[Ord. No. 1251 §1, 10-1-1991]
The Board of Aldermen of the City of Parkville, Missouri, hereby 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 or ancestry. This Chapter shall be deemed an exercise of the police powers of the City of Parkville, Missouri, for the protection of the public welfare, prosperity, health and peace of the people of Parkville.
[Ord. No. 1251 §2, 10-1-1991]
For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein unless the context indicates otherwise.
- AGGRIEVED PERSON
- Any person who is attempting to provide housing for himself and/or his family in the City of Parkville, Missouri, and who encounters or perceives a violation of this Chapter in such attempt.
- The Fair Housing Committee.
- To attempt and/or effect any distinction in treatment of race, sex, color, religion or national origin of any person.
- Any individual, firm, partnership or corporation.
[Ord. No. 1251 §3, 10-1-1991]
It shall be a discriminatory practice and a violation of this Chapter for any person to:
Refuse to sell or rent after the making of a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, sex, color, religion or national origin of any person.
Discriminate against any person in the terms, conditions or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, sex, color, religion or national origin.
Make, print 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, sex, color, religion or national origin, or an intention to make any such preference, limitation or discrimination.
Represent to any person that because of race, sex, color, religion or national origin any dwelling is not available for inspection, sale or rental when such dwelling is in fact available.
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 race, sex, color, religion or national origin.
Discriminate in the sale or rental of housing on the basis of a handicap.
Design and/or construct any new multi-family dwelling with four (4) or more units which fails to meet adaptability and accessibility requirements as set forth in federal regulations.
Discriminate in the sale or rental of housing because a family has children, unless such housing is covered by Section 202 of "Housing for Older Persons."
[Ord. No. 1251 §4, 10-1-1991]
It shall be unlawful for any institution (bank, building and loan association, insurance company, 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 to discriminate in the fixing of the amount or conditions of such loan because of the race, sex, color, religion or national origin of the person applying therefor for the purpose of purchasing, constructing, repairing or maintaining a dwelling, or because of the race, sex, color, religion or national origin of any person associated with him in connection with such financing.
[Ord. No. 1251 §5, 10-1-1991]
The provisions of this Chapter, and particularly Section 235.030 hereof, shall not apply to the following:
A rental or lease of a dwelling unit in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner or members of his family reside in such dwelling unit.
A rental or lease to less than five (5) persons living in a dwelling unit by the owner if the owner or members of his family reside therein.
Any single-family house sold or rented by an owner provided that such house is sold or rented:
Without the use of sales or rental facilities or services of real estate brokers, agents, salesmen or persons in the business of selling or renting dwellings, and
Without the publication, posting or mailing of any advertisement in violation of Section 235.030(3) of this Chapter,
provided that any such private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three (3) such single-family houses at any one (1) time.
For the purposes of this Section, a person shall be in the business of selling or renting dwellings if:
He has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein, or
He has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein, or
He is the owner of any dwelling designed or intended for occupancy by or occupied by five (5) or more families.
Nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.
[Ord. No. 1251 §6, 10-1-1991; Ord. No. 1312 §1, 7-21-1992]
There is hereby created a Fair Housing Committee whose membership shall consist of five (5) members, who shall be appointed by the Mayor of the City with the approval of the Board of Aldermen. Members appointed to serve beginning August 1, 1992, shall serve as follows: One shall serve one (1) year, one shall serve two (2) years, one shall serve three (3) years, one shall serve four (4) years, and one shall serve five (5) years. Subsequently, members shall be appointed for terms of five (5) years.
Every complaint of a violation of this Chapter shall be referred to the Fair Housing Committee. The Committee shall forthwith notify the person against whom the complaint is made. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time. If the Committee, after investigation, finds there is no merit to the complaint, the same shall be dismissed. If the Committee finds there is merit in the complaint it shall endeavor to eliminate the alleged discriminatory practice by conference and conciliation.
If the Fair Housing Committee is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then it shall forward said complaint to the City Attorney for handling. The final determination of whether or not to prosecute on said complaint shall be left to the City Attorney.
[Ord. No. 1251 §7, 10-1-1991]
Any person convicted of a violation of this Chapter shall be punished by fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.
The City Attorney, instead of filing a complaint in the Municipal Court, may as an alternative remedy seek to have the alleged discriminatory practices abated by an injunction to be maintained in the appropriate Circuit Court of the State of Missouri.