[Ord. No. 94-26 § 1, 11-22-1994]
The City Council of the City of Lexington hereby declares it
to be the public policy of the City to eliminate discrimination and
safeguard the right of any person to see, purchase, lease, rent, or
obtain real property without regard to race, sex, color, national
origin, ancestry, religion, religious affiliation, handicap, and without
regard to whether a family has children. This Chapter shall be deemed
an exercise of the Police powers of the City of Lexington, Missouri,
for the protection of the public welfare, prosperity, health, and
peace of the people of Lexington, Missouri.
[Ord. No. 94-26 § 2, 11-22-1994; Ord. No. 98-23 § 1, 7-14-1998]
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:
Shall include any person who is attempting to provide housing
for himself and/or his family in the City of Lexington, Missouri.
Distinctions in treatment because of race, sex, color, national
origin, ancestry, religion, religious affiliation, handicap, and without
regard to whether a family has children.
Shall include any individual, firm, partnership, or corporation.
[Ord. No. 94-26 § 3, 11-22-1994; Ord. No. 98-23 § 2, 7-14-1998]
It shall be a discriminatory practice and a violation of this
Chapter for any person to:
1.
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, sex,
color, national origin, ancestry, religion, religious affiliation,
handicap, and without regard to whether a family has children.
2.
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, sex, color, national
origin, ancestry, religion, religious affiliation, and without regard
to whether a family has children.
3.
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, sex, color, national origin, ancestry,
religion, religious affiliation, and without regard to whether a family
has children, or an intention to make any such preference, limitation,
or discrimination.
4.
Represent to any person because of race, sex, color, national origin,
ancestry, religion, religious affiliation, and without regard to whether
a family has children, 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
race, sex, color, national origin, ancestry, religion, religious affiliation,
and without regard to whether a family has children.
6.
Bars discrimination in the sale or rental of housing on the basis
of a handicap, and requires the design and construction of new multi-family
dwellings with four (4) or more units to meet certain adaptability
and accessibility requirements.
7.
Bars discrimination in the sale or rental of housing because a person
has children, but exempts certain types of buildings that house older
persons, e.g. Section 202 housing.
[Ord. No. 94-26 § 4, 11-22-1994]
A.
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.
B.
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 not 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.
C.
If the Fair Housing Committee is unable to eliminate the alleged
discriminatory practice by 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.
[Ord. No. 94-26 § 5, 11-22-1994]
A.
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 by both such
fine and imprisonment.
B.
The City Attorney, instead of filing a complaint in Municipal Court
of the 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.
