City of Neosho, MO
Newton County
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Table of Contents
Table of Contents
[CC 1979 §14-31; Ord. No. 977 §1, 12-6-1977; Ord. No. 94-34 §1, 12-20-1994; Ord. No. 56-2019, 10-15-2019]
The Neosho City Council 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, color, religion, sex, handicap, familial status, or national origin. This Chapter shall be deemed an exercise of the police powers of the City of Neosho for the protection of the public welfare, prosperity, health, and peace of the people of Neosho, Missouri.
[CC 1979 §14-32; Ord. No. 977 §2, 12-6-1977; Ord. No. 94-34 §2, 12-20-1994; Ord. No. 56-2019, 10-15-2019]
For the purpose of this Chapter the following terms, phrases, words and their derivations shall have the meanings given herein unless the context otherwise indicates:
AGE
Defined as that identified in the Age Discrimination in Employment Act of 1975.
AGGRIEVED PERSON
Shall include any person who is attempting to provide housing for himself and/or his family in the City of Neosho, Missouri.
CITIZENSHIP
Defined as that identified in the Immigration Reform and Control Act of 1986.
COLOR
Defined as that identified in the Civil Rights Act of 1964.
DISABILITY
Defined as that identified in the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990.
DISCRIMINATE
Distinctions in treatment because of race, color, religion, sex, handicap, familial status, or national origin of any person.
FAMILIAL STATUS
Defined as that identified in the Civil Rights Act of 1968.
GENETIC INFORMATION
Genetic Information Nondiscrimination Act of 2008.
NATIONAL ORIGIN
Defined as that identified in the Civil Rights Act of 1964.
PERSON
Includes any individual, firm, partnership or corporation.
PREGNANCY
Defined as that identified in the Pregnancy Discrimination Act of 1978.
RACE
Defined as that identified in the Civil Rights Act of 1964.
RELIGION
Defined as that identified in the Civil Rights Act of 1964.
SEX
Defined as that identified in the Civil Rights Act of 1964 and Equal Pay Act of 1963.
VETERAN STATUS
Defined as that identified in the Vietnam Era Veterans' Readjustment Assistance Act of 1974 and Uniformed Services Employment and Reemployment Rights Act of 1994.
[CC 1979 §14-33; Ord. No. 977 §3, 12-6-1977; Ord. No. 91-11 (14-33), 3-19-1991; Ord. No. 94-34 §3, 12-20-1994; Ord. No. 95-31 §1, 5-2-1995; Ord. No. 56-2019, 10-15-2019]
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 of rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, familial status, national origin, age, pregnancy, citizenship, veteran status or genetic information of any person.
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, disability, familial status, national origin, age, pregnancy, citizenship, veteran status or genetic information.
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 or because of race, color, religion, sex, disability, familial status, national origin, age, pregnancy, citizenship, veteran status or genetic information, or an intention to make any such preference, limitation, or discrimination.
4. 
Represent to any person because of race, sex, color, religion, or religious affiliation, handicap, familial status, or national origin of any person, 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 particular person or persons because of race, color, religion, sex, disability, familial status, national origin, age, pregnancy, citizenship, veteran status or genetic information.
6. 
Discriminate in the sale or rental of housing on the basis of a handicap of that buyer or renter, a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that buyer or renter. The design and construction of new multifamily dwellings containing four (4) or more units are required to meet certain adaptability and accessibility requirements in accordance with Section 804 of the 1988 Fair Housing Amendments Act, the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.
7. 
Discriminate in the sale or rental of housing on the basis of familial status or because a family has children, exempting certain types of buildings that house older persons (e.g., Section 202 housing) in accordance with Section 807 of the 1988 Fair Housing Amendments Act.
[CC 1979 §14-34; Ord. No. 977 §4, 12-6-1977; Ord. No. 94-34 §4, 12-20-1994; Ord. No. 56-2019, 10-15-2019]
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 therefor for the purpose of purchasing, constructing, repairing, or maintaining a dwelling, or to discriminate against any person in the fixing of the amount or conditions of such loan, because of the race, color, religion, sex, disability, familial status, national origin, age, pregnancy, citizenship, veteran status or genetic information of such person, or of any person therein associated in connection with such financing.
[CC 1979 §14-35; Ord. No. 977 §5, 12-6-1977; Ord. No. 56-2019, 10-15-2019]
A. 
The provisions of this Chapter, and particularly Section 225.030 herein, shall not apply to the following:
1. 
A rental or leasing of a dwelling unit in a building which contains housing accommodations for two (2) families living independently of each other, if the owner or members of his/her 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/her family reside therein.
3. 
Any single-family house sold or rented by an owner, provided that such house is sold or rented:
a. 
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
b. 
Any such private individual owner does not own any interest in, nor is there owned or reserved on his/her behalf, under any express or voluntary agreement, title 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.
[CC 1979 §14-36; Ord. No. 977 §6, 12-6-1977; Ord. No. 94-34 §5, 12-20-1994; Ord. No. 56-2019, 10-15-2019]
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 a 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 its 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 to prosecute in Municipal Court on said complaint shall be solely left to the City Attorney.
D. 
Nothing in this Chapter shall be construed in such a manner as to limit administrative enforcement mechanisms and recourse against alleged discriminatory housing practices through the U.S. Department of Housing and Urban Development, as specified under Section 810 of the Fair Housing Act, as amended effective March 12, 1999, or through the Missouri Commission on Human Rights, as specified in applicable State Statutes.
[CC 1979 §14-37; Ord. No. 977 §7, 12-6-1977; Ord. No. 94-34 §7, 12-20-1994; Ord. No. 95-31 §2, 5-2-1995; Ord. No. 56-2019, 10-15-2019]
A. 
Any person convicted in Municipal Court of a violation of this Chapter shall be punished by a fine of ( not more than) one hundred dollars ($100.00), or by confinement in the City jail for (not more than) ten (10) days, or both such fine and imprisonment.
B. 
The City Attorney, as an alternative to filing a complaint in the Municipal Court of said City, may, as a substitute remedy, seek to have the alleged discriminatory practices abated by and action for an injunction to be maintained in the appropriate Circuit Court of the State of Missouri.