G18-86 Ordinance No. G18-86
AN ORDINANCE
AMENDING CHAPTER 3.12 OF THE ELGIN MUNICIPAL CODE, 1976,
ENTITLED COMMISSION ON HUMAN RELATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section I. That Section 3.I2.050C of the Elgin Municipal Code, 1976, as amended,
be and is hereby amended to read as follows:
C. The commission shall cooperate with state and federal agencies
and may, with the approval of the City Council, enter into cooperative
agreements with state and federal agencies whenever it deems such actions
appropriate in effectuating the policies of this chapter.
Section 2. That Section 3.12.050D of the Elgin Municipal Code, 1976, as amended,
be and is hereby amended to read as follows:
D. The commission shall receive and investigate complaints of
tensions, practices of discrimination and acts of prejudice against any
person or group because of race, color, religion, national origin, ancestry,
sex, or physically handicapped condition, and shall seek to resolve such
matters through consultation and advice. The commission may make such
recommendations to the mayor, city council, and city manager as in its
judgment will effectuate the policy of this chapter and, subject to the
approval of the city council, may issue such publications and such special
reports concerning its work and investigations as it may consider desirable
in the public interest.
Section 3. That Section 3.12.070B of the Elgin Municipal Code, 1976, as amended,
be and is hereby amended to read as follows:
B. For any employment agency to fail to refuse to classify properly,
accept applications and register for employment, refer for apprenticeship,
or otherwise to discriminate against any person because of his race, color,
religion, sex, national origin, place of birth, age, mental or physical handi-
cap, or ancestry, or to accept from any person any job order, requisition or
request for referral of applicants for employment or apprenticeship which
makes, or has the effect of making, race, color, religion, sex, national
origin, ancestry or physical handicap a condition of referral, except for a
bona fide occupational qualification; or
Section 4. That Section 3.12.080 of the Elgin Municipal Code, 1976, as amended,
be and is hereby amended to read as follows:
3.12.080 Unfair Housing Practices
A. It is unlawful and an unfair housing practice for any owner of
real estate, lessor, sublessor, real estate broker or salesperson, lender,
financial institution, advertiser or agent of any of the foregoing:
I. To make any distinction, discrimination or restriction
against or to refuse to negotiate with any person in the price, terms, condi-
tions or privilege of any kind relating to the sale, rental, lease or occupancy
of any real estate in the city or in the furnishing of any facilities or
services in connection therewith, predicated upon the race, color, religion,
national origin, ancestry, sex or physical handicap of the prospective or
actual buyer or tenant thereof, or because of the race, color, religion,
national origin, ancestry, sex or physical handicap of the friends or asso-
ciates of such person;
2. To 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 the sale, rental,
or leasing of any real estate within the city, which will indicate or express
any limitation or discrimination in the sale, rental or leasing of such real
estate, predicated upon the race, color, religion, national origin, ancestry,
sex or physical handicap of any prospective buyer, lessee or renter of such
property;
3. To refuse to sell, lease or rent or to refuse to negotiate the
sale, lease or rental of any real estate within the city because of the race,
color, religion, national origin, ancestry, sex or physical handicap of the
proposed buyer or renter;
4. To otherwise make unavailable or deny a dwelling because of
race, color, religion, national origin, ancestry, sex or physical handicap;
5. To discriminate or to participate in the discrimination in
connection with borrowing or lending money, guaranteeing loans, accepting
mortgages or otherwise obtaining or making available funds for the
purchase, acquisition, construction, rehabilitation, repair or maintenance of
any real estate in the city because of race, color, religion, national origin,
ancestry, sex or physical handicap;
6. To discriminate in price against any person for the sale or
rental of real estate because of race, color, religion, national origin,
ancestry, sex or physical handicap;
7. To solicit for sale, lease or listing for sale or lease, real
estate within the city on the ground of loss of value due to the present or
prospective entry into any neighborhood of any person or persons of any
particular race, color, religion, national origin, ancestry, sex or physical
handicap;
8. To distribute or cause to be distributed written material or
statements designed to induce any owner of real estate in the city to sell or
lease his property because of any present or prospective change in the race,
color, religion, national origin, ancestry, sex or physical handicap of
persons in the neighborhood;
9. To deny a person access to, or membership or participation
in, multiple listing services, real estate brokers' organizations, or other
services because of race, color, religion, national origin, ancestry, sex or
physical handicap;
10. To enter into a listing agreement which prohibits the sale or
rental of real estate to any person because of race, color, religion, national
origin, ancestry, sex or physical handicap;
II. To falsely represent that a dwelling is not available for
inspection, sale or rental or to make a dwelling unavailable for inspection,
sale or rental because of a person's race, color, religion, national origin,
ancestry, sex or physical handicap.
B. No provisions of this chapter shall be construed to require an
owner to offer property to the public at large before selling or renting it,
nor shall this chapter be deemed to prohibit owners from giving preference
to prospective tenants or buyers for any lawful reason other than race,
color, religion, national origin, ancestry, sex or physical handicap. Specifi-
cally, this chapter shall not be construed to:
I. Bar any religious or denominational institution or organiza-
tion, or any charitable or educational organization operated, supervised or
controlled by or in connection with a religious organization, from limiting
living accommodations, or giving preference with respect thereto, to
persons of the same religion or denomination;
2. Apply to the leasing of rooms to roomers in a dwelling unit
occupied by the owner or lessee of the entire premises as a family house-
hold having not more than two (2) roomers exclusive of salaried household
employees living on premises;
3. Prohibit the operation of housing units designed and offered
predominantly for use and occupancy by persons over the age of sixty-two
(62);
4. Bar any charitable or educational organization from limiting
to persons of the same sex the rental of living accommodations in facilities
primarily providing single-room occupancy.
Section 5. That Section 3.12.090 of the Elgin Municipal Code, 1976, as amended,
be and is hereby amended to read as follows:
3.12.090 Complaint Procedures
A. Any person allegedly aggrieved in any manner by a violation of
any provision of this chapter shall file with the Human Relations Coordi-
nator a written complaint. The complaint shall include a short and plain
statement including:
I. The name and address of the complainant;
2. The name and address of the person or persons against whom
the complaint is brought (respondent), if known to the complainant;
3. The facts surrounding the alleged violation of this chapter;
("k and
4. The names and addresses of all persons believed to have
knowledge of facts concerning the alleged violation.
B. The complaint shall be barred from consideration unless it is
filed with the Human Relations Coordinator within 180 days after the
alleged violation. Except when acting pursuant to a cooperative agreement
for dual filing of complaints, no complaint shall be processed if a similar
complaint is filed before any state or federal agency.
C. After the complaint is filed, the Human Relations Coordinator
shall, within five (5) days, serve a copy of the complaint personally or by
certified mail on the person or persons charged and shall furnish copies to
the members of the Commission.
If the Human Relations Coordinator determines that the allega-
tions as stated in the complaint, if true, would constitute a violation of this
chapter, he shall investigate the complaint. If he finds in that investigation
that the allegations appear to be supported by the facts found by him, he
shall set a date for a conference and notify the parties of the time and
place thereof. At such conference the Human Relations Coordinator shall
interview the complainant and the person or persons against whom the
complaint has been directed, and shall attempt to resolve the complaint by
conciliation.
If the Human Relations Coordinator is unable to conciliate the
complaint within fourteen (14) days of the filing of the complaint, he shall
immediately notify the chairman of the commission.
If the Human Relations Commission determines that a complaint
is without merit, he shall dismiss the complaint. The Human Relations
Coordinator shall, within five (5) days of such determination serve a copy
of the Notice of Dismissal, and reasons therefor, personally or by certified
mail on all parties and the commission. The complainant may within four-
teen (14) days of the receipt of Notice of Dismissal petition in writing the
commission and request a hearing on the complaint. The commission, by
majority vote, may withdraw the dismissal and refer the complaint to the
Human Relations Coordinator for conciliation and/or hearing as necessary.
D. The Human Relations Coordinator shall meet to appoint one or
more members to serve with the Human Relations Coordinator to make
further investigations and to attempt to resolve the complaint by further
conciliation. The Human Relations Coordinator and the appointed members
shall report to the entire commission within fourteen (14) days the results
of the investigation, and attempts at conciliation. The commission shall,
after considering the report, determine whether this matter should proceed
to a hearing or a dismissal of the complaint. A hearing shall be ordered
upon a majority vote of the members acting upon a motion of any member.
E. Hearings shall be conducted by the chairperson or another
member designated by him. Hearings shall be held at the next scheduled
meeting after the investigation is completed. Written notice to all parties
of the time, date and location of the hearing shall be given at least forty-
eight hours prior to the hearing by certified mail. All parties shall be
provided full opportunity to present evidence, cross-examine persons giving
testimony and to be represented by counsel. All testimony shall be given
under oath and all hearings shall be transcribed.
F. Respondents as well as complainant shall have the right to
counsel at their own expense. All rules of procedure and regulations
adopted by the commission shall preserve the right of due process under
law established with respect to civil cases in the Circuit Courts of the
State of Illinois. The burden of proof with respect to allegations shall be a
preponderance of evidence.
G. The commission is empowered to determine the facts and such
findings must be made by a majority vote of the commission. After a
hearing where the commission finds by a preponderance of the evidence
that violation of this chapter has been committed, and after the respondent
has failed to comply with the order of the commission, the chairman of the
commission shall transmit a written copy of the findings and decision and
order to city manager.
H. Upon referral to the corporation counsel by the city manager,
the corporation counsel shall commence an action in the name of the City
of Elgin by petition alleging the violation, attaching a copy of the findings
of the commission and praying for the issuance of an order directing the
respondent to comply with the order of the commission and such other
relief as may be appropriate.
I. The commission may, in lieu of making a finding and decision and
referral to the city manager, accept a written commitment from the
respondent to comply with the provisions found to have been violated.
Section 6. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance be and are hereby repealed.
Section 7. That this ordinance be in full force and effect from and after its
passage and publication in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: March 10, 1986
Passed: March 10, 1986
Vote: Yeas 5 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk