[R.O. 1996 § 265.010; Ord. No. 2115 § 1, 9-16-1991; Ord. No. 4707, 12-4-2017]
The City Council of the City of Blue Springs 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, gender, color, national origin, ancestry, religious affiliation, physical ability and without regard to family structure. This Chapter shall be deemed an exercise of the police powers of the City of Blue Springs, Missouri, for the protection of the public welfare, prosperity, health and peace of the people of Blue Springs, Missouri.
[R.O. 1996 § 265.020; Ord. No. 2115 § 2, 9-16-1991]
For the purpose of this Chapter the following terms, phrases, words and their derivations shall have the meaning given herein unless the context otherwise indicates:
- AGGRIEVED PERSON
- Any person who is attempting to secure housing for themselves and/or their family in the City of Blue Springs, Missouri.
- Any unfair treatment based on race, sex, color, religion, national origin, ancestry, handicap, or familial status as it relates to housing.
- Shall include any individual, firm, partnership or corporation.
[R.O. 1996 § 265.030; Ord. No. 2115 § 3, 9-16-1991; Ord. No. 4707, 12-4-2017]
It shall be a discriminatory practice and unlawful for any person 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 race, gender, color, religious affiliation, national origin, ancestry, physical ability or family structure of any person.
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, gender, color, religious affiliation, national origin, ancestry, physical ability or family structure.
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, gender, color, religious affiliation, national origin, ancestry, physical ability or family structure or an intention to make any such preference, limitation, or discrimination.
Represent to any person because of race, gender, color, religious affiliation, national origin, ancestry, physical ability or family structure that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
For profit, 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, gender, color, religious affiliation, national origin, ancestry, physical ability or family structure.
Discriminate in the sale or rental of housing because a family has children, except regarding certain types of buildings that are built for and house older persons, e.g., Section 202 Housing.
[R.O. 1996 § 265.040; Ord. No. 2115 § 4, 9-16-1991; Ord. No. 4707, 12-4-2017]
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 part in the making of commercial real estate loans, to deny a loan to a person applying therefor for the purpose of purchasing, constructing, repairing, or maintaining a dwelling, or to discriminate against them in the fixing of the amount or conditions of such loan, because of the race, gender, color, religious affiliation, national origin, ancestry, physical ability or family structure of such person or of any person associated with them in connection with such financing.
[R.O. 1996 § 265.050; Ord. No. 2115 § 5, 9-16-1991]
The provisions of this Chapter, and particularly Section 265.030 hereof, shall not apply to the following:
A rental or leasing of a dwelling unit in a building which contains housing accommodations for not more that two (2) families living independently of each other, if the owner or members of their family reside in such dwelling unit.
A rental or leasing to less than five (5) persons living in a dwelling unit by the owner if the owner or members of their 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 sale 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 advertisements in violation of Section 265.030(A)(3) of this Chapter; provided, however, that:
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; and
That any such private individual owner does not own any interest in, nor is there owned or reserved on their 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 time.
For the purposes of Subsection (A)(3) of this Section, a person shall be in the business of selling or renting a dwelling if:
They have, within the proceeding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein;
They have, within the preceding twelve (12) months, participated as agent, other than in the sale of their 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
They are the owner of any dwelling designed or intended for occupancy, by or occupied by five (5) or more families.
[R.O. 1996 § 265.060; Ord. No. 2115 § 6, 9-16-1991]
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 City Council.
Every complaint of a violation of this Chapter shall be referred to the Fair Housing Committee. The Fair Housing 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 Fair Housing Committee, after investigation, finds there is no merit to the complaint, the same shall be dismissed. If the Fair Housing Committee finds that there is merit in the complaint, in their opinion, then and in that event, the Fair Housing Committee will 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 and in that event, the Fair Housing Committee 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.
[R.O. 1996 § 265.070; Ord. No. 2115 § 7, 9-16-1991]
Any person convicted of a violation of this Chapter shall be punished by a fine of not more than two hundred dollars ($200.00) or by confinement in the City Jail for not more than thirty (30) days, or both such fine and imprisonment.
The City Attorney, instead of filing a complaint in Municipal Court of said City, may, as an alternative remedy, seek to have the alleged discriminatory practices abated by an action for an injunction to be maintained in the appropriate Circuit Court of the State of Missouri.