As used in this chapter, the following terms have the following meanings:
(1) 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.
(2) 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".
(4) Aggrieved Party. A person who is alleged or proved to have been injured by a violation of this chapter, or believes he or she will be injured by a violation of this chapter that is about to occur.
(5) 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 such offers, solicitations or contracts or any residential real estate related transactions.
(6) Common Use Areas. Rooms, spaces or elements inside or outside of a building that are made available for the use of all residents of a building or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mailrooms, recreational areas and passageways among and between buildings.
(7) Complainant. See "aggrieved party".
(8) Conciliation. The attempted resolutions of issues raised by an accusation of a violation of this chapter, or the investigation of such accusation, through informal negotiations involving the aggrieved party, the respondent and the administrator.
(9) Conciliation Agreement. A written agreement setting forth the resolution of the issues in conciliation.
(10) 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.
(11) Discrimination. To treat any person differently from others because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(12) 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.
(13) Elderly Person. A person fifty-five (55) years of age or older.
(14) 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 custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.
(15) 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 and which operates or has a place of business in the State of Illinois.
(16) Handicap. A determinable physical or mental characteristic of a person including, but not limited to, a determinable physical characteristic which necessitates the person's use of a guide, hearing or support dog, the history of such characteristic, or the perception of such characteristic by the person complained against; which may result from disease, injury, congenital condition of birth or function disorder and which characteristic, for purposes of Section 289.05, is unrelated to the person's ability to acquire, rent or maintain a housing accommodation.
(17) 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.
(18) Housing for Older Persons. As used herein, means:
(a) Housing provided under any State or Federal program that the United States Secretary of Housing and Urban Development (Secretary) and/or the Illinois Department of Human Rights (Department) determines is specifically designed and operated to assist elderly persons (as defined in the Illinois or Federal program); or
(b) Housing intended for, and solely occupied by persons sixty-two (62) years of age or older; or
(c) Housing intended and operated for occupancy by persons fifty-five (55) years of age or older; and
(1) At least eighty percent (80%) of the occupied units are occupied by at least one person who is fifty-five (55) years of age or older; and
(2) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subsection; and
(3) The housing facility or community complies with rules issued by the Secretary and/or Department for verification of occupancy, which shall:
(A) Provide for verification by reliable surveys and affidavits; and
(B) Include examples of the types of policies and procedures relevant to a Determination of compliance with the requirement of subsection (c)(2) of this definition. Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purpose of such verification.
(d) Housing shall not fail to meet the requirements for housing for older persons by reason of unoccupied units providing that such units are reserved for occupancy by persons who meet the age requirement of this definition.
(19) Lease. Includes any sublease, assignment, or rental and any contract to enter into any of the foregoing.
(20) Loan. Includes, but is not limited to, the providing of funds, for consideration, which are sought for:
(a) The purpose of purchasing, construction, improving, repairing, or maintaining a housing accommodation; or
(b) Any commercial or industrial purposes; or
(c) Secured by residential real estate.
(21) Marital Status. The legal status of being married, single, separated, divorced or widowed.
(22) Modification. Any change to the public or common use areas of a building or any change to a dwelling unit.
(23) National Origin. The place in which a person or one of his or her ancestors was born.
(24) 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.
(25) 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.
(26) Person. Includes one or more individuals, corporations, partnerships, labor organizations, associations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.
(27) 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 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 (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 occupied by, five (5) or more families.
(28) Public Contract. Includes every contract to which the State of Illinois, any of its political subdivisions or any municipal corporation is a party.
(29) 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.
(30) Real Estate Transaction. The purchase or sale of the 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. Real estate transaction shall also include 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.
(31) 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.
(32) Religion. Includes all aspects of religious observance and practice, as well as belief.
(33) Respondent. The person who is alleged to have violated any provision of this chapter pursuant to a complaint filed with the Manager.
(34) Sex. The status of being male or female.
(35) 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, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap so as to promote or maintain segregation.
(36) Unlawful Discrimination. Discrimination against a person because of (his or her) race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap, or to coerce, intimidate, threaten or interfere with the exercise or enjoyment of rights granted or protected hereunder.
(37) Varying Terms. Includes, but is not limited to, the following practices:
(a) Requiring a greater down payment than is usual for the particular type of 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) An under appraisal of real estate or other item of property offered as security.
(Ord. 2003-11. Passed 3-10-03.)