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CHAPTER 5-8 - CHICAGO FAIR HOUSING REGULATIONS
5-8-010
City policy generally.
5-8-020
Discrimination prohibited.
5-8-030
Unfair housing practices.
5-8-040
Definitions.
5-8-050
Exemptions.
5-8-060
Applicability.
5-8-070
Complaint procedure.
5-8-120
Severability.
5-8-130
Violation – Penalty.
5-8-140
Notice of conviction.
5-8-010 City policy generally.
It is hereby
declared the policy of the City of Chicago to assure full
and equal opportunity to all residents of the city to obtain
fair and adequate housing for themselves and their families
in the City of Chicago without discrimination against them
because of their race, color, sex, gender identity, age,
religion, disability, national origin, ancestry, sexual
orientation, marital status, parental status, military
discharge status or source of income.
(Prior code §
198.7B-1; Amend Coun. J. 12-21-88, p. 23526; Amend Coun. J.
11-6-02, p. 96031, § 4)
5-8-020 Discrimination prohibited.
It is further
declared to be the policy of the City of Chicago that no
owner, lessee, sublessee, assignee, managing agent, or other
person, firm or corporation having the right to sell, rent
or lease any housing accommodation, within the City of
Chicago, or any agent of any of these, should refuse to
sell, rent, lease, or otherwise deny to or withhold from any
person or group of persons such housing accommodations
because of his race, color, sex, gender identity, age,
religion, disability, national origin, ancestry, sexual
orientation, marital status, parental status, military
discharge status or source of income of such person or
persons or discriminate against any person because of his
race, color, sex, gender identity, age, religion,
disability, national origin, ancestry, sexual orientation,
marital status, parental status, military discharge status
or source of income in the terms, conditions, or privileges
or the sale, rental or lease of any housing accommodation or
in the furnishing of facilities or services in connection
therewith.
(Prior code §
198.7B-2; Amend Coun. J. 12-21-88, p. 23526; Amend Coun. J.
11-6-02, p. 96031, § 4)
5-8-030 Unfair housing practices.
It shall be an
unfair housing practice and unlawful for any owner, lessee,
sublessee, assignee, managing agent, condominium association
board of managers, governing body of a cooperative, or other
person, firm or corporation having the right to sell, rent,
lease, sublease, or establish rules or policies for any
housing accommodation, within the City of Chicago, or any
agent of any of these, or any real estate broker licensed as
such:
A. To make
any distinction, discrimination or restriction against any
person in the price, terms, conditions or privileges of any
kind relating to the sale, rental, lease or occupancy of any
real estate used for residential purposes in the City of
Chicago or in the furnishing of any facilities or services
in connection therewith, predicated upon the race, color,
sex, gender identity, age, religion, disability, national
origin, ancestry, sexual orientation, marital status,
parental status, military discharge status or source of
income of the prospective or actual buyer or tenant thereof.
B. 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
residential real property within the City of Chicago which
will indicate or express any limitation or discrimination in
the sale, rental or leasing of such residential real estate,
predicated upon the race, color, sex, gender identity, age,
religion, disability, national origin, ancestry, sexual
orientation, marital status, parental status, military
discharge status or source of income of any prospective
buyer, lessee or renter of such property.
C. To refuse
to sell, lease or rent, any real estate for residential
purposes within the City of Chicago because of the race,
color, sex, gender identity, age, religion, disability,
national origin, ancestry, sexual orientation, marital
status, parental status, military discharge status or source
of income of the proposed buyer or renter.
D. To
discriminate or to participate in 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 residential
housing unit or housing accommodation in the City of Chicago
because of race, color, sex, gender identity, age, religion,
disability, national origin, ancestry, sexual orientation,
marital status, parental status, military discharge status
or source of income.
E. To solicit
for sale, lease or listing for sale or lease, residential
real estate within the City of Chicago 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, sex, gender identity, age, religion,
disability, national origin, ancestry, sexual orientation,
marital status, parental status, military discharge status
or source of income.
F. To
distribute or cause to be distributed, written material or
statements designed to induce any owner of residential real
estate in the City of Chicago to sell or lease his property
because of any present or prospective change in the race,
color, sex, gender identity, age, religion, disability,
national origin, ancestry, sexual orientation, marital
status, parental status, military discharge status or source
of income of persons in the neighborhood.
G. To
deliberately and knowingly refuse examination of any listing
of residential real estate within the City of Chicago to any
person because of race, color, sex, gender identity, age,
religion, disability, national origin, ancestry, sexual
orientation, marital status, parental status, military
discharge status or source of income.
H. To
interfere with the religious observances or practices of any
lessee or condominium or cooperative unit owner, by
restricting or prohibiting such persons from placing or
affixing a religious sign, symbol or relic on the door, door
post or entrance of an individual apartment, condominium or
cooperative housing unit owned or leased by such person;
provided that imposing reasonable rules necessary to avoid
substantial damage to property or an undue hardship to other
unit owners or lessees shall not be deemed a violation of
this subsection.
(Prior code §
198.7B-3; Amend Coun. J. 12-21-88, p. 23526; Amend Coun. J.
11-6-02, p. 96031, § 4; Amend Coun. J. 3-31-04, p. 20916, §
2.8; Amend Coun. J. 12-14-05, p. 67149, § 1)
5-8-040 Definitions.
Wherever used in
this chapter, the
terms “age”, “religion”, “disability”, “sexual
orientation”, “marital status”, “parental status”, “military
discharge status”, “gender identity” and “source of income”
shall have the same meanings as described in Chapter 2-160
of this Code.
(Prior code §
198.7B-4; Amend Coun. J. 12-21-88, p. 23526; Amend Coun. J.
11-6-02, p. 96031, § 4)
5-8-050 Exemptions.
No provision of
this chapter shall be construed to prohibit any of the
following:
(a)
Restricting rental or sale of a housing accommodation to a
person 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 of community association limits such housing
accommodations to persons above the age of 50; provided,
that a person or the immediate family of a person 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 person
or the person’s immediate family continue to own or reside
in the housing accommodation.
(b) 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, from
limiting the sale, rental or occupancy of a dwelling which
it owns or operates for other than a commercial purpose to
persons of the same religion, or from giving preference to
such persons of the same religion, or from giving preference
to such persons, unless membership in such religion is
restricted on account of race, color or national origin.
(c)
Restricting the rental of rooms in a housing accommodation
to persons of one sex.
(Prior code §
198.7B-4.1; Amend Coun. J. 12-21-88, p. 23526)
5-8-060 Applicability.
Any owner,
lessee, sublessee, assignee, managing agent, or condominium
association board of managers, governing body of a
cooperative, or other person, firm or corporation having the
right to sell, rent, lease, or establish rules or policies
for any housing accommodation within the City of Chicago who
shall exercise any function of selling, renting, leasing,
subleasing, or establishing rules or policies for any
housing accommodation within the City of Chicago shall be
deemed subject to all applicable provisions hereof. Any real
estate broker who shall exercise any function of a real
estate broker within the City of Chicago shall be subject to
all applicable provisions hereof.
(Prior code §
198.7B-5; Amend Coun. J. 12-14-05, p. 67149, § 1)
5-8-070 Complaint procedure.
Any person
aggrieved in any manner by any violation of this chapter may
file a written complaint with the commission on human
relations. The complaint shall include the name and address
of the complainant and of every person against whom the
complaint is made, and shall set out the facts giving rise
to the complaint. No person shall refuse or fail to comply
with any subpoena, order or decision issued in the course of
or as a result of an investigation of a complaint.
(Prior code §
198.7B-6; Added Coun. J. 3-21-90, p. 13523)
5-8-120 Severability.
If any section,
subdivision, paragraph, sentence or clause of this ordinance
is for any reason to be invalid or unconstitutional, such
decision shall not affect any remaining portion, section or
part thereof.
(Prior code §
198.7B-11)
5-8-130 Violation – Penalty.
Any owner,
lessee, sublessee, assignee, managing agent, condominium
association board of managers, governing body of
cooperative, or other person, firm, corporation, or real
estate broker, who shall violate or fail to comply with any
of the provisions of this ordinance, as determined by this
commission, shall be punished by a fine in any sum not
exceeding $500.00. Nothing herein contained shall be
construed so as to preclude any aggrieved person from
pursuing such other and further legal and equitable relief
to which he may be entitled.
(Prior code §
198.7B-12; Amend Coun. J. 7-8-98, p. 72891; Amend Coun. J.
12-14-05, p. 67149, § 1)
5-8-140 Notice of conviction.
The corporation
counsel shall file with the Department of Professional
Regulation of the State of Illinois a notice of the
conviction of any licensed real estate broker or salesperson
found guilty of violating this chapter.
(Prior code §
198.7B-13; Amend Coun. J. 3-21-90, 13523)
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