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adopted September 21, 2009, repealed ch. 8.1 "fair housing" and enacted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.
[Ord. No. 2582 § 1, 9-21-2009]
There is hereby established a policy to provide, within constitutional
limitations, for fair housing throughout the City.
[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:
The City Attorney of the City of Centralia, Missouri.
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:
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
Is participating in a supervised rehabilitation program and
is no longer engaging in illegal use of controlled substances; or
Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance.
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.
One (1) or more individuals who have not attained the age
of eighteen (18) years being domiciled with:
A parent or another person having legal custody of such individual;
or
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.)
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 lease, to sublease, to let and otherwise to grant for
a consideration the right to occupy premises not owned by the occupant.
An act that is unlawful under Section 8.1-4.
[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.
[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:
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:
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.
[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.
[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.
[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.
[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.
[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.
