As used in this chapter, the following terms shall mean:
An age of forty (40) or more years but less than seventy
years, except that it shall not be an unlawful employment practice
for an employer to require the compulsory retirement of any person
who has attained the age of sixty-five (65) and who, for the two-year
period immediately before retirement, is employed in a bona fide executive
or high policy-making position, if such person is entitled to an immediate
non-forfeitable annual retirement benefit from a pension, profit sharing,
savings or deferred compensation plan, or any combination of such
plans, of the employer, which equals, in the aggregate, at least forty-four
thousand dollars ($44,000).
As it relates to the adverse decision or action, the protected
criterion was the motivating factor.
The Missouri Commission on Human Rights.
A person who has filed a complaint with the commission alleging
that another person has engaged in a prohibited discriminatory practice.
A physical or mental impairment which substantially limits
one 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 performing the job, utilizing the place of public accommodation,
or 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;
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.
Conduct proscribed herein, taken because of race, color,
religion, national origin, ancestry, sex, or age as it relates to
employment, disability, or familial status as it relates to housing.
Ay building, structure or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one 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 because 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.
Includes one 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.
All places or businesses offering or holding out to the general
public, goods, services, privileges, facilities, advantages or accommodations
for the peace, comfort, health, welfare and safety of the general
public or such public places providing food, shelter, recreation and
amusement, including, but not limited to:
Any inn, hotel, motel, or other establishment which provides
lodging to transient guests, other than an establishment located within
a building which contains not more than five (5) rooms for rent or
hire and which is actually occupied by the proprietor of such establishment
as his residence;
Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain,
or other facility principally engaged in selling food for consumption
on the premises, including, but not limited to, any such facility
located on the premises of any retail establishment;
Any gasoline station, including all facilities located on the
premises of such gasoline station and made available to the patrons
thereof;
Any motion picture house, theater, concert hall, sports arena,
stadium, or other place of exhibition or entertainment;
Any public facility owned, operated, or managed by or on behalf
of this state or any agency or subdivision thereof, or any public
corporation; and any such facility supported in whole or in part by
public funds;
Any establishment which is physically located within the premises
of any establishment otherwise covered by this Section or within the
premises of which is physically located any such covered establishment,
and which holds itself out as serving patrons of such covered establishment.
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.
Any act that is unlawful under this Chapter.
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, disability
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, disability
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 because of race, color, religion, national
origin, ancestry, sex, disability 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, disability 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 because of a particular
race, color, religion, national origin, ancestry, sex, disability
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 disability of:
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 disability of:
B.
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;
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 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 persons with a disability;
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.
[R.O. 2009 § 245.020]
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, disability 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, disability 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.
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 because of race, color,
religion, national origin, ancestry, sex, disability or familial status.
A.
All persons within the City are free and equal and shall
be entitled to the full and equal use and enjoyment within this State
of any place of public accommodation, as hereinafter defined, without
discrimination or segregation because of race, color, religion, national
origin, sex, ancestry or disability.
B.
It is an unlawful discriminatory practice for any person,
directly or indirectly, to refuse, withhold from or deny any other
person or to attempt to refuse, withhold from or deny any other person
any of the accommodations, advantages, facilities, services or privileges
made available in any place of public accommodation, or to segregate
or discriminate against any such person in the use thereof because
of race, color, religion, national origin, sex, ancestry or disability.
C.
The provisions of this Section shall not apply to a private
club, a place of accommodation owned by or operated on behalf of a
religious corporation, association or society or other establishment
which is not in fact open to the public, unless the facilities of
such establishments are made available to the customers or patrons
of a place of public accommodation.
[R.O. 2009 § 245.050]
A.
It shall be an unlawful discriminatory
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 complaint, testified, assisted or participated in any manner in
any investigation, proceeding or hearing conducted pursuant to this
Chapter;
3.
For the City to discriminate on the
basis of race, color, religion, national origin, sex, ancestry, age,
as it relates to employment, disability or familial status as it relates
to housing; or
4.
To discriminate in any manner against
any other person because of such person's association with any person
protected by this Chapter.
[R.O. 2009 § 245.060]
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
persons with disabilities 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 245.010, 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-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/her residence.
[R.O. 2009 § 245.070; Ord. No. 3549 § 5, 10-22-2015]
A.
Purpose.
1.
This Section implements the policy
of the City on requests for reasonable accommodation in its rules,
policies and procedures for persons with disabilities as required
by the Fair Housing Act, as amended, 42 U.S.C. Section 3604(f)(3)(B)
and Title II of the Americans with Disabilities Act, 42 U.S.C. Section
12132. The policy of the City is to comply fully with the provisions
of the Fair Housing Act and Title II of the Americans with Disabilities
Act.
2.
Any person with disabilities and
eligible under the Fair Housing Act or Title II of the Americans with
Disabilities Act may request a reasonable accommodation with respect
to the various land use or zoning laws, rules, policies, practices
and/or procedures of the City as provided by the Fair Housing Act
and Title II of the Americans with Disabilities Act pursuant to the
procedures set out in this Section.
3.
Nothing in this Section requires
persons with disabilities or operators of group homes for persons
with disabilities acting or operating in accordance with applicable
zoning, licensing or land use laws or practices to seek reasonable
accommodation under this Section.
B.
ACTS
ADA
APPLICANT
DEPARTMENT
DISABLED PERSON
DWELLING
FHA
Definitions. As used in this Section, the
following terms should have these prescribed meanings:
Collectively, the FHA and the ADA.
Title II of the Americans with Disabilities Act, 42 U.S.C.
Section 12131 et seq., and its implementing regulations, 28 C.F.R.
Part 35.
An individual, group or entity making a request for reasonable
accommodation pursuant to this Section.
The Community Development Department of the City.
Any person who is "handicapped" within the meaning of 42
U.S.C. Section 3602(h) or a "qualified individual with a disability"
within the meaning of 42 U.S.C. Section 12131(2).
A "dwelling" as defined in 42 U.S.C. Section 3602(b).
The Fair Housing Act, Title III of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C.
Sections 3601 et seq., as may be amended.
C.
Notice To The Public Of Availability Of
Accommodation Process. The Department shall prominently display a
notice at the counter in the Department advising those with disabilities
or their representatives that they may request a reasonable accommodation
in accordance with the procedures established in this Section.
D.
Requesting Reasonable Accommodation. In
order to make specific housing available to one (1) or more individuals
with disabilities, a disabled person or a person acting on his or
her behalf at his or her request (collectively, the applicant) may
request a reasonable accommodation relating to the various land use
or zoning rules, policies, practices and/or procedure of the City
applicable to such housing.
1.
A request by an applicant for reasonable
accommodation relating to land use or zoning rules, policies, practices
and/or procedures shall be made orally or in writing on a reasonable
accommodation request form provided by the Department. The form shall
contain:
a.
The current zoning for the property;
b.
The name, phone number and address
of the owner of the fee interest of the property (if other than the
applicant);
c.
The nature of the disability that
requires the reasonable accommodation. In the event that the specific
individuals who are expected to reside at the property are not known
to the applicant in advance of making the application, the applicant
shall not be precluded from filing the application, but shall submit
details describing the range of disabilities that prospective residents
are expected to have to qualify for the housing. The applicant shall
notify the Department, in the event the residents at the location
are not within the range described. The Department shall then determine
if an amended application and subsequent determination of reasonable
accommodation is appropriate;
d.
The specific type of accommodation
requested by the applicant. To the extent practicable, this portion
should include information concerning the impact of the reasonable
accommodation on the adjoining properties and area, the number of
people who are expected to be availing themselves of the reasonable
accommodation, the estimated number of people in an average week who
will be necessary to provide services to the person(s) with disabilities
at the property on an on-going basis, whether or not this type of
reasonable accommodation is required to obtain a license from any
State or County authority to operate, and any other information the
applicant thinks would assist in determining the reasonableness of
the accommodation;
e.
The applicant should also note, if
known, whether this accommodation requires any additional licensure
from the City; and
f.
Whether the accommodation requested
may be necessary to afford one (1) or more disabled persons equal
opportunity to use and enjoy a specific dwelling.
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The Department will assist the applicant
with furnishing the Department all information necessary for processing
the reasonable accommodation request, including that information which
the Department deems necessary to complete a reasonable accommodation
request form. Upon the City's receipt of the necessary information
to process the applicant's request for reasonable accommodation, the
Department shall use the information to complete a reasonable accommodation
request form.
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2.
The Department will provide the assistance
necessary to an applicant in making a request for reasonable accommodation.
The Department will provide the assistance necessary to any applicant
wishing to appeal a denial of a request for reasonable accommodation
to ensure the process is accessible to the applicant. The applicant
is entitled to be represented at all stages of the proceedings identified
in this Section by a person designated by the applicant.
3.
Should the information provided by
the applicant to the Department include medical information or records
of the applicant, including records indicating the medical condition,
diagnosis or medical history of the applicant, the applicant may,
at the time of submitting such medical information, request that the
Department, to the extent allowed by law, treat such medical information
as confidential information of the applicant.
4.
The Department shall provide written
notice to the applicant, and any person designated by the applicant
to represent the applicant in the application proceeding, of any request
received by the Department for disclosure of the medical information
or documentation which the applicant has previously requested be treated
as confidential by the Department. The Department will cooperate with
the applicant, to the extent allowed by law, in actions initiated
by the applicant to oppose the disclosure of such medical information
or documentation.
E.
Jurisdiction.
1.
Director/designee. The director of
the Department, or their designee (director/designee), shall have
the authority to consider and act on requests for reasonable accommodation.
When a request for reasonable accommodation is filed with the Department,
it will be referred to the director/designee for review and consideration.
The director/designee shall issue a written determination within thirty
(30) days of the date of receipt of a completed application and may:
a.
Grant the accommodation request,
or
b.
Deny the request, in accordance with
Federal law. Any such denial shall be in writing and shall state the
grounds therefor. All written determinations shall give notice of
the right to appeal and the right to request reasonable accommodation
in the appeals process. The notice of determination shall be sent
to the applicant by certified mail, return receipt requested, and
by regular mail.
2.
If reasonably necessary to reach
a determination on the request for reasonable accommodation, the director/designee
may, prior to the end of said thirty-day period, request additional
information from the applicant, specifying in detail what information
is required. The applicant shall have fifteen (15) days after the
date of the request for additional information to provide the requested
information. In the event a request for additional information is
made, the thirty-day period to issue a written determination shall
be stayed. The director shall issue a written determination within
thirty (30) days after receipt of the additional information. If the
applicant fails to provide the requested additional information within
said fifteen-day period, the director shall issue a written determination
within thirty (30) days after expiration of said fifteen-day period.
F.
Findings For Reasonable Accommodation.
The following findings, while not exhaustive of all considerations
and findings that may be relevant, must be made before any action
is taken to approve or deny a request for reasonable accommodation
and must be incorporated into the record relating to such approval
or denial:
1.
Whether the accommodation requested
may be necessary to afford one (1) or more persons with disabilities
equal opportunity to use and enjoy a specific dwelling;
2.
Whether the requested accommodation
would require a fundamental alteration to the City's zoning scheme;
and
3.
Whether the requested accommodation
would impose undue financial or administrative burdens on the City.
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A request for a reasonable accommodation
shall not be denied for reasons which violate the provisions of the
Acts. This Section does not obligate the City to grant any accommodation
request unless required by the provisions of the Acts or applicable
Missouri State law.
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G.
Appeals.
1.
Within thirty (30) days after the date the director/designee mails a written adverse determination, under Subsection (E) of this Section, to the applicant, the applicant requesting reasonable accommodation may appeal the adverse determination.
2.
All appeals shall contain a statement
of the grounds for the appeal.
3.
If an individual applicant needs
assistance in appealing a determination, the Department will provide
the assistance necessary to ensure that the appeal process is accessible
to the applicant. All applicants are entitled to be represented at
all stages of the appeal proceeding by a person designated by the
applicant.
4.
Appeals shall be to the Board of Adjustment who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than forty-five (45) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Subsection (F) of this Section and shall be consistent with the Acts.
5.
An applicant may request reasonable
accommodation in the procedure by which an appeal will be conducted.
H.
Fee. The City shall not impose any additional
fees or costs in connection with a request for reasonable accommodation
under the provisions of this Section or an appeal of a denial of such
request by the director/designee. Nothing in this Section obligates
the City to pay an applicant's attorney fees.
I.
Stay Of Enforcement. While an application
for reasonable accommodation or appeal of a denial of said application
is pending before the City, the City will not enforce the subject
zoning ordinance against the applicant.
J.
Recordkeeping. The City shall maintain
records of all oral and written requests submitted under the provisions
of this Section, and the City's responses thereto, as required by
State law.
