City of Centralia, MO
Boone County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2582 § 1, adopted September 21, 2009, repealed ch. 8.1 "fair housing" and enacted new provisions set out herein. Former ch. 8.1 derived from ord. No. 1175 §§ 1 — 8, 2-9-1981; ord. no. 1179 §§ 1 — 8, 6-8-1981.
State Law Reference — See RSMo., ch. 213.
Federal Law Reference — Title 42 USC § 3601, et seq.

Section 8.1-1 Establishment of policy.

[Ord. No. 2582 § 1, 9-21-2009]
There is hereby established a policy to provide, within constitutional limitations, for fair housing throughout the City.

Section 8.1-2 Definitions.

[Ord. No. 2582 § 1, 9-21-2009]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
CITY ATTORNEY; THE CITY ATTORNEY
The City Attorney of the City of Centralia, Missouri.
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 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; or
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.
DWELLING
Any building, structure or portion thereof located within the City, 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 on the basis 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
One (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, or other organized group of persons.
TO RENT
To lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
UNLAWFUL HOUSING PRACTICE
An act that is unlawful under Section 8.1-4.

Section 8.1-3 City Attorney to administer chapter.

[Ord. No. 2582 § 1, 9-21-2009]
The City Attorney shall have the authority and responsibility for administering this Chapter. The City Attorney shall administer this Chapter in a manner affirmatively to further the policies of this Chapter and to prevent or eliminate unlawful housing practices. The City Attorney shall cooperate with and may render technical assistance through Federal, State or other public or private agencies, organizations and institutions which are formulating or carrying out programs to prevent or eliminate unlawful housing practices. The City Attorney may refer matters to the City Police and City Prosecutor for investigation and possible prosecution in Municipal Court when the City Attorney has reason to believe that a violation of any provisions of this Chapter may have occurred.

Section 8.1-4 Discrimination — in sale or rental of housing.

[Ord. No. 2582 § 1, 9-21-2009]
A. 
Except as exempted or excepted by Section 8.1-7 or this Section, it shall be an unlawful housing practice for any person:
1. 
To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, national origin, ancestry, familial status or disability.
2. 
To discriminate against any person in the terms, conditions or privilege of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, national origin, ancestry, familial status or disability.
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, sex, national origin, ancestry, familial status or disability or any intention to make any such preference, limitation or discrimination.
4. 
To represent to any person, because of race, color, religion, sex, national origin, ancestry, familial status or disability, 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, sex, national origin, ancestry, familial status or disability.
6. 
To discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
a. 
That buyer or renter;
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 or sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:
a. 
That person; or
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. 
For purposes of this Section, an unlawful housing practice includes:
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; or
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; or
3. 
In connection with the design and construction of covered multifamily dwellings for first (1st) occupancy after March 13, 1991 (defined as buildings consisting of four (4) or more units if such buildings have one (1) or more elevators, and ground floor units in other buildings consisting of four (4) more units), 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; and
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; and
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. 
Compliance with the appropriate requirements of the American National Standard for Buildings and Facilities providing accessibility and usability for people with physical disabilities, commonly cited as "ANSI A117.1", suffices to satisfy the requirements of Subparagraph (a) of Paragraph (3) of Subsection (B) of this Section.
D. 
Nothing in this Chapter shall be construed to invalidate or limit any Missouri law or City ordinance that requires dwellings to be designed and constructed in a manner that affords persons with disabilities greater access than is required by this Chapter.
E. 
Nothing in this Section 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.
F. 
Nothing in this Section limits the applicability of any reasonable local or State restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision in this Section and regarding familial status apply with respect to housing for older persons (defined as housing intended for and solely occupied by persons sixty-two (62) years of age or older).
G. 
Nothing in this Section shall prohibit 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.

Section 8.1-5 Same — in financing of housing.

[Ord. No. 2582 § 1, 9-21-2009]
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 to a person applying therefore for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against said person in the 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, sex, national origin, ancestry, familial status or disability of such person or of any person associated with said person in connection with the loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling in relation to which the loan or other financial assistance is to be made or given.

Section 8.1-6 Same — in brokerage services.

[Ord. No. 2582 § 1, 9-21-2009]
It shall be unlawful for any person to deny any person access to 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 or to discriminate against him in the terms or conditions of such access, membership or participation on account of race, color, religion, sex, national origin, ancestry, familial status or disability.

Section 8.1-7 Same — exemptions.

[Ord. No. 2582 § 1, 9-21-2009]
A. 
The prohibitions against unlawful housing practices on the sale or rental of housing set forth in Section 8.1-4 shall apply except as provided in that Section, and except as provided in this Section, as follows: Nothing in Section 8.1-4, other than Subsection A(3) thereof, shall apply to:
1. 
Any single-family house sold or rented by a private individual owner; provided, that such private individual owner does not own or have an interest in more than three (3) such single-family houses at any one time; provided, further, that in the case of the sale of any such single-family house by a private individual owner not residing in the house at the time of the sale, or who was not the most recent resident of the house prior to the sale, the exemption granted by this Section shall apply only with respect to one (1) such sale in any twenty-four (24) month period; provided, further, that after February 10, 1981, the sale or rental of any such single-family house shall be excepted from the application of this Chapter only if the house is sold or rented:
a. 
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
b. 
Without the publication, posting or mailing of any advertisement. But nothing in this Section shall prohibit the use of attorneys, escrow agents, title companies and such other professional assistance as necessary to perfect or transfer the title.
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 the living quarters as his or her residence.
B. 
Nothing in this Chapter shall prohibit a religious organization, association or society, or any nonprofit 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, national origin, sex, ancestry, familial status or disability, nor shall anything in this Chapter prohibit a private club not in fact open to the public which, as an incident to its primary purposes, provides lodgings which it owns or operates for other than a commercial purpose from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

Section 8.1-8 Additional unlawful practices.

[Ord. No. 2582 § 1, 9-21-2009]
It shall be an unlawful 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 report, testified or participated in any manner in any investigation conducted pursuant to this Chapter;
3. 
To discriminate in any manner against any other person because of such person's association with any person protected by this Chapter.

Section 8.1-9 Enforcement procedures.

[Ord. No. 2582 § 1, 9-21-2009]
A. 
Any person who claims to have personal knowledge of an unlawful housing practice or other unlawful act in this Chapter may file a report of such matter with the City Attorney. Reports shall be in writing and shall contain such information and be in such form as the City Attorney may require.
B. 
After the City Attorney receives such a report, the matter shall be investigated by the City Attorney and the City Attorney shall determine if cause exists for the allegations made in the report. If the City Attorney finds cause for the matter set forth in the report, the City Attorney may attempt to eliminate or correct the alleged unlawful housing practice or other unlawful act by informal methods of conference, conciliation and persuasion. The City Attorney, also at any time he or she has reason to believe that a person has been engaged in an unlawful housing practice or other unlawful act prohibited by this Chapter, may refer the matter to the City Police Department and City Prosecutor for investigation and possible prosecution in Municipal Court.