Downers Grove — Art. 13A.II Fair Housing § 13A.11
Persons Filing Complaints Liable To Defendant For Costs In Unsuccessful Prosecutions
Operative Text
In the event that any defendant against whom a complaint is filed alleging a violation of any provision of this Article shall be found not guilty, or if such complaint shall be dismissed for want of prosecution, or if a conviction under this Article shall be reversed on appeal, then the person or persons signing such complaint shall be liable to such defendant in an amount equal to all reasonable costs and expenses, including attorneys' fees, incurred by such defendant by reason of the filing of such complaint, but not in excess of two hundred fifty dollars ($250.00); provided, that no liability under this section shall be imposed upon any officer or employee of the Village or any member of the Human Service Commission acting in the course of his/her official duty on behalf of the Village. (Ord. No. 1349, § 7.5; Ord. No. 2544, § 7.) (Ord. 4852, Amended, 02/20/2007, his to his/her(s); Ord. 4533, Amended, 09/16/2003)
Under Downers Grove Fair Housing Article 13A.II, § 13A.11, when a fair housing complaint is filed and the defendant is found not guilty, the complaint is dismissed for want of prosecution, or a conviction is overturned on appeal, the person or persons who signed the complaint may be held financially responsible for the defendant's reasonable costs and expenses, including attorneys' fees, up to a cap of $250. This liability does not apply to Village officers, employees, or members of the Human Service Commission acting in their official capacity. The provision is designed to discourage frivolous or unsupported complaints while still allowing good-faith enforcement efforts.
Plain English — not legal advice.
Under § 13A.11 of the Downers Grove Fair Housing ordinance, a defendant who prevails—whether through a not-guilty finding, a dismissal for want of prosecution, or a successful appeal—may seek recovery of reasonable costs and attorneys' fees from the complaint's signatories, up to $250. Property owners and managers who face an unsuccessful complaint should document all costs and expenses incurred during the proceeding, as these records form the basis of any potential recovery. Compliant operators generally familiarize themselves with this provision so they understand the remedies available when a complaint does not result in a finding against them.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13A.11 of the Downers Grove Fair Housing Article 13A.II establishes a financial risk for individuals who sign a fair housing complaint that ultimately fails—whether by acquittal, dismissal, or reversal on appeal—in the form of liability for the defendant's costs and attorneys' fees up to $250. This provision does not apply to Village officials or Human Service Commission members acting in their official roles. Tenants considering filing a fair housing complaint may wish to consult a tenant-rights organization or legal aid resource to understand the strength of a potential complaint before signing it.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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