For the purposes of this chapter, the following words and terms shall have these specified meanings.
"ACCESSIBLE." The public and common use areas of the multifamily dwellings can be approached, entered, and used by individuals with physical handicaps.
"ACCESSIBLE ROUTE." A continuous unobstructed path that connects accessible elements and spaces in a building or within a site that can be negotiated by a person using a wheelchair and that is also safe for and usable by people with other disabilities. A route that complies with the requirements of the American National Standards Institute's (ANSI) A117.1-1986, as amended from time to time, the Illinois Accessibility Code (71 Ill. Admin. Code. Sec. 400.350(e) (1-6)), as amended from time to time, or a comparable standard shall be considered an accessible route.
"AGE." The chronological age of a person.
"AGGRIEVED PERSON." Any person who claims to have been injured by a discriminatory housing practice or who believes that such a person will be injured by a discriminatory housing practice that is about to occur.
"ANSI A177.1-1986." The 1986 edition of the American National Standard Institute for buildings and facilities providing accessibility and usability for physically handicapped people, as hereafter amended from time to time.
"BOARD OF TRUSTEES." The President and Board of Trustees of the Village of Tinley Park.
"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.
"COMMON USE AREAS." Those rooms, spaces or elements inside or outside of a building that are made available for the use of residents of a building or their guests. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas and passageways among and between buildings.
"CONCILIATION." The attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent and the designated officials of the Village of Tinley Park.
"CONGREGATE ELDERLY HOUSING." A building or a special use development housing more than one family, with or without separate dwelling units for each family, at least 80% of the occupancy of which is limited to persons who are at least 55 years of age (or, if two or more persons occupy a unit, at least one shall be 55 years of age or more), and which provides significant and coordinated social and support services to residents, such as meals, housekeeping, laundry, recreation, education and transportation.§ 102.03
"DISCRIMINATE." To treat any person differently from others because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, familial status, disability or physical or mental handicap.
"DISCRIMINATORY NOTICES, STATEMENTS AND ADVERTISEMENTS." Include, but are not limited to, the following actions that are based on race, color, religion, creed, ancestry, national origin, age, sex, marital status, familial status, disability or physical or mental handicap:
(1) Using words, phrases, photographs, illustrations, symbols or forms which convey that dwellings are available or not available to a particular group of persons:
(2) Expressing to agents, brokers, employees, prospective sellers or renters or to any other persons a preference for or limitation on any purchaser or renter;
(3) Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities; and
(4) Refusing to publish advertising for the sale or rental or dwellings or requiring different charges or terms for such advertising.
"DWELLING." A building or portion of a building designed or used exclusively for residential purposes, including single family and multiple family dwellings, but not including mobile homes or other trailers and lodging rooms in hotels, motels or lodging houses.
"DWELLING, MULTI-FAMILY." Four or more dwelling units, including modular homes, attached along and sharing one or more common walls between any two units and/or stacked one above another.
"DWELLING UNIT." One or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities that are permanently installed to serve the entire family shall always be included within each dwelling unit.
"FAMILIAL STATUS." One or more individuals who have not attained the age of 18 years being domiciled with a parent or another person having legal custody of such individual(s) or the designee of such parent or other person having such custody with the written permission of such parent or other person.
"FAMILY." An individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than six persons not related by blood, marriage or adoption, living together as a single housekeeping unit.
"FINANCIAL INSTITUTION." A bank, credit union, savings and loan association or other similar 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 any person:
(1) A physical or mental impairment which substantially limits one or more of such person's major life activities;
(2) A record of having such an impairment; or
(3) Being regarded as having such an impairment.
The term "HANDICAP" does not include current, illegal use of or addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act. (21 U.S.C. 802)
"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.
"LEASE." Any sublease, assignment, or rental and any contract to enter into any of the foregoing.
"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.
"NURSING HOME." A home for the elderly, chronically ill, infirm, or incurable persons, or a place of rest for those suffering bodily disorders, in which three or more persons, not members of a family residing on the premises, are provided with food, lodging and medical care, but not including hospitals, clinics or life care communities (even though a life care community may include a nursing home as one of its components).
"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.
"OWNER." A person or persons recorded on such official records and includes a duly authorized agency or notary, a trustee, a purchaser, or a devisee; any person having a vested or contingent interest in the property in question.
"PERSON." An individual, corporation, governmental agency, business, trust estate, partnership, two or more persons have joint or common interest, or any other legal entity.
"PERSON IN THE BUSINESS OF SELLING OR RENTING DWELLINGS." A person:
(1) Who has, within the preceding 12 months, participated as a principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) Who has, within the preceding 12 months, 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 any interest therein; or
(3) Who is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
"PUBLIC USE AREAS." Interior and 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 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, or who negotiates or attempts to negotiate any of these activities, or who holds himself or herself out as engaged in these.
"REAL ESTATE TRANSACTION." The purchase, sale, fee, equitable title to, 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. The term "REAL ESTATE TRANSACTION" also includes the selling, 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 building, 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.
"RESIDENTIAL CARE HOME." A dwelling in which staff persons provide care, education, and participation in community activities for a group of unrelated individuals who have long-term mental, intellectual, developmental or physical disabilities, and who are unable to live independently but are capable of community living if provided with an appropriate level of supervision, assistance and support services, but who do not require on-site medical or nursing facilities, with the primary goal of developing or exercising basic skills for daily living. This does not include dwellings for persons whose primary reason for placement in the dwelling is the abuse of alcohol or controlled substances, or the need for continuous nursing or medical care, or treatment for a communicable disease, or for persons who have recently been released from incarceration, or dwellings which serve as an alternative to incarceration for persons convicted of criminal offenses or declared criminally insane or dangerous.
"SEX." The status of being either male or female.
"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, familial status, disability or physical or mental handicap so as to promote or maintain segregation.
"TO RENT." Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
"VILLAGE." The Village of Tinley Park, Cook and Will Counties, Illinois.
(Ord. 94-0-032, passed 5-17-94)