80-46 AMENDING CITY CODE CHAPTER 59.1 REAL ESTATE BROKERS

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. _ TO: Illinois Municipal League DATE: January 9, 1980 FROM: Kathleen Field Orr, RE: Arquilla-DeHaan Park Forest Viliage Attorney Realtors v. Village and Donald J. Liebentritt, o Park Forest, Attorney . 79 L 25203 In an action filed November 9 , 1979 , Arquilla-DeHaan Realtors sought to have declared invalid Chapter 24-1/2 of the Park Forest Code of Ordinances . Chapter 24-1/2 is the Real Estate and Housing Practices ordinance of the Village which prohibits racial and other types of discrimination in real estate transactions . Arquilla is a real estate broker licensed by the State , and was a respondent in two complaints before the Park Forest Fair Housing Review Board. Those conlplaints alleged facts constituting a violation of Chapter 24-1/2 in that Arquilla discriminated in regard to real estate on the basis of race and color . Also a respondent in the Fair Housing Review Board com- pZaints was Al Odegard, an employee of Arquilla and a licensed broker . Odegard was granted leave to intervene as an additional plaintiff, and filed a pleading substantially similar to Arquilla ' s Complaint. The Plaintiffs challenged the validity of Chapter 24-1/2 on the grounds that it had been invalidated in toto by the Illinois Supreme Court' s decision in Andruss. v. City of Evanston, 68 I11. 2d 216, 369 N.E. 2d 1258, 12 Ill. Dec. 244 (1977) . Although the Andruss decision is popularly believed to be a case which simply held that " a municipality does not have the power to license real estate brokers, Arquilla argued that the Andruss court found that a muni- cipality had no power to regulate real estate brokers and salesmen in any manner whatsoever . Because Park Forest 's fair housing ordinance did "regulate" brokers and salesmen if enforced against them, Arquilla reasoned that even its non-licensing provisions were therefore invalid. Arquilla specifically relied upon a statement in the Andruss decision that " (t) he ordinances in question are void" , and the fact that Chapter 24-1/2 had been attached to the Andruss Complaint in its entirety . Also , the Supreme Court express�y affirmed the decision of trial court, which had held that "all local ordinances of Illinois Municipalities which purport to license and regulate real estate brokers are illegal, unenforceable and void . " Park Forest urged the validity and enforceability of the _, non-licensing provisions on two grounds . First, Justice Dooley, in