[Ord. No. 168 §1]
The Board of Aldermen of the City of Herculaneum 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 power of the City of Herculaneum, Missouri, for the
protection of the public welfare, prosperity, health and peace of
the people of Herculaneum, Missouri.
[Ord. No. 168 §2]
For the purpose of this Chapter the following terms, phrases,
words and their derivation shall have the meaning given herein unless
the context otherwise indicates.
shall mean any individual, firm, partnership, corporation
or unincorporated association.
shall include any person who is attempting to obtain housing
for himself and or his family in the City of Herculaneum, Missouri.
shall mean distinctions in treatment because of race, sex,
color, religion or national origin of any person.
[Ord. No. 168 §3]
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 make unavailable
or deny, a dwelling to any person because of race, sex, color, religion
or national origin.
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, religion 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 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.
4.
Represent
to any person because of race, sex, color, religion, or national origin
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 or a person or persons of a particular
race, sex, color, religion or national origin.
[Ord. No. 168 §4]
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 in part in the making of commercial
real estate loans, to deny a loan to a person applying therefore for
the purpose of purchasing, constructing, repairing, or maintaining
a dwelling, or to discriminate against him in a fixing of the amount
or conditions of such loan, because of the race, sex, color, religion,
or national origin of such person or of any person associated with
him in connection with such financing.
[Ord. No. 168 §5]
A.
The provisions of this Chapter, and particularly Section 245.030 hereof, shall not apply to the following:
1.
A rental
or leasing 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.
2.
A rental
or leasing to less than five (5) persons living in a dwelling unit
by the owner if the owner or members of his family reside therein.
3.
Any
single family house sold or rented by an owner provided that such
house is sold or rented:
a.
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
b.
Without the publication, posting or mailing of any advertisement in violation of Section 245.030 (3) of this Chapter, provided however, that:
(1)
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
(2)
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 time.
4.
For
the purposes of this Subsection, a person shall be in the business
of selling or renting dwellings if:
a.
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
b.
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
c.
He
is the owner of any dwelling designed or intended for occupancy, by
or occupied by five (5) or more families.
[Ord. No. 168 §6]
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 of Herculaneum with the advise of and consent of the majority
of the Board of Aldermen. The members of said Fair Housing Committee
shall be citizens of the United States and the State of Missouri,
resident of the City of Herculaneum, Missouri, and shall be qualified
voters of the City. Each member of said committee shall be appointed
for a term of five (5) years, with the exception of the first Fair
Housing Committee, whose membership shall be appointed with one member
serving a term of one year, one member serving a term of two years,
one member serving a term of three years, one member serving a term
of four years and one member serving a term of five years.
[Ord. No. 168 §7]
Any aggrieved person shall as a condition precedent to any prosecution
for a violation of the provisions hereof file with the City Clerk
a written statement wherein and how the person accused has violated
this Chapter. The Fair Housing Committee shall forthwith notify the
person against whom such complaint is made of the nature of the complaint.
The Fair Housing Committee shall thereafter investigate the allegations
in said complaint. If the investigation of the Fair Housing Committee
shows no violation of this Chapter, the complaint shall be dismissed.
If the complaint is found to have merit, the Fair Housing Committee
shall so inform all parties as well as the City Attorney of its findings
and attempt to eliminate said practice by conciliation. Should the
Fair Housing Committee find that it is unable to eliminate said practice
by means of conciliation, it shall refer such fact to the City Attorney.
[Ord. No. 168 §8]
Any person convicted of a violation of this Chapter shall be
punished by a fine of not more than five hundred dollars ($500.00).
The City Attorney may, as an alternative remedy, seek to have the
alleged discriminatory practice abated by an action for injunction
to be maintained in the appropriate Circuit Court of the State of
Missouri.
