As used in this Chapter, the following terms have the following meanings:
ANSI A117.1-1986: The 1986 or most current edition of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people.
ACCESSIBLE: When used with respect to the public and common use areas of a building containing covered multi-family dwellings, means that the public or common use areas of the building can be approached, entered, and used by individuals with physical handicaps.
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 President and Board of Trustees of the Village to conduct hearings and adjudicate charges of violations of this Chapter.
ADMINISTERING AGENCY: The agency designated by the President and Board of Trustees of the Village to investigate, conciliate, receive and initiate complaints pertaining to violation of this Chapter.
ADMINISTRATOR: The person designated by the President and Board of Trustees of the Village to administer the provisions of this Chapter.
AFFIRMATIVE MARKETING: Special efforts designed to promote a competitive real estate market free of practices or influences that would limit free housing choice because of protected class status.
AGGRIEVED PARTY: A person who is alleged or proved to have been injured by a civil rights violation or believes he or she will be injured by a civil rights violation that is about to occur.
ANCESTRY: Descent or lineage from a person or group of persons.
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, solicitation or contracts and the administration of matters regarding such offers, solicitations or contracts of 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.
CHARGE: An allegation filed with the Administering Agency by an aggrieved party or initiated by the Council under its authority.
COMMON USE AREAS: 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 specialized residential care home serving unrelated persons with disabilities.
COMPLAINANT: A person including the Administering Agency who files a charge or a complaint.
COMPLAINT: The document filed with the Administering Agency following an investigation and finding of substantial evidence of a violation of this Chapter.
CONCILIATION: The attempted resolution of issues raised by a charge, or the investigation of such charge, through informal negotiations involving the aggrieved party, the respondent and the Administering Agency.
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 section 102 of the Controlled Substances Act (21 USC 802).
COUNCIL: The Citizens Advisory Council, the Administering Agency hereunder.
COVERED MULTI-FAMILY DWELLING: Buildings consisting of four (4) or more units if such buildings have one or more elevators; and ground floor units in other buildings consisting of four (4) or more units.
DISCRIMINATE: To treat differently any person because of race, color, religion, creed, ancestry, marital status, national origin, age, sex, ancestry, sexual orientation, familial status, or physical or mental handicap, or unfavorable military discharge.
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 such building, structure or portion thereof.
ELDERLY PERSON: A person fifty five (55) years of age or older.
ENTRANCE: Any access point to a building or portion of a building 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 eighteen (18) years being domiciled with:
A. A parent or person having legal custody of such individual or individuals; or
B. The designee of such parent or other person having such custody, with the written permission of such parent or other person; or
C. Person who is pregnant or in the process of securing legal custody of any individual who has not attained the age of eighteen (18).
FINANCIAL INSTITUTION: Any bank, credit union, insurance company, mortgage banking company or savings and loan association or other entity or organization which makes or purchases loans or provides other financial assistance which operates or has a place of business in the State of Illinois.
HANDICAP: With respect to a person, a physical or mental impairment which substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
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 President and Board of Trustees of the Village to conduct hearings on, and adjudicate question of, ordinance violations.
HOUSING ACCOMMODATION: Includes 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 ELDERLY OR OLDER PERSONS: A. Housing provided under any State or Federal program for elderly persons as defined by the specific programs, providing U.S. HUD approval has been secured; or
B. Housing that is intended for, and solely occupied by a person sixty two (62) years of age or older; or
C. Communities in which at least eighty percent (80%) of all units are occupied by one person fifty five (55) years of age or older, if the existence of significant facilities and services specifically designed to meet the physical and social needs of an older person can be documented.
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 sought for:
A. The purpose of purchasing, constructing, improving, repairing or maintaining a housing accommodation; or
B. Any commercial or industrial purposes; or
C. Secured by residential real estate.
MARITAL STATUS: The legal status of being married, single, separated, divorced 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 a real estate transaction.
OWNER: Any person who holds legal or equitable title to, or owns any beneficial interest in any real estate, or who holds legal or equitable title to shares of, or any beneficial interest in, an equity which owns 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 protected class.
PERSON: Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.
PERSON IN THE BUSINESS OF SELLING OR RENTING DWELLINGS: Any person who:
A. Within the preceding twelve (12) months has participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or
B. Within the preceding twelve (12) months, has participated as 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 (2) or more transactions involving the sale or rental of any dwelling or interest therein; or
C. Is the owner of any dwelling designed or intended for occupancy by, or is occupied by, three (3) or more families.
PHYSICAL OR MENTAL IMPAIRMENT: Includes:
A. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
B. 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, part, components or elements of a building, including individual dwelling units and the public and common use areas of a building.
PROTECTED CLASS: In this Chapter includes, and shall be limited to, a person of any particular race, color, religion, creed, ancestry, marital status, national origin, age, sex, familial status, unfavorable military discharge, or physical or mental handicap.
PUBLIC CONTRACT: Includes every contract to which the State of Illinois, 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.
PURCHASE: Includes any contract to purchase.
REAL ESTATE TRANSACTION: The purchase, sale or fee or equitable title to, or beneficial interest in, or 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; 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 or secured by residential real estate.
REAL PROPERTY: Includes buildings, structures, real estate, lands, tenements, lease holds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.
RELIGION: Includes all constitutionally guaranteed aspects of religious observance and practice, as well as belief.
RENT: Includes to lease, to sublease, to let, and to otherwise grant for consideration the right to occupy premises not owned by the occupant.
RESPONDENT: A. The person or other entity against whom a discriminatory housing practice has been alleged in a complaint; or
B. Any other person or entity identified in the course of investigation and notified as required under Section 6-9-12 of this Chapter.
SEX: The status of being male or female.
SOLICIT OR SOLICITATION: 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 such dwelling; or
B. Which is intended to offer or promote services in connection with the sale, rental or listing of such dwelling; and
C. Which is carried out by means of:
1. In-person contacts at the dwelling; or
2. Written material mailed or delivered directly to the dwelling, such as direct mail, leaflet or pamphlets; or
3. Telephone contact with owners or occupants of the dwelling.
For purposes of this Chapter, the term "solicit" or "solicitation" shall not refer to communication carried out by means of print or electronic media of general circulation, such as a newspaper, radio, television, or the yellow pages.
STEERING: Influencing or attempting to influence a person by any words or acts in connection with viewing, buying or leasing of real estate so as to promote, or tend to promote, the continuance or maintenance of segregated housing; or so as to limit or otherwise make unavailable housing choice; or so as to retard, obstruct or discourage diversity in the community in part or in whole; or so as to limit or otherwise make unavailable any types of loans or financing available in the purchase of any real property.
VARYING TERMS: Includes, but is not limited to, the following practices:
A. Requiring a greater down payment than is usual for the particular type or a loan involved.
B. Requiring a shorter period of amortization than is usual for the particular type of loan involved.
C. Charging a higher interest rate than is usual for the particular type of loan involved.
D. Underappraising of real estate or other item of property offered as security. (Ord. 92-10, 4-6-1992)