City of Berkeley, MO Article III Miscellaneous Provisions

Section 245.110 Regulating the Activities of Real Estate Brokers.

[CC 1961 §39.35; Ord. No. 2744 §1, 8-5-1985]

A. For the purpose of this Section, the term "doing business within the City of Berkeley" shall include the selling, offering for sale, rental, offering for rental, purchase, offer to purchase, exchange, offer to exchange and solicitation of listings for the sale of residential real estate of others, which real estate is located within Berkeley, for compensation or valuable consideration.

B. Within sixty (60) days after the effective date of this Section, each real estate broker doing business within the City of Berkeley shall:

1. Include a statement of non-discrimination on all of its listing contracts used or available for use in connection with real estate located in Berkeley.

2. Prominently post a fair housing notice at each of its offices at which it transacts any business in connection with real estate located in Berkeley.

3. Indicate its fair housing policy on all of its brochures and pamphlets which are used or are available for use in connection with real estate located in Berkeley.

4. Develop and implement non-discriminatory objective written procedures and standards to insure that all persons inquiring about available property and houses for sale or rent are made aware of all known listings available in the desired price range and type of home, regardless of their location, and that each prospective customer shall, regardless of sex, race, color, religion or national origin have the same opportunity to use the real estate broker's services and facilities to purchase or rent any listed dwelling. Nothing in this paragraph shall prohibit a real estate broker from attempting to sell its own listings prior to revealing information concerning the listing of other brokers, provided this is done without regard to sex, race, color, religion or national origin of the prospective purchasers. A copy of such written procedures and standards shall be filed with the City of Berkeley.

5. Instruct all of its employees, salesmen and agents as to its non-discriminatory policies and practices and as to the written procedures and standards referred to in Subsection (D). Each employee, salesman and agent of such broker shall sign and file with the broker a statement indicating that the employee, salesman and agent has been apprised of the real estate broker's non-discriminatory policies and practices and the written statement, as herein provided, to maintain same and make available for inspection by officials of the City of Berkeley upon reasonable notice.

6. Maintain on a current basis records showing:

a. The name and address (unless the person does not give his/her name or address when asked), and date of inquiry of each person inquiring in person at any of the real estate broker's offices about property or houses for sale or rent within the City of Berkeley and the name of the broker's employee or representative handling such inquiry;

b. The name and address (unless the person does not give such information when asked), and date shown as to each person shown any residential property in Berkeley by the broker or any of the broker's agents or employees and the name of such agent or employee;

c. The address of any house in Berkeley that is sold by or listed with the real estate broker, the name of the person procuring the sale or listing, the date of sale or listing, and the name, race and address of the buyer and seller.

Said records shall be preserved for a period of three (3) years and the broker shall make same available to the officials of the City of Berkeley for inspection and copying at any reasonable time and upon reasonable notice.

C. The requirements of this Section shall be immediately applicable to any broker who shall, following the adoption of this Section, do business within the City of Berkeley, as such term is herein defined.

D. Discrimination is hereinafter defined as:

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, or otherwise make unavailable or deny a dwelling to any person because of race, sex, color, religion, or national origin.

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, sex, color, religion, or national origin.

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, sex, color, religion, or national origin, or an intention to make any such preference, limitation, or discrimination.

4. To represent to any person because of race, sex, 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 of a person or persons of a particular race, sex, color, religion or national origin.