[Ord. No. 1051 §1, 12-21-1989]
The Board of Aldermen of the City of Hermann hereby declares it to be the public policy of the City to eliminate unlawful discrimination in housing and safeguard the right of any person to sell, purchase, lease, rent or obtain real property without regard to race, sex, religious affiliation, handicap, color, religion, national origin or ancestry. This Chapter shall be deemed an exercise of the police powers of the City of Hermann for the protection of the public welfare, prosperity, health and peace of the people of Hermann.
[Ord. No. 1051, §2, 12-21-1989]
A. 
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 within the City of Hermann who:
1. 
Claims to have been injured by a discriminatory housing practice, or
2. 
Believes that such person will be injured by a discriminatory housing practice that is about to occur.
COMPLAINANT
The person who files a complaint pursuant to this Chapter.
CONCILIATION
The attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Fair Housing Committee.
CONCILIATION AGREEMENT
A written agreement setting forth the resolution of the issues in conciliation.
DISCRIMINATORY HOUSING PRACTICE
An act that is unlawful under Sections 225.030, 225.040, or 225.050 of this Chapter or under 42 U.S.C. Sections 3604, 3605, 3606, or 3618.
DWELLING
Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one (1) 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.
FAMILIAL STATUS
One (1) or more individuals (who have not yet attained the age of eighteen (18) years) being domiciled with:
1. 
A parent or another person having legal custody of such individual or individuals, or
2. 
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 on the basis 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.
FAMILY
Includes a single individual.
HANDICAP
With respect to a person:
1. 
A physical or mental impairment which substantially limits one (1) or more of such person's major life activities,
2. 
A record of having such an impairment, or
3. 
Being regarded as having such an impairment.
But such term does not include current, illegal use of or addiction to a controlled substance (as defined in 21 U.S.C. Section 802 or in Chapter 195, RSMo.)
PERSON
One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries.
RESPONDENT
The person or other entity accused in a complaint of an unfair housing practice.
[Ord. No. 1051 §3, 12-21-1989]
A. 
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 to make unavailable or deny, a dwelling to any person because of race, color, religion, national origin, ancestry, sex, religious affiliation 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. 
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, sex, religious affiliation, familial status, or national origin.
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 a preference, limitation, or discrimination based on race, color, religion, sex, religious affiliation, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
4. 
Represent to any person because of race, color, religion, sex, religious affiliation, handicap, familial status, or national origin 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 of a particular race, color, religion, sex, religious affiliation, handicap, familial status, or national origin.
6. 
a. 
Discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:
1) 
That buyer or renter,
2) 
A person residing in or intending to reside in that dwelling after it is so sold, rented or made available, or
3) 
Any person associated with that buyer or renter.
b. 
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 with such dwelling, because of a handicap of:
1) 
That person, or
2) 
A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available, or
3) 
Any person associated with that person.
c. 
For purposes of this Subsection (6), discrimination includes:
1) 
A refusal to permit, at the expense of the handicapped person, 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 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 multi-family dwellings for first occupancy after the date that is thirty (30) months after the date of enactment of the Fair Housing Amendments Act of 1988 (enacted September 13, 1988), 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 handicapped persons,
b) 
All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs, and
c) 
All premises within such dwellings contain the following features of adaptive design:
i. 
An accessible route into and through the dwelling,
ii. 
Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations,
iii. 
Reinforcements in bathroom walls to allow later installation of grab bars, and
iv. 
Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
d) 
Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of Subsection 6 c, 3), c), of this Section.
e) 
As used in this Subsection (6), the term "covered multi-family dwellings" means:
i. 
Buildings consisting of four (4) or more units if such buildings have one (1) or more elevators, and
ii. 
Ground floor units in other buildings consisting of four (4) or more units.
f) 
Nothing in this Subsection (6) 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.
[Ord. No. 1051 §4, 12-21-1989]
A. 
It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, religious affiliation, handicap, familial status, or national origin.
B. 
As used in this Section 225.040, the term "residential real estate — related transaction" means any of the following:
1. 
The making or purchasing of loans or providing other financial assistance:
a. 
For purchasing, constructing, improving, repairing, or maintaining a dwelling, or
b. 
Secured by residential real estate; or
2. 
The selling, brokering, or appraising of residential real property.
C. 
Nothing in this Chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, religious affiliation, handicap, or familial status.
[Ord. No. 1051 §5, 12-21-1989]
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, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, religious affiliation, handicap, familial status, or national origin.
[Ord. No. 1051 §6, 12-21-1989]
A. 
The provisions of Section 225.030 of this Chapter, other than Subsection (3) thereof, shall not apply to the following:
1. 
Any single-family house sold or rented by an owner; provided that such private individual owner does not own more than three (3) such single-family houses at any one (1) time; and provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale the exemption granted by this Subsection shall apply only with respect to one (1) such sale within any twenty-four (24) month period; and provided further, that such bona fide 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; and provided further, that the sale or rental of any such single-family house shall be excepted from the application of this Chapter only if such house is sold or rented:
a. 
Without the use in any manner of sales or rental facilities or rental services of any real estate broker, agent, or salesman or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person, and
b. 
Without the publication, posting or mailing, after notice, of any advertisement in violation of Section 225.030, Subsection (3), of this Chapter; but nothing in this Subsection shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title.
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 residence.
B. 
For the purpose of Subsection (A) of this Section 225.060, a person shall be deemed to be in the business of selling or renting dwellings if:
1. 
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
2. 
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
3. 
He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.
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 lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. Nor shall anything in this Chapter regarding familial status apply with respect to housing for older persons, as defined and as provided in 42 U.S.C. Section 3607 (b).
[Ord. No. 1051 §7, 12-21-1989]
A. 
There is hereby created a Fair Housing Committee, whose membership shall consist of five (5) residents of the City of Hermann who shall be appointed by the Mayor with the approval of the Board of Aldermen.
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 of the nature of the complaint and the identity of the aggrieved person. 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, the Committee will endeavor to eliminate the alleged discriminatory practice by conference and conciliation with the parties.
C. 
If the Fair Housing Committee is unable to eliminate the alleged discriminatory practice by conference and conciliation, then the Committee shall forward said complaint to the City Attorney. The final determination of whether or not to prosecute on said complaint shall be by the City Attorney.
[Ord. No. 1051 §8, 12-21-1989]
A. 
Any person who violates any provision of this Chapter shall be guilty of a misdemeanor.
B. 
The City Attorney, as an alternative remedy to filing a complaint in the Municipal Division of the Circuit Court, may seek to have the alleged discriminatory practices abated by commencing an action for an injunction in the Circuit Court of Gasconade County, Missouri.
[Ord. No. 1051 §11, 12-21-1989]
This Chapter shall be interpreted and its various provisions applied consistent with the legislative intent of and judicial interpretations applicable to the Fair Housing Act of 1968 and the Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3601, et seq.