[Ord. No. 79-105 §1, 12-19-1979]
For the purpose of this Article, the following terms shall have
the respective meaning ascribed to them:
The City of Bridgeton Fair Housing Practices Commission established
by this Article.
An act that is unlawful under the provisions of this Article.
A building or portion thereof, including a house trailer
or mobile home, designed or used exclusively for residential occupancy,
including one-family, two-family and multiple-family units as well
as lodging or rooming houses but not including hotels or motels.
Includes one (1) or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint stock companies, unincorporated organizations, trusts, trustees,
trustees in bankruptcy, receivers and fiduciaries.
Includes to lease, to sublease, to let, and otherwise to
grant, for a consideration, the right to occupy premises not owned
by the occupant.
[Ord. No. 79-105 §2, 12-19-1979]
A.
Except as exempted by Section 265.040, it shall be unlawful for any 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, to deny or otherwise
make unavailable, a dwelling to any person because of race, color,
religion, national origin, ancestry, sex or handicap. If other bona
fide offers to rent or buy have been made, the owner, lessor or his
agent may accept such offers without violating Chapter 213, RSMo.
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 or handicap.
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 or handicap, 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 or handicap 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 representation regarding the entry or prospective entry into the
neighborhood of a person or persons of a particular race, color, religion,
national origin, ancestry, sex or handicap.
[Ord. No. 79-105 §3, 12-19-1979]
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 race, color, national origin, ancestry, sex
or handicap.
[Ord. No. 79-105 §4, 12-19-1979]
It shall be unlawful for any bank, savings and loan association,
insurance company or other corporation, association, firm or enterprise
whose business consists in whole or part in the making of commercial
real estate loans to deny a loan or other financial assistance to
a person applying therefor, for the purpose of purchasing, constructing,
improving, repairing or maintaining a dwelling, or to 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 the race, color, religion, national origin, ancestry, sex
or handicap of such person, or of any person associated with him in
connection with such loan or other financial assistance, or the purposes
of such loan or other financial assistance, or of the present or prospective
owners, lessees, tenants or occupants of the dwelling in relation
to which such loan or other financial assistance is to be made or
given.
[Ord. No. 79-105 §5, 12-19-1979]
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 race, color, religion,
national origin, ancestry, sex or handicap.
[Ord. No. 79-105 §6, 12-19-1979]
There is hereby established a commission of five (5) members to be known as the Fair Housing Practices Commission and to be established and appointed in accordance with the provisions of Article VI, Section 6.00 of the City Charter.
The authority and responsibility for administering this Article
shall be in the Commission. The Commission shall administer this Article
in a manner affirmatively to further the policies of this Article
and to prevent or eliminate discriminatory housing practices. The
Commission shall co-operate with and render technical assistance through
Federal, State and other public or private agencies, organizations
and institutions which are formulating or carrying out programs to
prevent or eliminate discriminatory housing practices.
[Ord. No. 79-105 §7, 12-19-1979]
A.
Any
person who claims to have been injured by a discriminatory housing
practice, or who believes that he will be injured by such a practice
that is about to occur, may, before or within ninety (90) days after
the alleged discriminatory housing practice occurs, file a complaint
with the Commission. Complaints shall be in writing in such form as
the Commission requires, and shall state the facts upon which the
allegation of a discriminatory housing practice are based. Complaints
may be reasonably and fairly amended at any time. The Commission,
at any time it has reason to believe that any person has been engaged
in a discriminatory housing practice, may issue a complaint.
B.
Upon
receipt of a complaint or amendment thereof, a copy shall be furnished
to the person or persons who allegedly committed or are about to commit
a discriminatory housing practice. Such person or persons may file
with the Commission, within thirty (30) days, a written answer to
the complaint; and such response may be reasonably and fairly amended
at any time. A copy of the response and any amendments thereto shall,
upon receipt, be furnished to the complainant. Within sixty (60) days
after receipt of a complaint, it shall be investigated; and the Commission
shall determine if cause exists for the allegations made in the complaint.
The Commission may request the assistance of the City Attorney in
its investigation. The complaint shall be dismissed if the Commission
finds no cause.
C.
If
the Commission finds cause for the complaint, it shall attempt to
eliminate or correct the alleged discriminatory housing practice by
informal methods of conference, conciliation and persuasion. If such
informal methods fail, the Commission shall promptly set a date for
hearing of the complaint and subsequent occurring related matters,
giving at least five (5) days' prior written notice to all persons
involved.
D.
The
hearing shall be conducted in a fair and impartial manner according
to rules adopted by the Commission. The complainant as well as the
respondent may appear with legal counsel and shall have the right
to present evidence and to cross-examine witnesses in all matters
relating to the complaint and subsequent related occurrences. The
Commission may request the assistance of the City Attorney in the
conducting of the hearing.
E.
Within
twenty (20) days after conclusion of the hearing, the Commission shall
issue its finding of facts and determine and shall issue either an
order to cease and desist the discriminatory housing practice, an
order dismissing the complaint, or other appropriate order. A copy
of the order issued shall be served upon the complainant and respondent.
An order to cease and desist a discriminatory housing practice shall
be issued only upon the finding by a majority of the total members
of the Commission that a respondent had engaged in or is about to
engage in a discriminatory housing practice. A copy of the findings
of fact and determination shall be furnished to all persons involved
in the matter as well as to the City Council.
[Ord. No. 79-105 §8, 12-19-1979]
The Commission shall certify the entire case to the City Attorney
for appropriate action in cases of non-compliance with its order to
cease and desist or other appropriate order.
[Ord. No. 79-105 §9, 12-19-1979]
Any person violating any of the provisions of this Article shall,
upon conviction, be punished for each such violation by a fine of
not less than fifty dollars ($50.00).
