[CC 1997 §7.28; Ord. No. 2776-96, 7-17-1996]
For the purposes of this Article the following terms shall be
deemed to have the meanings indicated below:
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 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.
|
HOUSING FOR OLDER PERSONS
Means housing:
1.
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;
2.
Intended for, and solely occupied by, persons sixty-two (62)
years of age or older; or
3.
Intended and operated for occupancy by at least one (1) person
fifty-five (55) years of age or older per unit.
Housing qualifies as housing for older persons under this Article
if:
|
1.
|
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; and
|
2.
|
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
|
3.
|
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.
UNLAWFUL DISCRIMINATORY PRACTICE
Any act that is unlawful under this Article, including coercion,
intimidation, threats or interference with any person in the exercise
or enjoyment of the rights to fair housing set out in this Article.
[CC 1997 §7.29; Ord. No. 2776-96, 7-17-1996]
A. Regulations For The Sale Or Rental Of Housing. It shall
be unlawful for any owner, real estate broker, salesman, or lending
institution, either by themselves or through their officers, employees,
agents or salesmen, or for any other 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 ancestry, color, handicap,
marital status, familial status, national origin, race, religion,
or sex;
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 ancestry, color, handicap, marital
status, familial status, national origin, race, religion, or sex;
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 ancestry, color, handicap, marital status, familial status,
national origin, race, religion, or sex, or an intention to make any
such preference, limitation, or discrimination;
4. To advise
any person because of ancestry, color, handicap, marital status, familial
status, national origin, race, religion, or sex, that any dwelling
is not available for inspection, sale, or rental when such dwelling
is in fact so available;
5. For
profit, 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
ancestry, color, handicap, marital status, familial status, national
origin, race, religion, or sex.
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. For purposes of Subsections
(A),
(C), and
(D) discrimination includes:
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.
4. As used
in Subparagraph (3), above, the term "covered multi-family
dwelling" means:
a. Buildings
consisting of four (4) or more units if such buildings have one (1)
or more elevators; and
b. Ground
floor units in other buildings consisting of four (4) or more units.
5. 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).
C. Discrimination In The Sale Or Rental Of Housing—Exemptions. Nothing in this Article 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 age, ancestry, color, creed, handicap, marital
status, national origin, race, religion, or sex. Nor shall anything
in this Article prohibit a private club, not in fact open to the public,
which as an incident to its primary purpose or 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.
D. Discrimination In The Financing Of Housing. 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:
1. Deny
a loan or other financial assistance because of ancestry, color, handicap,
marital status, familial status, national origin, race, religion,
or sex to a person applying therefor for the purpose of purchasing,
constructing, improving, repairing, or maintaining a dwelling;
2. Discriminate
against him in the fixing of the amount, interest rate, duration,
or other terms or conditions of such loan or other financial assistance
because of ancestry, color, handicap, marital status, familial status,
national origin, race, religion, or sex;
3. Discriminate
against any person associated with said applicant in connection with
such loan or other financial assistance or the purposes of such loan
or other financial assistance because of ancestry, color, handicap,
marital status, familial status, national origin, race, religion,
or sex; or
4. Discriminate
against the present or prospective owners, lessees, tenants, or occupants
of the dwelling or dwellings in relation to which such loan or other
financial assistance is to be made or given because of ancestry, color,
handicap, marital status, familial status, national origin, race,
religion, or sex.
E. Discrimination In The Provision Of Brokerage Services. It
shall be unlawful for any person to deny any person access to or membership
or participation in any multiple listing service, real estate broker's
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 ancestry, color, handicap, marital
status, familial status, national origin, race, religion, or sex.
[CC 1997 §7.30; Ord. No. 2776-96, 7-17-1996]
A. Solicitation. It shall be unlawful for any real estate corporation,
partnership, firm or association, or for any person acting as a real
estate agent, salesman, or broker, or for any agent, employee, or
person acting on their behalf to solicit or induce, or attempt to
solicit or induce, in any manner or by any means, including, but not
limited to, the use of the mails, telegraph, letters, flyers, leaflets,
circulars, telephone, door-to-door solicitation or any other type
of written or oral personal contact, any person having any interest
in a dwelling, including occupant, to sell, lease, rent, move from
or otherwise dispose of or change his interest in said dwelling.
B. Exemptions. Subsection
(A) above shall not be applicable to:
1. Any
solicitation or attempted solicitation to sell, lease, rent, move
from, or otherwise dispose of or change interest in any vacant land;
2. Any
solicitation or attempted solicitation to sell, lease, rent, move
from, or otherwise dispose of or change interest in any dwelling,
said solicitation or attempted solicitation being publicly broadcast
on television or radio or placed in a newspaper or magazine of general
circulation;
3. Any
solicitation or attempted solicitation to sell, lease, rent, move
from, or otherwise dispose of or change interest in any dwelling or
other property for the purpose of acquiring tracts of real property
for the purpose of residential, commercial, industrial or recreational
development;
4. Any
solicitation or attempted solicitation to sell, lease, rent, move
from, or otherwise dispose of or change interest in any dwelling or
other property whose owner or occupant has listed or advertised such
property for sale or rent.
C. Steering—Sale Or Rental Of Dwellings—Unlawful. It shall be unlawful for any real estate corporation, partnership,
firm or association, or for any person acting as a real estate agent,
salesman or broker, or for any agent, employee or person acting in
their behalf, to:
1. Influence
or attempt to influence any person who represents himself to be a
prospective purchaser, occupant, or tenant of a dwelling to refrain
from purchasing or renting a dwelling by referring to age, ancestry,
color, creed, handicap, marital status, national origin, race, religion,
or sex of occupants or prospective occupants of other dwellings in
the neighborhood;
2. Discriminate
against any person who represents himself to be a prospective seller,
purchaser, occupant, landlord or tenant of a dwelling, by any influence,
suggestion, act or failure to act, or accord any differential treatment
among such persons, in connection with the sale or rental of a dwelling
or in the furnishing of information, services, or facilities relative
thereto because of age, ancestry, color, creed, handicap, marital
status, national origin, race, religion, or sex of any person.
[CC 1997 §7.31; Ord. No. 2776-96, 7-17-1996]
A. Nothing
in this Article shall be construed to:
1. Require
the City 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 this Article.
2. To invalidate
or limit any law 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 Article.
B. Nothing
in this Article:
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 Article, other than the prohibitions against discriminatory
advertising, 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 (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 residence.
[CC 1997 §7.32; Ord. No. 2776-96, 7-17-1996; Ord. No.
3281-01 §1, 8-15-2001]
Any person who claims to have been injured or who will be injured
by a violation of this Article may file a complaint. The written complaint
should be addressed to: The City Manager, City of Hazelwood, 415 Elm
Grove Lane, Hazelwood, Missouri, 63042, (314) 839-3700, and should
be filed within one hundred eighty (180) days after the complainant
becomes aware of the alleged violation. The complaint should contain
the name and address of the person filing it, and a brief description
of the alleged violation of the regulations. For purposes of this
Section, all days of violation with respect to one (1) dwelling shall
be taken to mean one (1) occurrence. The City Manager shall promptly
forward complaints to the Community Enrichment Commission for investigation,
and the Community Enrichment Commission shall provide a copy of the
complaint to the person or persons who allegedly committed or who
are about to commit the alleged discriminatory practice. An investigation,
as may be appropriate, shall follow the filing of a complaint. These
rules contemplate informal but thorough investigations, affording
all interested persons and their representatives, if any, an opportunity
to submit evidence relevant to a complaint. A written determination
as to the validity of the complaint and description of resolution,
if any, shall be issued by the Community Enrichment Commission, and
a copy shall be forwarded to the complainant no later than thirty
(30) days after its filing. The City Manager shall maintain all files
and records of the City relating to the complaints filed. The complainant
may request a reconsideration of a case in instances where he is dissatisfied
with the resolution. The request for reconsideration should be made
within ten (10) days to the Community Enrichment Commission. The right
of a person to a prompt and equitable resolution of the complaint
filed hereunder shall not be impaired by the person's pursuit of other
remedies, and utilization of this grievance procedure is not a prerequisite
to the pursuit of other remedies.
[CC 1997 §7.33; Ord. No. 2776-96, 7-17-1996]
Upon conviction, any person, firm, or corporation violating
any of the provisions of this Article shall be punished by a fine
not to exceed one hundred dollars ($100.00) or by imprisonment not
to exceed ninety (90) days, or by both such fine and imprisonment.
Each day a violation exists it shall be considered a separate offense.
[CC 1997 §35.3; Ord. No. 1761-84, 10-17-1984; Ord. No.
1771-84, 11-14-1984; Ord. No. 3281-01 §2, 8-15-2001]
A. The City
of Hazelwood hereby adopts an internal grievance procedure providing
for prompt and equitable resolution of complaints alleging any action
prohibited by the office of Revenue Sharing (ORS), U.S. Department
of the Treasury, regulations (31 C.F.R. 51.55 (d)(2)) implementing
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794).
Section 504 states, in part, that "no otherwise qualified handicapped
individual...shall, solely by reason of his handicap, be excluded
from the participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity receiving Federal
financial assistance..."
1. A complaint
should be filed in writing, contain the name and address of the person
filing it, and briefly describe the alleged violation of the regulations.
2. A complaint
should be filed within ninety (90) days after the complainant becomes
aware of the alleged violation. (Processing of allegations of discrimination
occurring before the effective date of this grievance procedure will
be considered on a case-by-case basis.) Complaints should be addressed
to: The City Manager, City of Hazelwood, 415 Elm Grove Lane, Hazelwood,
Missouri, 63042, (314) 839-3700, who has been designated to coordinate
Section 504 compliance efforts. The City Manager shall forward complaints
promptly to the Community Enrichment Commission for investigation,
and the Community Enrichment Commission shall provide a copy of the
complaint to the person or persons who allegedly committed or are
about to commit the alleged discriminatory practice.
3. An investigation,
as may be appropriate, shall follow a filing of a complaint. These
rules contemplate informal but thorough investigations, affording
all interested persons and their representatives, if any, an opportunity
to submit evidence relevant to a complaint. Under 31 C.F.R. 51.55(d)(2),
the City of Hazelwood need not process complaints from applicants
for employment or from applicants for admission to post-secondary
educational institutions.
4. A written
determination as to the validity of the complaint and description
of resolution, if any, shall be issued by the Community Enrichment
Commission, and a copy forwarded to the complainant no later than
thirty (30) days after its filing.
5. The
City Manager, as Section 504 coordinator, shall maintain the files
and records of the City of Hazelwood relating to the complaints filed.
6. The
complainant may request a reconsideration of the case in instances
where he is dissatisfied with the resolution. The request for reconsideration
should be made within ten (10) days to the Community Enrichment Commission.
7. The
right of a person to a prompt and equitable resolution of the complaint
filed hereunder shall not be impaired by the person's pursuit of other
remedies such as the filing of a Section 504 complaint with the office
of Revenue Sharing, U.S. Department of the Treasury. Utilization of
this grievance procedure is not a prerequisite to the pursuit of other
remedies.
8. These
rules shall be construed to protect the substantive rights of interested
persons, to meet appropriate due process standards and to assure that
the City of Hazelwood complies with Section 504 and the office of
Revenue Sharing regulations.