80-46 AMENDING CITY CODE CHAPTER 59.1 REAL ESTATE BROKERS

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, , '. writing for the Supreme Court in Andruss, stated that while the State had the exclusive power to license, the General Assembly had left to municipalities the power to enact antidiscri�ination ordinances, and Chapter 24-1/2 is just such an ordinance . Also , the section of the Illinois Real Estate Brokers and Salesmen Act which declares State preemption with respect to powers and functions under the Act tsee F11 . Rev. Stat. ch. 111 §5742) specifically excludes preemption with respect to a municipality ' s authority to enact a fair housing ordinance . At the January 4, 1980 hearing on the cross-motions for summary judgment filed by Arquilla and Park Forest, Judge Arthur Dunne found in Arquilla ' s favor and entered an order holding that Chapter 24-1/2 of the Code of Ordinances of the Village of Park Forest was void as it applies to real estate brokers and salesmen, as declared by the� Illinois Supreme Court in the Andruss case . Park Forest has elected to appeal Judge Dunne ' s ruling . As it could well be determinative in any action brought by a real estate broker to challenge any Illinois municipality' s attempt to enforce its fair housing ordinance, and given the predominant role played by brokers and salesmen in real estate transactions, a municipality ' s ability to protect its citi2ens from discriminatory real estate practices such as racial steering will be significantly diminished if this decision is allowed to stand . We strongly urge the Illinois Municipal League to join in our efforts to overturn Judge Dunne ' s ruling . For your consideration, we attach copies of Park Forest' s Real Estate and Housing Ordinance, Judge Dunne ' s January 4th order, the relevant pleadings , and Park Forest' s memorandum filed in opposition to Arquilla ' s motion for summary judgment. -2-