A. Definitions: Whenever used in this section:
PERSON: Any person that is also an owner, lessor, sublease, assignor, managing agent, or other individual, firm, or corporation having the right to sell, rent, lease, or sublease any housing unit within the city, or any agent, broker, or other individual working on behalf of any such individual, firm, or corporation.
REAL ESTATE TRANSACTION: The sale, exchange, rental, occupancy, lease, sublease, or lease renewal of real property for residential purposes in the city or the provision of services or utilities in connection with such sale, exchange, rental, occupancy, lease, sublease, or lease renewal. "Real estate transaction" also means with respect to activity conducted or property located in the city, the brokering or appraising of residential real property in the city and the making, purchasing, or guaranteeing of loans or mortgages or providing any other financial assistance either: 1) for purchasing, constructing, improving, repairing, or maintaining a dwelling or 2) secured by residential real property.
B. Prohibitions:
1. Terms And Conditions: No person shall make any distinction, discrimination, or restriction in the price, terms, conditions, or privileges of any real estate transaction, including the decision to engage in or renew any real estate transaction, on the basis of unlawful discrimination.
2. Discriminatory Communications: No person shall publish, circulate, issue, or display, or cause to be published, circulated, issued, or displayed, any communication, notice, advertisement, sign or other writing of any kind relating to a real estate transaction which will indicate or express any unlawful limitation or discrimination on the basis of unlawful discrimination.
3. Listings: No person shall deliberately and knowingly refuse examination of any listing of residential real property within the city to any individual because of unlawful discrimination.
4. Representations: No person shall deliberately and knowingly represent to an individual that residential real property is not available for inspection, sale, rental, or lease in the city when in fact it is available, or fail to bring a residential real estate listing in the city to an individual's attention, or refuse to permit a person to inspect residential real property in the city because of unlawful discrimination.
5. Blockbusting: No person shall solicit for sale, lease, or listing for sale or lease, residential real property within the city on the grounds of loss of value due to the present or prospective entry into any neighborhood of any individual or individuals of any particular race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, gender identity, or housing status.
6. Encouragement Of Blockbusting: No person shall distribute or cause to be distributed written material or statements designed to induce any owner of residential real property in the city to sell or lease his, her, or its property because of any prospective change in the race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, gender identity, or housing status of individuals in the neighborhood.
7. Creating Alarm: No person shall intentionally create alarm among residents of any community within the city by transmitting communication in any manner, including a telephone call whether or not conversation thereby ensues, with a design to induce any person within the city to sell or lease his or her residential real property within the city because of the present or prospective entry into the vicinity of the property of any individual or individuals of any particular race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, gender identity, or housing status.
C. Exceptions: The prohibitions in this section shall not apply to any of the following:
1. Age: Restricting rental or sale of a housing accommodation to an individual of a certain age group: a) when such housing accommodation is authorized, approved, financed, or subsidized in whole or in part for the benefit of that age group by a unit of state, local, or federal government; or b) when the duly recorded initial declaration of a condominium or community association limits such housing accommodations to individuals fifty (50) years of age or older, provided that an individual or members of the household of an individual owning or renting a unit in such housing accommodation prior to the recording of the initial declaration shall not be deemed to be in violation of the age restriction as long as the individual or household member continues to own or reside in the housing accommodation.
2. Religion: Limitation by a religious organization, association, or society, or any not for profit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, of the sale, rental, or occupancy of a dwelling which it owns or operates for other than a commercial purpose to individuals of the same religion, or from giving preference to such individuals.
3. Single Sex: Restricting the rental of rooms in a housing accommodation to individuals of one sex. The determination of an individual's sex or gender shall be based upon the sex or gender of that individual as reflected on any official identification of that individual recognized by the state of Illinois, including a driver's license or state identification card.
4. Private Rooms: Rental of a room or rooms in a private home by an owner if he or she or a member of his or her family resides therein or, while absent for a period of not more than twelve (12) months, if he or she or a member of his or her family intends to return to reside therein.
5. Housing Assistant Program: Notwithstanding anything to the contrary contained in this chapter, nothing contained in this section shall require any person who does not participate in the federal section 8 housing assistance program (42 USC 1437f) to accept any subsidy, payment assistance, voucher, or contribution under or in connection with such program or to lease or rent to any tenant or prospective tenant who is relying on such a subsidy, payment assistance, contribution, or voucher for payment of part of the rent for such housing accommodation.
D. Sexual Harassment: No person shall engage in sexual harassment in any real estate transaction. "Sexual harassment" means any unwelcome sexual advance, request for sexual favors, or conduct of a sexual nature when: 1) submission to such conduct is an explicit or implicit term or condition of an individual's real estate transaction; or 2) submission to or rejection of such conduct by an individual is used as the basis for any decision affecting the individual's real estate transaction; or 3) such conduct has the purpose or effect of substantially interfering with an individual's real estate transaction or creating an intimidating, hostile, or offensive environment with respect thereto. (Ord. O-12-2010, 4-5-2010)