[Ord. No. 22-2359, 7-5-2022]
As used in this Chapter, the following terms shall mean:
AGE
An age of forty (40) or more years but less than seventy
(70) years, except that it shall not be an unlawful employment practice
for an employer to require the compulsory retirement of any person
who has attained the age of sixty-five (65) and who, for the two (2)
year period immediately before retirement, is employed in a bona fide
executive or high policy-making position, if such person is entitled
to an immediate non-forfeitable annual retirement benefit from a pension,
profit sharing, savings or deferred compensation plan, or any combination
of such plans, of the employer, which equals, in the aggregate, at
least forty-four thousand dollars ($44,000.00).
BECAUSE or BECAUSE OF
As it relates to the adverse decision or action, the protected
criterion was the motivating factor.
COMMISSION
The Missouri Commission on Human Rights.
DISABILITY
A physical or mental impairment which substantially limits
one (1) or more of a person's major life activities, being regarded
as having such an impairment, or a record of having such an impairment,
which with or without reasonable accommodation does not interfere
with performing the job, utilizing the place of public accommodation,
or occupying the dwelling in question. For purposes of this Chapter,
the term "disability" does not include current, illegal use of or
addiction to a controlled substance as such term is defined by Section
195.010, RSMo.; however, a person may be considered to have a disability
if that person:
1.
Has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of, and is not
currently addicted to, a controlled substance or has otherwise been
rehabilitated successfully and is no longer engaging in such use and
is not currently addicted;
2.
Is participating in a supervised rehabilitation program and
is no longer engaging in illegal use of controlled substances; or
3.
Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance.
DISCRIMINATION
Conduct proscribed herein, taken because of race, color,
religion, national origin, ancestry, sex, or age as it relates to
employment, disability, or familial status as it relates to housing.
DWELLING
Any building, structure or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one (1)
or more families, 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.
FAMILIAL STATUS
One (1) or more individuals who have not attained the age
of eighteen (18) years being domiciled with:
1.
A parent or another person having legal custody of such individual;
or
2.
The designee of such parent or other person having such custody,
with the written permission of such parent or other person. The protections
afforded against discrimination because of familial status shall apply
to any person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of eighteen
(18) years.
PERSON
Includes one (1) or more individuals, corporations, partnerships,
associations, organizations, labor organizations, legal representatives,
mutual companies, joint stock companies, trusts, trustees, trustees
in bankruptcy, receivers, fiduciaries, or other organized groups of
persons.
PLACE OF PUBLIC ACCOMMODATION
Any place or business offering or holding out to the general
public, goods, services, privileges, facilities, advantages or accommodations
for the peace, comfort, health, welfare and safety of the general
public or such public places providing food, shelter, recreation and
amusement, including, but not limited to:
1.
Any inn, hotel, motel, or other establishment which provides
lodging to transient guests, other than an establishment located within
a building which contains not more than five (5) rooms for rent or
hire and which is actually occupied by the proprietor of such establishment
as his residence;
2.
Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain,
or other facility principally engaged in selling food for consumption
on the premises, including, but not limited to, any such facility
located on the premises of any retail establishment;
3.
Any gasoline station, including all facilities located on the
premises of such gasoline station and made available to the patrons
thereof;
4.
Any motion picture house, theater, concert hall, sports arena,
stadium, or other place of exhibition or entertainment;
5.
Any public facility owned, operated, or managed by or on behalf
of this State or any agency or subdivision thereof, or any public
corporation; and any such facility supported in whole or in part by
public funds;
6.
Any establishment which is physically located within the premises
of any establishment otherwise covered by this Section or within the
premises of which is physically located any such covered establishment,
and which holds itself out as serving patrons of such covered establishment.
RENT
Includes to lease, to sublease, to let and otherwise to grant
for consideration the right to occupy premises not owned by the occupant.
[Ord. No. 22-2359, 7-5-2022]
A. It shall be an unlawful housing practice:
1.
To refuse to sell or rent after the making of a bona fide offer,
to refuse to negotiate for the sale or rental of, to deny or otherwise
make unavailable a dwelling to any person because of race, color,
religion, national origin, ancestry, sex, disability or familial status.
2.
To discriminate against any person in the terms, conditions
or privileges of sale or rental of a dwelling, or in the provision
of services or facilities in connection therewith, because of race,
color, religion, national origin, ancestry, sex, disability or familial
status.
3.
To make, print or publish or cause to be made, printed or published
any notice, statement or advertisement with respect to the sale or
rental of a dwelling that indicates any preference, limitation or
discrimination based on race, color, religion, national origin, ancestry,
sex, disability or familial status, or an intention to make any such
preference, limitation or discrimination.
4.
To represent to any person because of race, color, religion,
national origin, ancestry, sex, disability or familial status that
any dwelling is not available for inspection, sale or rental when
such dwelling is in fact so available.
5.
To induce or attempt to induce any person to sell or rent any
dwelling by representations regarding the entry or prospective entry
into the neighborhood of a person or persons of a particular race,
color, religion, national origin, ancestry, sex, disability or familial
status.
6.
To discriminate in the sale or rental, or to otherwise make
unavailable or deny, a dwelling to any buyer or renter because of
a disability of:
b.
A person residing in or intending to reside in that dwelling
after it is so sold, rented or made available; or
c.
Any person associated with that buyer or renter.
7.
To discriminate against any person in the terms, conditions
or privileges of sale or rental of a dwelling, or in the provision
of services or facilities in connection with such dwelling, because
of a disability of:
b.
A person residing in or intending to reside in that dwelling
after it is so sold, rented or made available; or
c.
Any person associated with that person.
B.
1.
A refusal to permit, at the expense of the person with the disability,
reasonable modifications of existing premises occupied or to be occupied
by such person if such modifications may be necessary to afford such
person full enjoyment of the premises, except that, in the case of
a rental, the landlord may, where it is reasonable to do so, condition
permission for a modification on the renter's agreeing to restore
the interior of the premises to the condition that existed before
the modification, reasonable wear and tear excepted.
2.
A refusal to make reasonable accommodations in rules, policies,
practices or services when such accommodations may be necessary to
afford such person equal opportunity to use and enjoy a dwelling.
3.
In connection with the design and construction of covered multi-family
dwellings for first (1st) occupancy after March 13, 1991, a failure
to design and construct those dwellings in such a manner that:
a.
The public use and common use portions of such dwellings are
readily accessible to and usable by persons with a disability.
b.
All the doors designed to allow passage into and within all
premises within such dwellings are sufficiently wide to allow passage
by persons with a disability in wheelchairs.
c.
All premises within such dwellings contain the following features
of adaptive design:
(1) An accessible route into and through the dwelling;
(2) Light switches, electrical outlets, thermostats
and other environmental controls in accessible locations;
(3) Reinforcements in bathroom walls to allow later
installation of grab bars; and
(4) Usable kitchens and bathrooms such that an individual
in a wheelchair can maneuver about the space.
C. As used in Subdivision (3) of Subsection
(B) of this Section, the term "covered multi-family dwelling" means:
1.
Buildings consisting of four (4) or more units if such buildings
have one (1) or more elevators; and
2.
Ground floor units in other buildings consisting of four (4)
or more units.
D. Compliance with the appropriate requirements of the American National Standard for Buildings and Facilities providing accessibility and usability for people with physically disabilities, commonly cited as "ANSI A117.1," suffices to satisfy the requirements of Subsection
(B)(3)(a) of this Section.
[Ord. No. 22-2359, 7-5-2022]
It shall be unlawful for any bank, building and loan association,
insurance company or other corporation, association, firm or enterprise
whose business consists in whole or in part in the making of commercial
real estate loans to deny a loan or other financial assistance because
of race, color, religion, national origin, ancestry, sex, disability
or familial status to a person applying therefor for the purpose of
purchasing, construction, improving, repairing or maintaining a dwelling,
or to discriminate against him/her in fixing of the amount, interest
rate, duration or other terms or conditions of such loan or other
financial assistance because of the race, color, religion, national
origin, ancestry, sex, disability or familial status of such person
or of any person associated with him/her in connection with such loan
or other financial assistance, or of the present or prospective owners,
lessees, tenants or occupants of the dwellings in relation to which
such loan or other financial assistance is to be made or given.
[Ord. No. 22-2359, 7-5-2022]
It shall be unlawful to deny any person access to or membership
or participation in any multiple listing service, real estate brokers'
organization or other service organization or facility relating to
the business of selling or renting dwellings on account of race, color,
religion, national origin, ancestry, sex, disability or familial status.
[Ord. No. 22-2359, 7-5-2022]
A. All persons within the City of Manchester are free and equal and
shall be entitled to the full and equal use and enjoyment within this
State of any place of public accommodation, as hereinafter defined,
without discrimination or segregation on the grounds of race, color,
religion, national origin, sex, ancestry or disability.
B. It is an unlawful discriminatory practice for any person, directly
or indirectly, to refuse, withhold from or deny any other person or
to attempt to refuse, withhold from or deny any other person any of
the accommodations, advantages, facilities, services or privileges
made available in any place of public accommodation or to segregate
or discriminate against any such person in the use thereof on the
grounds of race, color, religion, national origin, sex, ancestry or
disability.
C. The provisions of this Section shall not apply to a private club,
a place of accommodation owned by or operated on behalf of a religious
corporation, association or society or other establishment which is
not in fact open to the public, unless the facilities of such establishments
are made available to the customers or patrons of a place of public
accommodation.
[Ord. No. 22-2359, 7-5-2022]
A. It shall be an unlawful discriminatory practice:
1.
To aid, abet, incite, compel or coerce the commission of acts
prohibited under this Chapter or to attempt to do so;
2.
To retaliate or discriminate in any manner against any other
person because such person has opposed any practice prohibited by
this Chapter or because such person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or hearing conducted pursuant to this Chapter;
3.
For the City to discriminate on the basis of race, color, religion,
national origin, sex, ancestry, age, as it relates to employment,
disability or familial status as it relates to housing; or
4.
To discriminate in any manner against any other person because
of such person's association with any person protected by this
Chapter.
[Ord. No. 22-2359, 7-5-2022]
A. Nothing in this Chapter shall be construed to:
1.
Require the Commission to review or approve the plans, designs or construction of all covered dwellings to determine whether the design and construction of such dwellings are consistent with the requirements of Subsection
(B)(3) of Section
225.010.
2.
To invalidate or limit any law of the State or of the City that
requires dwellings to be designed and constructed in a manner that
affords persons with disabilities greater access than is required
by this Chapter.
B.
1.
Requires that a dwelling be made available to an individual
whose tenancy would constitute a direct threat to the health or safety
of other individuals or whose tenancy would result in substantial
physical damage to the property of others.
2.
Limits the applicability of any reasonable local restriction
regarding the maximum number of occupants permitted to occupy a dwelling,
nor does any provision of the Sections regarding familial status apply
with respect to housing for older persons.
3.
Prohibits conduct against a person because such person has been
convicted by any court of competent jurisdiction of the illegal manufacture
or distribution of a controlled substance, as defined by Section 195.010,
RSMo.
C. Nothing in this Chapter shall prohibit a religious organization,
association or society or any non-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 dwellings which it owns or operates for other than
a commercial purpose to 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. Nor shall
anything in this Chapter prohibit a private club not in fact open
to the public, which as an incident to its primary purpose or purposes
provides lodging which it owns or operates for other than a commercial
purpose, from limiting the rental or occupancy of such lodging to
its members or from giving preference to its members.
D. Nothing in this Chapter, other than the prohibitions against discriminatory advertising in Subsection
(A)(3) of Section
225.010, shall apply to:
1.
The sale or rental of any single-family house by a private individual
owner, provided the following conditions are met:
a.
The private individual owner does not own or have any interest
in more than three (3) single-family houses at any one (1) time; and
b.
The house is sold or rented without the use of a real estate
broker, agent or salesperson or the facilities of any person in the
business of selling or renting dwellings and without publication,
posting or mailing of any advertisement. If the owner selling the
house does not reside in it at the time of the sale or was not the
most recent resident of the house prior to such sale, the exemption
in this Section applies to only one (1) such sale in any twenty-four
(24) month period.
2.
Rooms or units in dwellings containing living quarters occupied
or intended to be occupied by no more than four (4) families living
independently of each other, if the owner actually maintains and occupies
one (1) of such living quarters as his/her residence.
[Ord. No. 22-2359, 7-5-2022]
A. Purpose.
1.
This Section implements the policy of the City on requests for
reasonable accommodation in its rules, policies, and procedures for
persons with disabilities as required by the Fair Housing Act, as
amended, 42 U.S.C. § 3604(f)(3)(B) and Title II of the Americans
with Disabilities Act, 42 U.S.C. § 12132. The policy of
the City is to comply fully with the provisions of the Fair Housing
Act and Title II of the Americans with Disabilities Act.
2.
Any person with disabilities and eligible under the Fair Housing
Act or Title II of the Americans with Disabilities Act may request
a reasonable accommodation with respect to the various land use or
zoning laws, rules, policies, practices and/or procedures of the City
as provided by the Fair Housing Act and Title II of the Americans
with Disabilities Act pursuant to the procedures set out in this Section.
3.
Nothing in this Section requires persons with disabilities or
operators of group homes for persons with disabilities acting or operating
in accordance with applicable zoning, licensing or land use laws or
practices to seek reasonable accommodation under this Section.
B. Definitions. As used in this Section, the following terms should
have these prescribed meanings:
ACTS
Collectively, the FHA and the ADA.
ADA
Title II of the Americans with Disabilities Act, 42 U.S.C.
§ 12131 et seq., and its implementing regulations, 28 CFR
Part 35.
APPLICANT
An individual, group or entity making a request for reasonable
accommodation pursuant to this Section.
DEPARTMENT
The Planning and Zoning Department of the City.
DISABLED PERSON
Any person who is "handicapped" within the meaning of 42
U.S.C. § 3602(h) or a "qualified individual with a disability"
within the meaning of 42 U.S.C. § 12131(2).
DWELLING
A "dwelling" as defined in 42 U.S.C. § 3602(b).
FHA
The Fair Housing Act, Title III of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C.
§ 3601 et seq., as may be amended.
C. Notice To The Public Of Availability Of Accommodation Process. The
Department shall prominently display a notice at the counter in the
Department or in some other conspicuous place advising those with
disabilities or their representatives that they may request a reasonable
accommodation in accordance with the procedures established in this
Section.
D. Requesting Reasonable Accommodation. To make specific housing available
to one (1) or more individuals with disabilities, a disabled person
or a person acting on his or her behalf at his or her request (collectively,
the applicant) may request a reasonable accommodation relating to
the various land use or zoning rules, policies, practices and/or procedure
of the City applicable to such housing.
1.
A request by an applicant for reasonable accommodation relating
to land use or zoning rules, policies, practices and/or procedures
shall be made orally or in writing on a reasonable accommodation request
form provided by the Department. The form shall contain:
a.
The current zoning for the property;
b.
The name, phone number and address of the owner of the fee interest
of the property (if other than the applicant);
c.
The nature of the disability that requires the reasonable accommodation.
In the event that the specific individuals who are expected to reside
at the property are not known to the applicant in advance of making
the application, the applicant shall not be precluded from filing
the application but shall submit details describing the range of disabilities
that prospective residents are expected to have to qualify for the
housing. The applicant shall notify the Department, in the event the
residents at the location are not within the range described. The
Department shall then determine if an amended application and subsequent
determination of reasonable accommodation is appropriate;
d.
The specific type of accommodation requested by the applicant.
To the extent practicable, this portion should include information
concerning the impact of the reasonable accommodation on the adjoining
properties and area, the number of people who are expected to be availing
themselves of the reasonable accommodation, the estimated number of
people in an average week who will be necessary to provide services
to the person(s) with disabilities at the property on an ongoing basis,
whether or not this type of reasonable accommodation is required to
obtain a license from any State or County authority to operate, and
any other information the applicant thinks would assist in determining
the reasonableness of the accommodation;
e.
The applicant should also note, if known, whether this accommodation
requires any additional licensure from the City; and
f.
Whether the accommodation requested may be necessary to afford
one (1) or more disabled persons equal opportunity to use and enjoy
a specific dwelling.
2.
The Department will provide the assistance necessary to an applicant
in making a request for reasonable accommodation, including that information
which the Department deems necessary to complete a reasonable accommodation
request form. Upon the City's receipt of the necessary information
to process the applicant's request for reasonable accommodation,
the Department shall use the information to complete a reasonable
accommodation request form.
3.
The Department will provide the assistance necessary to any
applicant wishing to appeal a denial of a request for reasonable accommodation
to ensure the process is accessible to the applicant. The applicant
is entitled to be represented at all stages of the proceedings identified
in this Section by a person designated by the applicant.
4.
Should the information provided by the applicant to the Department
include medical information or records of the applicant, including
records indicating the medical condition, diagnosis or medical history
of the applicant, the applicant may, at the time of submitting such
medical information, request that the Department, to the extent allowed
by law, treat such medical information as confidential information
of the applicant.
5.
The Department shall provide written notice to the applicant,
and any person designated by the applicant to represent the applicant
in the application proceeding, of any request received by the Department
for disclosure of the medical information or documentation which the
applicant has previously requested be treated as confidential by the
Department. The Department will cooperate with the applicant, to the
extent allowed by law, in actions initiated by the applicant to oppose
the disclosure of such medical information or documentation.
E. Jurisdiction.
1.
Director/designee. The director of the Department, or their designee (director/designee), shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, the director/designee shall review the circumstances of the request, Federal law requirements, and the findings of Subsection
(F) of this Section and, after conferring with the City Attorney, shall issue a written determination within thirty (30) days of the date of receipt of a completed application (the "thirty (30) day period") and may:
a.
Grant the accommodation request; or
b.
Deny the request, in accordance with Federal law. Any such denial
shall be in writing and shall state the grounds therefor. All written
determinations shall give notice of the right to appeal and the right
to request reasonable accommodation in the appeals process. The notice
of determination shall be sent to the applicant by certified mail,
return receipt requested, and by regular mail.
2.
If reasonably necessary to reach a determination on the request
for reasonable accommodation, the director/designee may, prior to
the end of the thirty (30) day period, request additional information
from the applicant, specifying in detail what information is required.
The applicant shall have fifteen (15) days after the date of the request
for additional information to provide the requested information. In
the event a request for additional information is made, the thirty
(30) day period to issue a written determination shall be stayed.
The director shall issue a written determination within thirty (30)
days after receipt of the additional information. If the applicant
fails to provide the requested additional information within the fifteen
(15) day period, the director shall issue a written determination
within thirty (30) days after expiration of the fifteen (15) day period.
F. Findings For Reasonable Accommodation.
1.
The following findings, while not exhaustive of all considerations
and findings that may be relevant, must be made before any action
is taken to approve or deny a request for reasonable accommodation
and must be incorporated into the record relating to such approval
or denial:
a.
Whether the accommodation requested may be necessary to afford
one (1) or more persons with disabilities equal opportunity to use
and enjoy a specific dwelling;
b.
Whether the requested accommodation would require a fundamental
alteration to the City's zoning scheme or detrimentally affect
the character of the area;
c.
Whether the nature, substance, magnitude, scope, and characteristics
of the accommodation requested indicate that it might be better addressed
through the City's zoning process; and
d.
Whether the requested accommodation would impose undue financial
or administrative burdens on the City.
2.
A request for a reasonable accommodation shall not be denied
for reasons which violate the provisions of the Acts. This Section
does not obligate the City to grant any accommodation request unless
required by the provisions of the Acts or applicable Missouri State
law.
G. Appeals.
1.
Within thirty (30) days after the date the director/designee mails a written adverse determination, under Subsection
(E) of this Section, to the applicant, the applicant requesting reasonable accommodation may appeal the adverse determination.
2.
All appeals shall contain a statement of the grounds for the
appeal.
3.
If an individual applicant needs assistance in appealing a determination,
the Department will provide the assistance necessary to ensure that
the appeal process is accessible to the applicant. All applicants
are entitled to be represented at all stages of the appeal proceeding
by a person designated by the applicant.
4.
Appeals shall be to the Board of Adjustment who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than forty-five (45) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Subsection
(F) of this Section and shall be consistent with the Acts.
5.
An applicant may request reasonable accommodation in the procedure
by which an appeal will be conducted.
H. Fee. The City shall not impose any additional fees or costs in connection
with a request for reasonable accommodation under the provisions of
this Section or an appeal of a denial of such request by the director/designee.
Nothing in this Section obligates the City to pay an applicant's
attorney fees.
I. Stay Of Enforcement. While an application for reasonable accommodation
or appeal of a denial of the application is pending before the City,
the City will not enforce the subject zoning ordinance against the
applicant.
J. Recordkeeping. The City shall maintain records of all oral and written
requests submitted under the provisions of this Section, and the City's
responses thereto, as required by State law.