The City of Chicago

COMMISSION ON HUMAN RELATIONS

740 N. Sedgwick, Suite 400, Chicago, IL 60654

312/744-4111 (Voice), 312/744-1081 (Fax), 312/744-1088 (TDD)

www.cityofchicago.org/humanrelations

Rahm Emanuel Mona Noriega

Mayor Chair & Commissioner

FAIR HOUSING

PRESENTATION

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Mission of the Commission on Human RelationsSec. 2-120-480 Chicago Muni. Code

Promotes appreciation of the City’s diversity

Works to eliminate prejudice &

discrimination in Chicago by:

Enforcing the City’s anti-discrimination

ordinances

Monitoring hate crimes & helping victims

Mediating tensions between groups

Educating the public

Advising City government

City’s Anti-Discrimination Ordinances

• Chicago Human Rights Ordinance (Ch. 2-160)– Employment

– Public Accommodations (Product, facility, or service

offered to the general public)

– Credit Transactions & Bonding

• Chicago Fair Housing Ordinance (Ch. 5-8)

– Housing

Importance of Fair Housing

Fair Housing increases housing opportunities for all

Housing plays a large role in defining a person's quality of life

Where you live affects your access to community amenities such as transportation, employment, medical facilities, schools, retail and professional services, and much more.

Protected ClassesUnder the Chicago Fair Housing Ordinance

Sec. 5-8-020 Chicago Muni. Code

• Race

• Color

• National Origin

• Ancestry

• Religion

• Age (over 40)

• Disability

• Retaliation*

• Sex (& pregnancy, sexual harassment)

• Sexual Orientation

• Gender Identity

• Marital Status

• Parental Status

• Military Status*

• Lawful Source of Income

Prohibited Discrimination in Fair Housing

– Failure to sell or rent a dwelling unit

– Discriminatory notices or advertising

– Different terms & conditions of sale or rental

– Steering, block-busting, panic-peddling

– Termination of tenancy or ownership rights

– Harassment and sexual harassment

– Failure to accommodate (a disability or religious practice)

…because of a person’s membership in a protected classSec. 5-8-030, Chgo. Muni. Code, Regulations Part 400

Common bases of housing complaints

“Source of Income,” specifically Housing Choice

Vouchers

Disability

Race

National Origin

Refuse to rent to an otherwise qualified person because that person would use a Housing Choice Voucher to support the rent

Make any written communication expressing a limitation in the sale or rental of a housing unit based on source of income, such as “No Section 8” or “Not set up for Section 8.”

Refuse to cooperate with “de minimis” administrative requirements of the Housing Choice Voucher program, such as completing routine paperwork and allowing inspection of the property

Engage in differential treatment in the price, terms, conditions, or privileges of tenancy based on the use of a Housing Choice Voucher or any other legal source of income

It is a violation of the Fair Housing Ordinance to –

To apply reasonable tenant selection criteria and tenancy rules, as long as the property owner treats all prospective tenants equally, and the criteria does not disparately impact voucher holders without proof of business necessity

To accept another qualified applicant who is ready to rent instead of holding a rental unit for a voucher holder who is not ready to rent; however, you must be able to show that you process the Voucher holder in a timely manner.

It is not a violation –

Fair Housing for Persons with DisabilitiesReg. 420.180

If necessary to fully use and enjoy a dwelling, a person with a disability under the Ordinance may:

Make reasonable modifications to the dwelling or common areas, at his or her expense

Request reasonable accommodations to rules, policies, practices, amenities or services (i.e. allow support animals regardless of “no pet” rules)

UNLESS undue hardship to landlord or owner

National origin means the place in which a person or one of his or her ancestors was born. Being of a particular national origin means that a person has or is perceived to have the physical, cultural, or linguistic characteristics of a particular national origin group.

Most cases of this type before the Commission involve property owners of one national origin group who prefer to rent to individuals of the same group.

National Origin

Reg. Part 100 (22)

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Chicago Fair Housing Ordinance

• Applies to all dwelling units, regardless of size

– No “Mrs. Murphy” exception

• Applies to condominium units

– Condominium associations can be held liable if there are policies in place restricting rental of units to any protected class

Real Estate Professionals

Real estate agencies, brokers, and leasing agents, and salespersons can be held liable for housing discrimination.• If a client/owner asks you not to allow certain classes of

individuals to apply for the available housing, or to include a discriminatory statement on a listing, you must refuse.

• Real estate professionals are subject to the same penalties as other respondents.

• The Commission is mandated by law to notify the Illinois Dept. of Financial & Professional Regulation of a finding of a violation of the Fair Housing Ordinance by a licensed real estate broker or salesperson.

How are the City Ordinances Enforced?Sec. 2-120-510(e) et seq., Chicago Muni. Code

• The Commission on Human Relations investigates

and adjudicates formal written complaints

• A complaint may be filed by

– Any member of the public

– The Commission itself

• Commission is the neutral decision-maker

– Does not represent either side

Penalties for Violations

• Fine up to $1,000 per violation

• Remedies for the complainant– Damages (out-of-pocket losses, emotional distress, punitive damages)

– Injunctive relief (orders to correct discriminatory practices)

– Attorney fees

• Penalties under other ordinances –– May affect business and real estate broker licenses (Sec. 4-4-280,

Muni. Code)

– May affect eligibility for City contracts (Ch. 2-92, Muni Code)

The City of Chicago

COMMISSION ON HUMAN RELATIONS

740 N. Sedgwick, Suite 400, Chicago, IL 60654

312/744-4111 (Voice), 312/744-1081 (Fax), 312/744-1088 (TDD)

www.cityofchicago.org/humanrelations

Like us on Facebook: https://www.facebook.com/ChicagoCHR

Rahm Emmanuel Mona Noriega

Mayor Chair & Commissioner

For additional information, contact: