[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:
COMMISSION
The Missouri Commission on Human Rights as defined by Section
213.010, RSMo.
COMPLAINANT
A person who has filed a complaint with the Commission alleging
that another person has engaged in a prohibited discriminatory practice.
DISCRIMINATION
Any unfair treatment based on race, color, religion, national
origin, ancestry, sex, handicap, 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 protection 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.
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HANDICAP
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.
HOUSING FOR OLDER PERSONS
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.
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.
RENT
Includes to lease, to sublease, to let and otherwise to grant
for consideration the right to occupy premises not owned by the occupant.
RESPONDENT
A person who is alleged to have engaged in a prohibited discriminatory
practice in a complaint filed with the Commission.
[R.O. 1997 § 225.030; Ord. No. 357 § 1, 6-23-1997]
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, handicap, 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,
handicap, 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, handicap, 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, handicap,
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, handicap, 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 handicap 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 handicap 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 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;
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 multi-family dwellings for first 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 handicapped
persons;
b.
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
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 Subsection
(B)(3) 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 physically handicapped people, commonly cited as "ANSI A117.1," suffices to satisfy the requirements of Subsection
(B)(3)(a) of this Section.
[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]
A. 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.
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 said Sections regarding
familial status apply with respect to housing for older persons.
3.
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.
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
225.030, 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 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 such sale in any
twenty-four (24) month period; or
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 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.