[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:
Defined as that identified in the Age Discrimination in Employment
Act of 1975.
Shall include any person who is attempting to provide housing
for himself and/or his family in the City of Neosho, Missouri.
Defined as that identified in the Immigration Reform and
Control Act of 1986.
Defined as that identified in the Civil Rights Act of 1964.
Defined as that identified in the Rehabilitation Act of 1973
and Americans with Disabilities Act of 1990.
Distinctions in treatment because of race, color, religion,
sex, handicap, familial status, or national origin of any person.
Defined as that identified in the Civil Rights Act of 1968.
Genetic Information Nondiscrimination Act of 2008.
Defined as that identified in the Civil Rights Act of 1964.
Includes any individual, firm, partnership or corporation.
Defined as that identified in the Pregnancy Discrimination
Act of 1978.
Defined as that identified in the Civil Rights Act of 1964.
Defined as that identified in the Civil Rights Act of 1964.
Defined as that identified in the Civil Rights Act of 1964
and Equal Pay Act of 1963.
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.Â
It
shall be a discriminatory practice and a violation of this Chapter
for any person to:
1.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
The provisions of this Chapter, and particularly Section 225.030 herein, shall not apply to the following:
1.Â
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.Â
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.Â
Any single-family house sold or rented by an owner, provided that
such house is sold or rented:
a.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
