South Holland — Ch. 8.5 Housing § 8.5-44

As used in this article, the following terms have the following meanings:
Accessible means that the public or common use areas of a building can be approached, entered, and used by individuals with physical disabilities.
Accessible route means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by an individual with a disability using a wheelchair and that is also safe for and usable by people with other disabilities. A route that complies with the appropriate requirements of the American National Standards Institute ANSI A117.1-1986 or a comparable standard is an accessible route.
Administrator means the person designated by the corporate authorities of the municipality to administer the provisions of this article (see Division 4 of this article.)
Adjudicative agency means the agency designated by the "corporate authorities" of the municipality to conduct hearings and adjudicate charges of violations of this ordinance. For the purposes of this article, that body shall be the housing practices review board.
Affirmative marketing means attempting to attract all prospective buyers and renters with special efforts to attract persons of a race or national origin least likely to apply through the normal operations of the marketplace.
Agent. See "Real estate broker."
Aggrieved party/person includes any person who claims to have been injured by a discriminatory housing practice or believes that he or she will be injured by a discriminatory housing practice that is about to occur.
Board means the housing practices review board.
Broker includes any person authorized by the State of Illinois to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings, including offers, solicitations or contracts and the administration of matters regarding such offers, solicitations or contracts or any residential real estate-related transactions.
Building means a structure, facility, or portion thereof that contains or serves as a dwelling unit.
Building entrance on an accessible route means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, or to public streets or sidewalks, if available.
Charge means an allegation contained in a complaint.
Civil rights violation includes and shall be limited to only those specific acts set forth in Divisions 2, 3, or 4 of this article.
Common use areas means rooms, spaces or elements inside or outside of a building that are made available for the use of residents of a building or the guests thereof.
Complaint means the document filed by a complainant with the administrator.
Complainant means a party/person who files a complaint.
Conciliation means the resolution of issues raised by a complaint, or the investigation of such charge, through informal negotiations involving the aggrieved party, the respondent and the administrator.
Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation.
Controlled substance means any drug or other substance, or immediate precursor included in the definition in Section 102 of the Controlled Substances Act (21 U.S.C. 802).
Discriminate means to treat any person differently from others because of race, color, religion, sex, physical or mental disability, familial status, marital status, national origin, or age.
Disability ["handicap" in the Fair Housing Act as amended] means, with respect to an individual with a physical or mental impairment which substantially limits one (1) or more major life activities, a record of having such an impairment, or being regarded as having such an impairment. The term "disability," wherever used in this article, includes the physical or mental impairments of: (1)
An actual or prospective buyer, renter or borrower; or
(2) An individual residing in or intending to reside in the dwelling with the buyer, renter or borrower after the dwelling is sold, rented or made available; or
(3) Any individual associated with the buyer, renter or borrower.
Dwelling means any building structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
Elderly person means a person fifty-five (55) years of age or older.
Entrance means any access point to a building or portion of a building used by residents for the purpose of entering.
Exterior means all areas of the premises outside of an individual dwelling unit.
Familial status means: (1)
One (1) or more individuals who have not attained the age of eighteen (18) years being domiciled with:
a. A parent or a person having legal custody of such individual or individuals;
b. The designee of such parent or other person having such custody, with the written permission of such parent or other person; or
(2) Persons who are pregnant or in the process of securing legal custody of any individual who has not attained the age of eighteen (18).
Financial institution means any bank, credit union, insurance company, mortgage banking company, savings and loan association, or other entity or organization which makes or purchases loans or provides other financial assistance and which operates or has a place of business in the State of Illinois.
Hearing means that part of an adjudicative proceeding that involves the submission of evidence, either by oral presentation or written submission, and includes the submission of briefs and oral arguments on the evidence and applicable law.
Hearing agency means the agency designated by the corporate authorities of the municipality to conduct hearings on, and adjudicate the question of, ordinance violations. For the purposes of this article, that body shall be the housing practices review board.
Housing accommodation includes any improved or unimproved real property or part thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home or residence of one (1) or more individuals.
Housing for older persons means: (1)
All housing that is provided under state and federal programs for elderly persons as defined by the specific programs, providing U.S. HUD approval has been secured; or
(2) Housing that is intended for, and solely occupied by persons sixty-two (62) years of age or older; or
(3) Communities in which at least eighty (80) percent of all units are occupied by one (1) person fifty-five (55) years of age or older, if the existence of significant facilities and services specifically designed to meet the physical and social needs of older persons can be documented.
Interior means the spaces, parts, components or elements of an individual dwelling unit.
Lease includes any sublease, assignment, or rental and any contract to enter into any of the foregoing.
Loan includes, but is not limited to, the providing of funds, for consideration, which are: (1)
Sought for the purpose of purchasing, constructing, improving, repairing, or maintaining a housing accommodation;
(2) Sought for any commercial or industrial purposes; or
(3) Secured by residential real estate.
Marital status means the legal status of being married, single, separated, divorced or widowed.
Modification means any change to the public or common use areas of a building or any change to a dwelling unit.
National origin means the place in which a person or one (1) of his or her ancestors was born.
Offer means and includes every attempt by means of written or oral communications to present for acceptance or rejection, to hold out or proffer, to make a proposal to or to exhibit real estate that may be taken or received with the intention of ultimately entering a real estate transaction.
Owner means any person who holds legal or equitable title to, or owns any beneficial interest in, any real estate, or who holds legal or equitable title to shares of, or any beneficial interest in, an equity which owns any real estate.
Person includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, or trustees in cases under Title 11 of the United States Code.
Person in the business of selling or renting dwellings means any person who: (1)
Within the preceding twelve (12) months has participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or
(2) Within the preceding twelve (12) months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or interest therein; or
(3) Is the owner of any dwelling designed or intended for occupancy.
Physical or mental disability ["handicap" or "impairment"] includes any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one (1) or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Premises means the interior or exterior spaces, parts, components or elements of a building, including individual dwelling units.
Public use areas means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.
Real estate broker, agent or salesperson means a person, whether licensed or not, who, for or with expectation of receiving a consideration, lists, sells, purchases, exchanges, rents or leases real property, or who negotiates or attempts to negotiate any of those activities or who holds himself out as engaged in these.
Real estate transaction means the purchase, sale or fee or equitable title to, or beneficial interest in, or rental or lease of, any real property; or an option to do any of the foregoing, or any negotiation, listing, contract, or agreement in connection therewith. "Real estate transaction" also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a dwelling or secured by residential real estate.
Real property includes buildings, structures, real estate, lands, tenements, lease holds, and hereditaments, corporeal and incorporeal, or any interest therein.
Religion includes all aspects of religious observance and practice, as well as belief; and all aspects of religious non-observance, non-practice and non-belief.
Rent means to lease, sublease, let, and otherwise grant for consideration the right to occupy premises not owned by the occupant.
Respondent means: (1)
The person or other entity against whom a discriminatory housing practice has been alleged in a complaint;
(2) Any other person or entity identified in the course of investigation and notified as required under Division 7 of this article.
Sale includes any contract to sell, exchange or to convey, transfer or assign legal or equitable title to or a beneficial interest in real property.
Salesperson. See "Real Estate Broker"
Sex means the status of being male or female.
Solicit or solicitation means any communication by or on behalf of a real estate agent with the owner or occupant of a dwelling: (1)
Which is intended to induce the sale or rental of such dwelling;
(2) Which is intended to offer or promote services in connection with the sale, rental or listing of such dwelling; and
(3) Which is carried out by means of:
a. In-person contacts at the dwelling;
b. Written material mailed or delivered directly to the dwelling, such as direct mail, leaflets or pamphlets; or
c. Telephone contacts with owners or occupants of the dwelling.
For purposes of this article, the term "solicit" or "solicitation" shall not refer to communication carried out by means of print or electronic media of general circulation, such as a newspaper, radio, television, or the yellow pages.
Varying terms and conditions includes, but is not limited to, the following practices: (1)
Requiring a greater down payment than is usual for the particular type of a loan involved.
(2) Requiring a shorter period of amortization than is usual for the particular type of loan involved.
(3) Charging a higher interest rate than is usual for the particular type of loan involved.
(4) Under-appraising of real estate or other items of property offered as security.