TITLE 13
FAIR HOUSING
CHAPTER 1
FAIR HOUSING REGULATIONS
SECTION:
13-1-1: Definitions
13-1-2: Discrimination In Real Estate Transactions Prohibited
13-1-3: Handicapped Housing
13-1-4: Financing
13-1-5: Exemptions
13-1-6: Complaint Procedures
13-1-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   CONTROLLED SUBSTANCE: Any drug or other substance, or immediate precursor included in the definition contained in section 802 of the controlled substances act (21 USC § 801 et seq.).
   DISCRIMINATION: To treat any person in a protected class differently from others.
   ELDERLY PERSON: A person fifty five (55) years of age or older.
   FAMILIAL STATUS: One or more individuals (who have not attained the age of 18 years) being domiciled with:
   A.   A parent or other person having legal custody of such individual or individuals;
   B.   The designee of such parent or other person having such custody, with the written permission of such parent or other person; or
   C.   A person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.
   HANDICAP: With respect to a person, a physical or mental impairment which substantially limits one or more major life activities, as defined in section 12102 of the Americans with disabilities act (42 USC § 12101 et seq.), a record of such an impairment, or being regarded as having such an impairment.
   HOUSING ACCOMMODATIONS: 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.
   LEASE: Includes sublease, assignment, or rental, and includes any contract to do any of the foregoing.
   LENDING INSTITUTION: Any bank, insurance company, savings and loan association, other person in the business of lending money or guaranteeing loans, any person in the business of obtaining, arranging or negotiating loans or guarantees as agent or broker, and any person in the business of buying loans or instruments for the payment of money which are secured by title to or a security interest in real property, but shall not include any religious institution or organization nor any charitable or educational organization operated, supervised or controlled by a religious institution or organization.
   MARITAL STATUS: The legal status of being married, single, separated, divorced, or widowed.
   NATIONAL ORIGIN: The place in which a person or one of his or her ancestors was born.
   OWNER: Any person who holds legal or equitable title to, or owns any beneficial interest in, any real property or who holds legal or equitable title to shares of, or holds any beneficial interest in, any real estate cooperative which owns any real property.
   PURCHASE: Includes any contract to purchase.
   REAL ESTATE BROKER OR SALESPERSON: A person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property on behalf of another person, or who negotiates or attempts to negotiate any of these activities, or who holds himself or herself out as engaged in these activities.
   REAL ESTATE TRANSACTION: Includes the sale, exchange, rental or lease of real property and also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance:
   A.   For purchasing, constructing, improving, repairing or maintaining a dwelling; or
   B.   Secured by residential real estate.
   REAL PROPERTY: Includes buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.
   RELIGION: Includes all aspects of religious observance and practice, as well as belief, and all aspects of religious nonobservance, nonpractice, and nonbelief.
   SALE: Includes any contract to sell, exchange or convey, transfer or assign legal or equitable title to or beneficial interest in real property.
   SOLICITATION: Any conduct designed or intended to induce the owner of any real property to sell, rent, exchange, convey, transfer or list for sale or rental such real property. (Ord. O-28-09, 4-13-2009)
13-1-2: DISCRIMINATION IN REAL ESTATE TRANSACTIONS PROHIBITED:
   A.   No owner, lessee, or sublessee of real property, real estate broker or salesperson, lender, financial institution, advertiser, or agent of any of the foregoing, shall discriminate against any person because of that person's race, color, religion, national origin, sex, familial status or handicap.
   B.   It shall be a violation for any person listed in subsection A of this section, on the grounds of unlawful discrimination to engage in any of the following acts:
      1.   Refusal to engage in a real estate transaction with a person or discriminate in making available such a transaction.
      2.   Altering the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith.
      3.   Refusal to receive or failure to transmit a bona fide offer to engage in a real estate transaction from a person.
      4.   Refusal to negotiate for a real estate transaction with a person.
      5.   Representing to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or failure to bring a property listing to his or her attention, or refusal to permit him or her to inspect real property.
      6.   Printing, circulating, posting, mailing, publishing or causing to be published a written or oral statement, advertisement or sign, or using a form of application for a real estate transaction, or making a record in inquiry in connection with a prospective real estate transaction, which expresses any limitation founded upon, or indicating, directly or indirectly an intent to engage in unlawful discrimination.
      7.   Offering, soliciting, accepting, using or retaining a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of race, color, religion, national origin, sex, familial status, or handicap in a real estate transaction is intended.
      8.   Soliciting for sale, leasing, listing or purchasing any residential real estate within the village on the grounds of loss of value due to the present or prospective entry into the vicinity of the property involved of any person or persons of any particular race, color, religion, national origin, sex, familial status, or handicap.
      9.   Distributing or causing to be distributed, written material or statements designed to induce any owner of residential real estate in this village to sell or lease his or her property because of any present or prospective changes in the race, color, religion, national origin, sex, familial status, or handicap.
      10.   Intentionally creating alarm, among residents of any community, by transmitting communications in any manner, including a telephone call, whether or not conversation thereby ensues, with a design to induce any owner of residential real estate in this village to sell or lease his or her property because of any present or prospective entry into the vicinity of the property involved of any person or persons of any particular race, color, religion, national origin, sex, familial status, or handicap. (Ord. O-28-09, 4-13-2009)
13-1-3: HANDICAPPED HOUSING:
In addition to those prohibited acts identified in section 13-1-2 of this chapter, the following shall also be unlawful:
   A.   Discrimination: To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with such dwelling because of a handicap of:
      1.   The buyer or renter;
      2.   A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
      3.   Any person associated with that person.
   B.   Inquiry: To make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is sold, rented, or made available, or any person associated with that person has a handicap; or to make inquiry as to the nature or severity of a handicap of such a person.
However, this subsection does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps:
      1.   Inquiry into the applicant's ability to meet the requirements of ownership or tenancy.
      2.   Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with handicaps or to persons with a particular type of handicap.
      3.   Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with handicaps or to persons with a particular type of handicap.
      4.   Inquiry to determine whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance.
      5.   Inquiry to determine whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
   C.   Unit Modification: To refuse to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted.
   D.   Rules And Policies: To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy the dwelling, including public and common use areas.
   E.   New Construction: To fail to design and construct dwellings after March 13, 1991, in such a manner that:
      1.   The public use and common use portions of such dwellings are readily accessible to and usable by a handicapped person;
      2.   All the doors designed to allow passage into and within the premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
      3.   All premises within such dwellings contain the following features of adaptive design:
         a.   An accessible route into and through the dwelling;
         b.   Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
         c.   Reinforcements in bathroom walls to allow later installation of grab bars; and
         d.   Usable kitchen and bathrooms such that an individual in a wheelchair can maneuver about the space.
   F.   Guide/Support Dogs: To refuse to sell or rent because a person has a guide, hearing, or support dog. It shall be a violation for the owner or agent of any housing accommodation to:
      1.   Refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of or otherwise make unavailable or deny property to any blind, hearing impaired or physically handicapped person because he has a guide, hearing, or support dog;
      2.   Discriminate against any blind, hearing impaired, or physically handicapped person in the terms, conditions, or privileges of sale or rental property, or in the provision of services or facilities in connection therewith, because he has a guide, hearing or support dog; or
      3.   Require, because a blind, hearing impaired, or physically handicapped person has a guide, hearing or support dog, an extra charge in a lease, rental agreement, or contract of purchase or sale, other than for actual damage done to the premises by the dog. (Ord. O-28-09, 4-13-2009)
13-1-4: FINANCING:
In addition to those prohibited acts identified in sections 13-1-2 and 13-1-3 of this chapter, it shall be a violation for any financial institution, on the grounds of unlawful discrimination, to:
   A.   Deny any person any of the services normally offered by such an institution;
   B.   Provide any person with any service which is different from or provided in a different manner than that which is provided to other persons similarly situated;
   C.   Deny or vary the terms of a loan because of race, color, religion, national origin, sex, familial status or handicap;
   D.   Deny or vary the terms of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area;
   E.   Deny or vary the terms of a loan without having considered all of the regular and dependable income of each person who would be liable for repayment of the loan;
   F.   Utilize lending standards that have no economic basis; or
   G.   Refuse to purchase or impose different terms or conditions on loans or other debts or securities which support the purchase, construction, improvement, repair, or maintenance of a dwelling or which are secured by residential real estate because of race, color, religion, sex, physical or mental handicap, familial status, or national origin. (Ord. O-28-09, 4-13-2009)
13-1-5: EXEMPTIONS:
   A.   Nothing in this chapter, other than the prohibition against discriminatory advertising, shall apply to the following:
      1.   The rental, lease, or occupancy of a room in an owner occupied single-family dwelling, provided the following conditions are met:
         a.   The owner does not own or have any interest in more than three (3) single-family houses at any one time;
         b.   The house is sold or rented without the use of a real estate broker, agent or salesperson, or the facilities of any person in the business of selling or renting dwellings.
      2.   Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
   B.   Nothing in this chapter shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization or society from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than commercial purposes to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, national origin.
   C.   Nothing in this chapter shall prohibit a private club not, in fact, open to the public, which, as an incident to its primary purposes, provides lodgings which it owns or operates for other than a commercial purpose from listing the rental or occupancy of such lodgings to its members and their guests or from giving preference to its members.
   D.   Nothing in this chapter shall prohibit the rental or sale of a dwelling on the basis of age or handicap when such dwelling is authorized, approved, financed, or subsidized, in whole or in part, by a unit of state, local, or federal government.
   E.   Nothing in this chapter shall limit the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
   F.   Nothing in this chapter shall require the rental or sale of a unit to any person convicted of the illegal manufacture or distribution of a controlled substance.
   G.   Nothing in this chapter shall apply to persons engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on unlawful discrimination or familial status in furnishing appraisals.
   H.   Nothing in this chapter shall prohibit financial institutions from considering sound underwriting practices in contemplation of any loan to any person. Such practices shall include the following:
      1.   The willingness and the financial ability of the borrower to repay the loan;
      2.   The market value of any real estate or other time or property proposed as security for any loan; and
      3.   Diversification of the financial institution's investment portfolio.
   I.   Nothing in this chapter shall prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, creed, age, ancestry, unfavorable military discharge, color, religion, sex, handicap, familial status, or national origin. (Ord. O-28-09, 4-13-2009)
13-1-6: COMPLAINT PROCEDURES:
   A.   The village shall act as a local source for assistance and information for persons who have complaints related to unfair housing practices.
   B.   The village shall provide assistance and information to any such person, which shall include, but is not limited to:
      1.   The rights and remedies available to a person who has been discriminated against by virtue of an unfair housing practice;
      2.   The types of discrimination which are considered to be unfair housing practices;
      3.   The names, addresses and phone numbers of county, state and federal agencies where such person may file formal complaints; and
      4.   Such other relevant information or assistance as the village may have available to assist such person.
   C.   The village administrator shall be responsible for coordinating and directing the village's fair housing procedures. (Ord. O-28-09, 4-13-2009)