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Fair Housing Law
9-13 Discriminations in Real Estate Transactions
9-13.1 Declaration of Policy
It is hereby declared to be the policy of the Village of Wilmette, in the exercise of its police power for the protection of the public safety, public health, public morals and public welfare, and its powers to license and regulate real estate brokers, and for the promotion of equal opportunity to all persons to live in decent facilities, regardless of the actual or perceived status, practice or expression of that person's race, color, religion, age, or national origin, or ancestry, sex, age, disability, sexual orientation, marital status, parental status, military discharge status, source of income, or housing status, or the actual or perceived association with such a person, to prohibit discrimination in housing and real estate transactions.
9-13.2 Definitions
As used in this section, unless the context otherwise requires, the following definitions will prevail: (a) Age: chronological age of not less than 40 years. (b) Disability: (1) a physical or mental impairment that substantially limits one or more of the major life activities of any individual; or, (2) a record of such an impairment; or, (3) being regarded as having such an impairment. Excluded from this definition is an impairment relating to the illegal use, possession or distribution of "controlled substances" as defined in schedules I through V of the Controlled Substances Act (21 U.S.C. 812). (c) Housing status: (1) the type of housing in which an individual resides, whether publicly or privately owned; or, (2) an individual's ownership status with respect to the individual's residence; or, (3) the status of having or not having a fixed residence. (d) Marital status: means the status of being single, married, divorced, separated, or widowed. (e) Military discharge status: means the fact of having been discharged from the Armed Forces of the United States, their Reserve components or any National Guard or Naval Militia other than by a "dishonorable discharge." (f) National origin: means the place in which an individual or one of his or her ancestors was born. (g) Parental status: means the status of living with one or more dependent minors or disabled children. (h) Person: one or more individuals, partnerships, associations or organizations, corporations, recipients of government funds, legal representatives, trusts, trustees in bankruptcy, or receivers; state governments other than that of Illinois, or commercial operations or entities controlled by governments other than those of Illinois, or of the United States, that is also an owner, lessor, sublessor, assignor, managing agent, or other individual, firm, or corporation having the right to sell, rent, lease, or sublease any housing unit within the Village of Wilmette, or any agent, broker, or other individual working on behalf of any such individual, firm, or corporation. (i) Real estate: any building, structure or portion thereof in the Village of Wilmette which is used or occupied as a home, residence or dwelling place of one or more persons. (j) Religion: means all aspects of religious observance and practice, as well as belief, or the actual identification with or perceived identification with a religion. (k) Sexual orientation: means the status or expression, whether actual or perceived, of heterosexuality, homosexuality, or bisexuality. (l) Source of income: means the lawful manner by which an individual supports himself or herself and his or her dependents. (m) Unlawful discrimination: discrimination against a person because of the actual or perceived status, practice, or expression of that person's race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, or housing status; or the actual or perceived association with such a person.
9-13.3 Licenses
It shall be unlawful for any person to act as a real estate broker in the village without first obtaining a license as provided in Chapter 5, Section 5-2 of this Code, and the Illinois Real Estate License Act of 1983, ILCS, Ch. 225, Act 455, § 1 et seq.
9-13.4 Prohibited Acts
No person shall engage in any discriminatory real estate practice. A discriminatory real estate practice occurs upon the violation of any one or more of the following prohibitions: (a) 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. (b) 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. (c) Listings. No person shall deliberately and knowingly refuse examination of any listing of residential real property within the Village of Wilmette to any individual because of unlawful discrimination. (d) 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 Village of Wilmette when in fact it is available, or fail to bring a residential real estate listing in the Village of Wilmette to an individual's attention, or refuse to permit a person to inspect residential real property in the Village of Wilmette because of unlawful discrimination. (e) Blockbusting. No person shall solicit, for sale, lease, or listing for sale or lease, residential real property within the Village of Wilmette 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, or housing status. (f) 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 Village of Wilmette 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, or housing status of individuals in the neighborhood. (g) Creating Alarm. No person shall intentionally create alarm among residents of any community within the Village of Wilmette 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 Village of Wilmette to sell or lease his or her residential real property within the Village of Wilmette 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, or housing status. (h) Notice of Fair Housing Ordinance. No person shall show real property located in the village, which is offered to the public for sale or lease, without notifying the prospective purchaser or lessee in writing (in twelve (12) point type or larger) that, "Wilmette prohibits discrimination in real estate transactions based on race, color, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income or housing status (Wilmette Village Code, Ch. 9, §9-13). Feel free to contact the Village's Corporation Counsel by calling (847) 251-2700 [TDD No. (847) 853-7634] to make a complaint or to request further information." This requirement shall not apply to any property or rental unit offered for sale or lease, respectively, which is exempted pursuant to Section 9-13.5(g) from the provisions of this Chapter. (96-O-26, 6/11/96)
9-13.5 Exemptions
The prohibitions in Section 9-13.4 shall not apply to any of the following: (a) Age. Restricting rental or sale of housing accommodation to an individual of a certain age group: (1) 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, (2) when the duly recorded initial declaration of a condominium or community association limits such housing accommodations to individuals 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. (b) 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. (c) Single Sex. Restricting the rental of rooms in a housing accommodation to individuals of one sex. (d) 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 months, if he or she or a member of his or her family intends to return to reside therein. (e) Section 8 Housing. Notwithstanding anything to the contrary contained in this Ordinance, nothing contained in this Section 9-13 shall require any person who does not participate in the federal Section 8 housing assistance program (42 U.S.C 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. (f) Public Offering. Nothing in Section 9-13 shall require an owner to offer property to the public at large before selling or renting it, nor shall this section be deemed to prohibit owners from giving preference to prospective tenant or buyers for any reason other than unlawful discrimination. (g) Owner-Occupied Dwellings. Nothing in Section 9-13 shall apply to the listing of rooms to roomers in a dwelling unit occupied by the owner or lessee of the entire premises as a family household having not more than two roomers exclusive of domestic servants, or to owner occupied dwellings involving less than six units. (h) Good Faith Negotiation. Nothing in Section 9-13 shall require a person to offer property for sale or lease or rental to any person if the owner has any reason to believe that such a person is not negotiating for the purchase, lease, or rental thereof in good faith. (89-0-68, 12/5/89; 94-O-90, 11/8/94)