Ordinance 2020-29 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2020-29
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,
AMENDING TITLE 4 OF THE YORKVILLE CITY CODE BY ADDING CHAPTER 7
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 121h day of May,2020
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on May 22,2020.
Ordinance No. 2020-29
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
AMENDING TITLE 4 OF THE YORKVILLE CITY CODE BY ADDING CHAPTER 7
WHEREAS,the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS,Title 4 of the Yorkville City Code,establishes regulations to assure the health
and safety of City residents; and,
WHEREAS,the Mayor and the City Council(the"Corporate Authorities")have reviewed
the City Code and have determined that it is in the best interest of the City and its residents to
amend Title 4 by providing regulations to assure all residents have full and equal opportunity to
obtain adequate housing without discrimination.
NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville,Kendall County, Illinois,as follows:
Section 1. That the Yorkville City Code, be and is hereby amended by adding Chapter 7
to Title 4 as follows:
"4-7-1: CITY POLICY:
It is hereby declared the policy of the City 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 without discrimination against them because of their race,color,
sex,gender identity,age,religion,origin,ancestry,sexual orientation,marital status,
parental status, military status or source of income.
4-7-2: DISCRIMINATION PROHIBITED:
It is further declared to be the policy of the City 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, or 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 or her race,
color, sex, gender identity, age, religion, disability, national origin,ancestry, sexual
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orientation, marital status,parental status,military 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.
4-7-3: RETALIATION PROHIBITED:
No person shall retaliate against any individual because such individual has:
(1) opposed what he or she reasonably and in good faith believes to be an incident
of unlawful discrimination or sexual harassment; or,
(2) made a charge, filed a complaint, testified, assisted, or participated in an
investigation,proceeding or hearing under this Chapter.
4-7-4 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, 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, 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 or in the
furnishing of, or access to, any facilities (including common areas or common
elements such as but not limited to elevators, hallways, entrances, and garages, and
in instances in which access to these is to be gained with the use of an ambulatory
assistive device, wheelchair, stroller or comparable device),privileges,furnishings,
or services rendered in connection with the use or occupancy therewith, predicated
upon the race, color, sex, gender identity, age, religion, disability, national origin,
ancestry, sexual orientation, marital status,parental status, military status or source
of income of the prospective or actual buyer or tenant thereof. Provided, however,
that the access provision in this subsection does not mandate modifications,
accommodations, other actions not also required by the Federal Fair Housing Act
and its regulations.
B. To refuse to sell, lease or rent, any real estate for residential purposes within
the City because of the race, color, sex, gender identity, age, religion, disability,
national origin, ancestry, sexual orientation, marital status, parental status, military
status or source of income of the proposed buyer or renter.
C. 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,
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rehabilitation, repair or maintenance of any residential housing unit in the City
because of race, color, sex, gender identity, age,religion,disability,national origin,
ancestry, sexual orientation, marital status,parental status, military status or source
of income.
D. To solicit for sale, lease or listing for sale or lease, residential 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, sex,
gender identity,age,religion,disability,national origin,ancestry,sexual orientation,
marital status,parental status, military status or source of income.
E. To deliberately and knowingly refuse examination of any listing of
residential real estate within the City to any person because of race, color, sex,
gender identity,age,religion,disability,national origin,ancestry,sexual orientation,
marital status,parental status,military status or source of income.
4-6-5: 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 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 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.
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4-6-6: COMPLAINT PROCEDURE
Any person aggrieved in any manner by any violation of this chapter may file a
written complaint with the Administration Committee which has been appointed by
the Mayor. The complaint shall include the name and address of the complainant
and of every persons 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.
4-6-7: VIOLATION-PENALTY
Any owner, lessee, sublessee, assignee, managing agent, condominium association
board of managers, or other person, firm, corporation, or real estate broker, who
shall violate or fail to comply with any of the provisions of this chapter, as
determined by the City Council,shall be punished by a fine in any sum not exceeding
$750.00. 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."
Section 2. Severability.
If any section, paragraph, sentence or clause of this Ordinance is for any reason to
be invalid or unconstitutional,such decision shall not affect any other section of this Chapter
6, or part thereof.
Section 3. This Ordinance shall be in full force and effect immediately from and after its
passage and approval according to law.
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Passed by the City Council of the United City of Yorkville, Kendall County,Illinois this
12"'day of May, 2020.
City Clerk
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
Approved by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
c2/SY' day of lq,4 K , 2020.
Mayor
Attest:
f
City Clerk
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