Chapter 11
FAIR HOUSING POLICYlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22415
4-11-1: DECLARATION OF POLICY:
4-11-2: DEFINITIONS:
4-11-3: PROHIBITED ACTS:
4-11-4: RELOCATION PURSUANT TO FEDERALLY ASSISTED PROGRAMS:
4-11-5: ADMINISTRATIVE REVIEW OF ALLEGED VIOLATIONS:
4-11-6: DUTIES OF ADMINISTRATIVE HEARING OFFICER:
4-11-7: PROCEDURE FOR FILING AND HANDLING COMPLAINTS:
4-11-8: PENALTY:

4-11-1: DECLARATION OF POLICY:linklink


A. Equal Opportunity Housing: In furthering the policy of the state as expressed in its constitution and other laws; in order that the safety and general welfare, peace and health of all the inhabitants of the city may be ensured, it is hereby declared the policy of the city, to assure equal opportunity to all residents, regardless of race, color, religion, sex, age, disability, marital status, familial status, sexual orientation, national origin or ancestry, to live in decent, sanitary, healthful, standard living quarters.


B. Discrimination: It is the policy of the city that no owner, lessee, sublessee, assignee, managing agent, or other person, having the right to sell, rent, lease (or otherwise control) any housing accommodation and/or real property within the city, or any agent of these, shall refuse to sell, rent, lease, or otherwise deny to or withhold from any person or group of persons such housing accommodations and/or real property because of race, color, religion, sex, age, disability, marital status, familial status, sexual orientation, national origin or ancestry of such person or persons or discriminate against any person or persons because of race, color, religion, sex, age, disability, marital status, familial status, sexual orientation, national origin or ancestry in the conditions, terms, privileges of the sale, rental or lease of any housing accommodation and/or real property or in the furnishing of facilities and/or services in connection therewith.


C. Grievances: It is the policy of the city that grievances arising from relocation due to the acquisition of property by the city are to be resolved in a fair, responsible manner.


D. Desegregation: Relocation shall be carried out in a manner that will promote maximum choice within the community's total housing supply; lessen racial, ethnic, and economic concentrations; and facilitate desegregation and racially inclusive patterns of occupancy and use of public and private facilities. (Ord. 2003-66)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22415#s193707
4-11-2: DEFINITIONS:linklink

Unless a different meaning clearly appears from the context, the following terms shall have the meanings ascribed in this section and as used in this chapter:

DECENT, SANITARY, HEALTHFUL STANDARD LIVING: Housing which is in sound, clean, and weathertight condition in conformance with applicable local, state, and national codes.

DISCRIMINATE OR DISCRIMINATION: Any difference expressed in any way toward a person or persons in the terms of the sale, exchange, lease, rental or financing for housing accommodation and/or real property in regard to such sale, exchange, rental, lease or finance because of race, color, religion, sex, age, disability, marital status, familial status, sexual orientation, national origin or ancestry of such person.

FINANCIAL INSTITUTION: Any person, institution or business entity of any kind which loans money to persons and receives as security for said loans a secured interest of any kind in the real property of the borrower.

HOUSING ACCOMMODATION: Includes any building, structure, or portion thereof which is used or occupied, maintained, arranged or designed to be used or occupied as a home, residence or sleeping place of one or more human beings, or any real estate so used, designed or intended for such use.

OWNER: Any person/persons who hold legal or equitable title to, or owns any beneficial interest in any real property or who hold legal or equitable title to shares of, or hold any beneficial interest in any real estate cooperative which owns any real property and/or housing accommodation(s).

REAL ESTATE BROKER: Any person, partnership, association, corporation and/or agent thereof, who for a fee or other valuable consideration offers, sells, purchases, exchanges or rents, or negotiates, for the sale, purchase, exchange or rental of a housing accommodation and/or real property of another, or collects rental for the use of a housing accommodation and/or real property of another.

REAL PROPERTY: Any real estate, vacant land, building, structure or housing accommodations within the city limits of the city of Carbondale, Illinois. (Ord. 2003-66)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22415#s193708
4-11-3: PROHIBITED ACTS:linklink


A. Discrimination Unlawful: It shall be unlawful for any owner of real estate, lessee, sublessee, real estate broker or salesman, financial institution or employee of the financial institution, advertiser, or agent of any or all of the foregoing, to discriminate against any person or persons because of their race, color, religion, sex, age, disability, marital status, familialstatus, sexual orientation, national origin or ancestry with regard to the sale, exchange or rental, or any dealing concerning any housing accommodation and/or real property.


B. Realtors, Lending Institutions, Hold To Standards: In addition to the foregoing, it shall also be unlawful for any real estate broker or employee thereof, owner or other person, or financial institution dealing with housing or real property in the city:

1. To discriminate against any person in the availability of or the price, terms, conditions, or privileges of any kind relating to the sale, rental, lease, or occupancy of any housing accommodation or real property in the city or in furnishing of any facilities or services in connection therewith.

2. To publish or circulate, or cause to be published or circulated, any notice, statement or advertisement, or to announce a policy, or to use any form of application, for the purchase, lease, rental or financing of real property, or to make any record of inquiry in connection with the prospective purchase, rental or lease of such real estate, which expresses directly or indirectly any discrimination as to race, color, religion, sex, age, disability, marital status, familial status, sexual orientation, national origin or ancestry.

3. To discriminate in connection with lending money, guaranteeing loans, accepting mortgages or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation and/or real property.

4. To solicit for sale, lease, or listing for the sale or lease, of any housing accommodation and/or real property on the ground of loss of value because of the present or prospective entry into any neighborhood of any person or persons of any particular race, color, religion, sex, age, disability, marital status, familial status, sexual orientation, national origin or ancestry.

5. To distribute or cause to be distributed, written material or statements designed to induce any owner of any housing accommodation and/or real property to sell or lease his property because of any present or prospective change in the race, color, religion, sex, age, disability, marital status, familial status, sexual orientation, national origin or ancestry.

6. To make any misrepresentations concerning the listing for sale or the anticipated listing for sale of any housing accommodation and/or real property for the purpose of inducing or attempting to induce the sale or listing for sale of any housing accommodation and/or real property by representing that the presence or anticipated presence of persons of any particular race, color, religion, sex, age, disability, marital status, familial status, sexual orientation, national origin or ancestry in the area will or may result in the lowering of property values in the block, neighborhood, or area in which the property is located.

7. For an owner to solicit any real estate broker to sell, rent or otherwise deal with such owner's housing accommodations and/or real property with any limitation on its sale based on race, color, religion, sex, age, disability, marital status, familial status, sexual orientation, national origin or ancestry.

8. For an owner to refuse to sell, rent, or otherwise deal with any housing accommodation and/or real property because of race, color, religion, sex, age, disability, marital status, familial status, sexual orientation, national origin or ancestry of the proposed buyer or tenant. (Ord. 2003-66)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22415#s193709
4-11-4: RELOCATION PURSUANT TO FEDERALLY ASSISTED PROGRAMS:linklink

Where required by federal law or regulation, relocation caused by the city in carrying out federally assisted programs shall be consistent with policies and requirements under the uniform relocation assistance and real property acquisition act of 1970 (PL 91-646, 1371.1) or current additions or revisions and applicable federal regulations. (Ord. 95-92)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22415#s193710
4-11-5: ADMINISTRATIVE REVIEW OF ALLEGED VIOLATIONS:linklink


A. City Manager Act As Hearing Officer: The city manager or his designee is hereby appointed as the administrative hearing officer for alleged violations of sections 4-11-1 through 4-11-3 of this chapter.


B. Third Party Hearing Officer: The city manager shall appoint an independent third party as the hearing officer for alleged violations of section 4-11-4 of this chapter. (Ord. 95-92)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22415#s193711
4-11-6: DUTIES OF ADMINISTRATIVE HEARING OFFICER:linklink


A. Duties Enumerated: It shall be the duty of the administrative hearing officer to:

1. Receive or initiate, record, and investigate complaints charging violations of sections 4-11-1 through 4-11-3 and sections 4-11-6 through 4-11-8 of this chapter.

2. Seek conciliation of parties involved in such complaints and grievances by conciliation, conference, formal and informal hearings where necessary, making findings of fact, issuing recommendations to the city manager and city council, and publishing its findings of fact and recommendations in accordance with the provisions of section 4-11-7 of this chapter.

3. Adopt such rules and regulations as may be necessary to carry out its purposes and provisions of sections 4-11-1 through 4-11-3 and 4-11-5 through 4-11-8 of this chapter subject to the concurrence of the city council.

4. Report annually to the Carbondale city council concerning the implementation of sections 4-11-1 through 4-11-3 and 4-11-5 through 4-11-8 of this chapter including recommendations relating thereto.


B. Third Party Hearing Officer: It shall be the duty of the independent third party hearing officer to:

1. Receive, record, and investigate relocation grievances charging violation of sections 4-11-4, and 4-11-6 through 4-11-8 (as they pertain to relocation grievances) of this chapter. Among the items which the administrative hearing officer may consider as a grievance are displacement timing, amount of remuneration, availability and suitability of relocation housing, and conditions of housing being temporarily occupied while persons are awaiting permanent relocation. The independent third party hearing officer shall not be concerned with general relocation planning or general relocation grievance to be within his jurisdiction if the aggrieved party has not first attempted in good faith to resolve the grievance through normal city administrative procedures.

2. Seek conciliation of parties involved in such complaints and grievances by conciliation, conference, formal and informal hearings where necessary, making findings of fact, issuing recommendations to the city manager and city council, and publishing its findings of fact and recommendations in accordance with the provisions of section 4-11-7 of this chapter.

3. Adopt such rules and regulations as may be necessary to carry out his purposes and the provisions of sections 4-11-4 of this chapter subject to the concurrence of the city council. (Ord. 95-92)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22415#s193712
4-11-7: PROCEDURE FOR FILING AND HANDLING COMPLAINTS:linklink


A. Complaint; Form And Procedure: Any person aggrieved in any manner by any violation of any provisions of this chapter may file a written signed complaint setting forth his grievance on a form obtainable in the city clerk's office, city hall.

1. Such complaint must be filed with the clerk of the city within thirty (30) days from the date of commission of the alleged violation (or within 180 days in the case of a relocation grievance) and shall include the name and address of the complainant or aggrieved party and the name and address of the person and/or agency against whom the complaint is filed and a brief statement of the facts surrounding the alleged violation.

2. Upon receipt of a written signed complaint, the city clerk shall notify the city manager of receipt of the complaint and provide the city manager with a copy of the complaint. The city manager shall, within three (3) business days of receipt of the complaint from the city clerk, appoint an appropriate hearing officer, depending on the nature of the complaint, and providethe hearing officer with a copy of the complaint.


B. Decision Of Hearing Officer; Conciliation Hearing: Upon appointment by the city manager, the hearing officer will decide if the complaint is within his jurisdiction and give written notice of his decision to all affected parties within five (5) days of receipt of the complaint from the city manager. For those cases which the hearing officer finds to be within his jurisdiction, the hearing officer will call for a conciliation hearing (after conducting whatever investigation it deems necessary) within no more than fourteen (14) business days from its initial receipt of the complaint.


C. Conduct Informal Interviews: At the conciliation hearing, the hearing officer shall informally interview the complainant and person, persons, or agency against whom the complaint has been directed and shall attempt to resolve the complaint by all proper methods of conciliation and persuasion.


D. Formal Hearing: If such attempts at conciliation are not successful, the hearing officer shall, within twenty one (21) days of its receipt of a written complaint, proceed promptly to set a date for a formal hearing to be held within thirty (30) days of its receipt of the written complaint.


E. Form And Content Of Hearing: Such formal hearing shall be conducted by the hearing officer upon due and reasonable notice of all parties concerned. The hearing officer shall have full power to subpoena witnesses and pertinent documents which powers may be enforced by the hearing officer by proper petition to any court of competent jurisdiction. The hearing officer shall have the power to request and receive relevant records of the city relative to specific complaints. The hearing officer shall have power to administer oaths and to take sworn testimony. At the conclusion of the hearing, the hearing officer shall render a written report and recommendations which shall be served in person or by mail upon the complainant, the party complained against, the city manager, and the city council, together with his recommendation, if any, that the city attorney be instructed to seek injunctive relief in any court of competent jurisdiction to prohibit such violation and/or to prosecute any person or persons who may be in violation of any provisions of this chapter. If the purpose of the hearing was to consider a relocation grievance, the independent third party hearing officer shall recommend to the city manager and city council resolution, if possible, of the grievance within the confines of the relocation policy.


F. File Complaint: The hearing officer shall be empowered at the conclusion of such proceedings as a part of its report, to file with the city council, for the purpose of having the city council file with the department of registration and education of the state, a complaint against any real estate broker (or owner) violating any provisions of this chapter, seeking suspension of the license issued to such broker by the state.


G. Record Of Proceedings: The hearing officer shall keep records of his proceedings, especially of his decisions and the reasons for making them. A copy of the proceedings shall be transmitted to the city clerk, city manager, and the city council. (Ord. 95-92)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22415#s193713
4-11-8: PENALTY:linklink

Any person convicted of violating any of the provisions of this chapter shall be punished by a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00). Each day a violation continues shall constitute a separate violation. This section shall, in no way abrogate or impair the right of the city to specifically enforce, by any legal means, any of the provisions of this chapter. (Ord. 95-92; Ord. 97-166)



http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22415#s193714