate precursor, included in the definition in the Controlled Substance Act (21 U.S.C. § 802(6)).
COVERED MULTI-FAMILY DWELLING. A building consisting of four or more units, if the building has one or more elevators, and ground floor units in other buildings consisting of four or more units.
DIRECTOR. The person designated by the corporate authorities of the municipality to administer the provisions of this chapter.
DISABILITY. With respect to a person, a determinable physical or mental impairment which substantially limits one or more major life activities, a record of an impairment or being regarded as having an impairment.
DISCRIMINATE. To treat any person differently from others because of race, color, sex, sexual orientation, religion, creed, ancestry, national origin, age, military discharge status, marital status, familial status or disability.
DWELLING. Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families or unrelated individuals, and any vacant land which is offered for sale or lease for the construction or location thereon of any building, structure or portion thereof.
ELDERLY PERSON. A person 55 years of age or older.
EMPLOYEE.
(1) The term EMPLOYEE includes:
(a) Any individual performing services for remuneration within the city;
(b) An apprentice; and
(c) An applicant for any apprenticeship.
(2) EMPLOYEE does not include:
(a) Domestic servants in private homes;
(b) Individuals employed by persons who are not employers;
(c) Elected public officials or the members of their immediate personal staff;
(d) Principal administrative officers of the state or any political subdivision, municipal corporation or other governmental unit or agency; and
(e) A person in a vocational rehabilitation facility certified under federal law who has been designated an evaluee, trainee or work activity client.
EMPLOYER.
(1) The term includes:
(a) Any person employing 15 or more employees within the state 20 or more calendar weeks during the calendar year of or preceding the alleged violation;
(b) Any person employing one or more employees when a complainant alleges a civil rights violation due to unlawful discrimination based upon his or her physical or mental disability unrelated to his or her ability or to sexual harassment;
(c) The state and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees;
(d) Any party to a public contract, without regard to the number of employees; and
(e) A joint apprenticeship or training committee, without regard to the number of employees.
(2) EMPLOYER does not include any religious corporation, association, educational institution society or nonprofit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means, in accordance with the tenets of a recognized church or religious denomination, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the corporation, association, educational institution, society or nonprofit nursing institution of its activities.
EMPLOYMENT. The performance of services for an employer for remuneration, as a volunteer or as a participant in a training or apprenticeship program.
EMPLOYMENT AGENCY. A person who undertakes to procure employees, or opportunities to work for potential employees, through interviews, referrals or advertising, or any combination thereof.
ENTRANCE. Any access point to a building or portion thereof used by residents for the purpose of entering.
EXTERIOR. All areas of the premises outside of an individual dwelling unit.
FAMILIAL STATUS. One or more individuals who have not attained the age of 18 years, being domiciled with:
(1) A parent or a person having legal custody of the individual or individuals;
(2) The designee of the parent or other person having custody, with the written permission of a parent or other person; or
(3) Persons who are pregnant or in the process of securing legal custody of any individual who has not attained the age of 18 years.
FINANCIAL INSTITUTION. Any bank, credit union, insurance company, mortgage banking company, savings and loan association or other entity or organization which makes or purchases loans or provides other financial assistance and which operates or has a place of business in the State of Illinois.
HEARING. That part of an adjudicative proceeding that involves the submission of evidence, either by oral presentation or written submission, and includes the submission of briefs and oral arguments on the evidence and applicable law.
HEARING AGENCY. The agency designated by the corporate authorities of the municipality to conduct hearings on, and adjudicate the question of, ordinance violations.
HOUSING ACCOMMODATION. Any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one or more individuals.
HOUSING FOR OLDER PERSONS.
(1) All housing that is provided under state and federal programs for elderly persons, as defined by the specific programs, provided that United States Department of Housing and Urban Development approval has been secured;
(2) Housing that is intended for and solely occupied by persons 62 years of age or older; and
(3) Communities in which at least 80% of all units are occupied by one person 55 years of age or older, if the existence of significant facilities and services specifically designed to meet the physical and social need of older persons can be documented.
HOUSING STATUS. The type of housing in which an individual resides, whether publicly or privately owned; an individual’s ownership status with respect to the individual’s residence; or the status of having or not having a fixed residence.
INTERFERENCE. To willfully interfere with the performance of a duty of, or the exercise of a power by, the Commission or one of its members or representatives.
INTERIOR. The spaces, parts, components or elements of an individual dwelling unit.
LEASE. Includes any sublease, assignment or rental and any contract to enter into any of the foregoing.
LOAN. Includes but is not limited to the providing of funds, for consideration, which are:
(1) Sought for the purpose of purchasing, constructing, improving, repairing or maintaining a housing accommodation;
(2) Sought for any commercial or industrial purpose; or
(3) Secured by residential real estate.
MARITAL STATUS. The status of being single, married, divorced, separated or widowed.
MODIFICATION. Any change to the public or common use areas of a building or any change to a dwelling unit.
NATIONAL ORIGIN. The place in which a person or one of his or her ancestors was born.
OFFER. Includes every attempt, by means of written or oral communications to present for acceptance or rejection, to hold out or proffer, 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.
OPERATOR. Any owner, lessee, proprietor, manager, superintendent, agent or occupant of a place of public accommodation or an employee of any person or persons.
OWNER. Any person who holds legal or equitable title to, who owns any beneficial interest in, or who holds legal or equitable title to shares of, any real estate.
PANIC PEDDLING. For profit, to induce or attempt to induce a person to sell or rent a dwelling by representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, sex, sexual orientation, religion, creed, ancestry, national origin, age, military discharge status, marital status, familial status or disability.
PERSON. Includes individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees or trustees in cases under U.S.C. Title 11.
PERSONS IN THE BUSINESS OF SELLING OR RENTING DWELLINGS. Any person who:
(1) Within the preceding 12 months has participated as a principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) Within the preceding 12 months, has participated as an agent, other than in the sale of his or her 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 interest therein; or
(3) Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
PHYSICAL OR MENTAL IMPAIRMENT.
(1) Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organ; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.
PREMISES. The interior or exterior spaces, parts, components or elements of a building, including individual dwelling units and the public and common use areas of a building.
PROTECTED CLASSES. Includes but is not limited to race, color, sex, sexual orientation, religion, creed, ancestry, national origin, age, military discharge status, marital status, familial status or disability.
PUBLIC CONTRACT. Every contract to which the city, any of its political subdivisions or any municipal corporation is a party.
PUBLIC USE AREAS. Interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.
REAL ESTATE TRANSACTION. The purchase or sale of the fee simple interest in, the equitable title to, or a beneficial interest in, or the rental or lease of, any real property, or an option to do any of the foregoing, or any negotiation, listing, contract or agreement in connection therewith. REAL ESTATE TRANSACTION also includes the brokering or appraising of residential real property and the making or purchasing of loans, or providing other financial assistance, for purchasing, constructing, improving, repairing or maintaining a dwelling.
REAL PROPERTY. Buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums and hereditaments, corporeal and incorporeal, or any interest therein.
RELIGION. All aspects of religious observance and practice, as well as belief, and all aspects of religious nonobservance, nonpractice and nonbelief.
RELIGION WITH RESPECT TO EMPLOYERS. All aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he or she is unable to reasonably accommodate an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.
RESPONDENT.
(1) The person or other entity against whom a discriminatory practice has been alleged in a complaint; and
(2) Any other person or entity identified in the course of an investigation and notified as required by this code.
RETALIATION. To retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be unlawful discrimination, sexual harassment in employment or sexual harassment in higher education, or discrimination in employment based on citizenship status, or because he or she has made a charge, filed a complaint, testified, assisted or participated in an investigation, proceeding or hearing under this chapter.
SEX. The status of being male or female.
SEXUAL ORIENTATION. Actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person’s designated sex at birth. SEXUAL ORIENTATION does not include a physical or sexual attraction to a minor by an adult.
SOLICIT or SOLICITATION.
(1) Any communication by or on behalf of a real estate agent with the owner or occupant of a dwelling:
(a) Which is intended to induce the sale or rental of the dwelling;
(b) Which is intended to offer or promote services in connection with the sale, rental or listing of the dwelling; and
(c) Which is carried out by means of:
1. In-person contacts at the dwelling;
2. Written material mailed or delivered directly to the dwelling, such as direct mail, leaflets or pamphlets; or
3. Telephone contacts with the owners or occupants of the dwelling.
(2) The term SOLICIT or SOLICITATION shall not include communications carried out by means of print or electronic media of general circulation, such as a newspaper, radio, television or the yellow pages.
SOURCE OF INCOME. The lawful manner by which an individual supports himself or herself and his or her dependents.
STEERING. Influencing or attempting 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, sex, sexual orientation, religion, creed, ancestry, national origin, age, military discharge status, marital status, familial status or disability so as to limit choice or to promote or maintain segregation.
TO RENT. Includes to lease, to sublease, to let and to otherwise grant for consideration the right to occupy premises not owned by the occupant.
VARYING TERMS. Includes but is not limited to the following practices:
(1) Requiring a greater down payment than is usual for the particular type of a loan involved;
(2) Requiring a shorter period of amortization than is usual for the particular type of loan involved;
(3) Charging a higher interest rate than is usual for the particular type of loan involved; and
(4) Under-appraising real estate or other items of property offered as security.
(Ord. 08-36, passed 5-27-2008)