[R.O. 1997 § 225.010; Ord. No. 357 § 1, 6-23-1997]
The City Council declares it to be the public policy of the City to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent or obtain real property without regard to race, sex, color, religion, national origin, ancestry, disability or familial status. This Chapter shall be deemed an exercise of the police powers of the City for the protection of the public welfare, prosperity, health and peace of the people of the City of Wildwood.
[R.O. 1997 § 225.020; Ord. No. 357 § 1, 6-23-1997]
For the purposes of this Chapter the following terms shall be deemed to have the meanings indicated below:
- The Missouri Commission on Human Rights as defined by Section 213.010, RSMo.
- A person who has filed a complaint with the Commission alleging that another person has engaged in a prohibited discriminatory practice.
- Any unfair treatment based on race, color, religion, national origin, ancestry, sex, handicap, or familial status as it relates to housing.
- 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:
- A physical or mental impairment which substantially limits one (1) or more of a person's major life activities, a condition perceived as such, or a record of having such an impairment, which with or without reasonable accommodation does not interfere with utilizing the place of public accommodation, or occupying the dwelling in question. For purposes of this Chapter, the term "handicap" 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 handicapped 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.
- 1. Housing:
- a. Provided under any State or Federal program that the Commission determines is specifically designed and operated to assist elderly persons, as defined in the State or Federal program; or
- b. Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or
- c. Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit.
- 2. Housing qualifies as housing for older persons under this Chapter if:
- a. The housing has significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;
- b. At least eighty percent (80%) of the units are occupied by at least one (1) person fifty-five (55) years of age or older per unit; and
- c. The owner or manager of the housing has published and adhered to policies and procedures which demonstrate an intent by said owner or manager to provide housing for persons fifty-five (55) years of age or older.
- 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.
- Includes to lease, to sublease, to let and otherwise to grant for consideration the right to occupy premises not owned by the occupant.
- A person who is alleged to have engaged in a prohibited discriminatory practice in a complaint filed with the Commission.
- UNLAWFUL DISCRIMINATORY PRACTICE
- Any act that is unlawful under this Chapter.
[R.O. 1997 § 225.030; Ord. No. 357 § 1, 6-23-1997]
It shall be an unlawful housing practice:
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, handicap, or familial status.
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, handicap, or familial status.
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, handicap, or familial status, or an intention to make any such preference, limitation, or discrimination.
To represent to any person because of race, color, religion, national origin, ancestry, sex, handicap, or familial status that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
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, handicap, or familial status.
To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:
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 handicap of:
A refusal to permit, at the expense of the handicapped person, 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;
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
In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:
The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
All premises within such dwellings contain the following features of adaptive design:
An accessible route into and through the dwelling;
Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
Reinforcements in bathroom walls to allow later installation of grab bars; and
Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
[R.O. 1997 § 225.040; Ord. No. 357 § 1, 6-23-1997]
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, handicap 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, handicap, 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.
[R.O. 1997 § 225.050; Ord. No. 357 § 1, 6-23-1997]
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, handicap, or familial status.
[R.O. 1997 § 225.060; Ord. No. 357 § 1, 6-23-1997]
Nothing in this Chapter shall be construed 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 handicapped persons greater access than is required by this Chapter.
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.
Limits the applicability of any reasonable local restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision of said Sections regarding familial status apply with respect to housing for older persons.
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.
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.
Nothing in this Chapter, other than the prohibitions against discriminatory advertising in Subsection (A)(3) of Section 225.030, shall apply to:
The sale or rental of any single-family house by a private individual owner, provided the following conditions are met:
The private individual owner does not own or have any interest in more than three (3) single family houses at any one time; and
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 such sale in any twenty-four (24) month period; or
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 of such living quarters as his/her residence.
[R.O. 1997 § 225.070; Ord. No. 357 § 1, 6-23-1997]
Nothing in this Chapter shall limit any person's rights under the laws of the United States, State of Missouri, or other jurisdiction, including the right to file a complaint with the Commission or the United States Secretary of Housing and Urban Development, or the right to file a civil action thereafter.
[R.O. 1997 § 225.080; Ord. No. 357 § 1, 6-23-1997; Ord. No. 1607 § 1, 3-23-2009]
Any person who shall violate any provision of this Chapter shall be deemed guilty of an offense and shall, upon conviction, be punished by a fine and imprisonment as set out in Section 100.140 of this Code.