[CC 1976 §18½-16; Ord. No. 1434 §2, 3-19-1985]
There is hereby created a Commission on Human Rights, whose
duty it will be to receive and investigate written complaints charging
discrimination, seek conciliation of such complaints, hold hearings,
make findings of fact and issue recommendations to the Board of Aldermen
for review and findings of fact and recommendations including the
decision to prosecute or to instruct the City Attorney to file a civil
suit to enjoin the violation or to take other appropriate action.
[CC 1976 §18½-17; Ord. No. 1434 §3, 3-19-1985]
The Commission on Human Rights shall consist of the Mayor and
all members of the Board of Aldermen. The Mayor shall serve as Chairman
of the Commission.
[RSMo. §213.040; Ord. No. 1801 §1, 12-6-1994; Ord. No. 2061 §1, 9-15-1998]
A.
It
shall be an unlawful housing practice:
1.
To refuse to sell or rent after the making of a bona fide offer,
to refuse to negotiate for the sale or rental of, to deny or otherwise
make unavailable, a dwelling to any person because of race, color,
religion, national origin, ancestry, sex, handicap, or familial status;
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, color, religion,
national origin, ancestry, sex, handicap, or familial status;
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, color, religion, national origin, ancestry,
sex, handicap, or familial status, or an intention to make any such
preference, limitation, or discrimination;
4.
To represent to any person because of race, color, religion, national
origin, ancestry, sex, handicap, or familial status 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,
national origin, ancestry, sex, handicap, or familial status;
6.
To 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:
7.
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 with such dwelling, because of a handicap
of:
8.
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 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 any person in the fixing of
the amount or conditions of such loan, because of the race, color,
religion, sex, handicap, familial status or national origin of such
person or of any person therein associated in connection with such
financing.
B.
For
purposes of this Chapter, 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's 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 March 13, 1991, 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:
1)
An accessible route into and through the dwelling;
2)
Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
3)
Reinforcements in bathroom walls to allow later installation of grab
bars; and
4)
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 Paragraph (a) of Subdivision (3) of Subsection (B) of this Section.
E.
Where a unit of general local government has incorporated into its laws the requirements set forth in Subdivision (3) of Subsection (B) of this Section, compliance with such laws shall be deemed to satisfy the requirements of that Subdivision. Such compliance shall be subject to the following provisions:
1.
A unit of general local government may review and approve newly constructed covered multi-family dwellings for the purpose of making determinations as to whether the design and construction requirements of Subdivision (3) of Subsection (B) of this Section are met;
2.
The commission shall encourage, but may not require, the units of local government to include in their existing procedures for the review and approval of newly constructed covered multi-family dwellings, determinations as to whether the design and construction of such dwellings are consistent with Subdivision (3) of Subsection (B) of this Section, and shall provide technical assistance to units of local government and other persons to implement the requirements of Subdivision (3) of Subsection (B) of this Section;
3.
Nothing in this Chapter shall be construed to require the commission to review or approve the plans, designs or construction of all covered dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of Subdivision (3) of Subsection (B) of this Section.
F.
Nothing
in this Chapter shall be construed to invalidate or limit any law
of the State or political subdivision of the State, or other jurisdiction
in which this Chapter shall be effective, that requires dwellings
to be designed and constructed in a manner that affords handicapped
persons greater access than is required by this Chapter.
G.
Nothing
in this Chapter 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.
H.
Nothing
in this Chapter limits the applicability of any reasonable local or
State restriction regarding the maximum number of occupants permitted
to occupy a dwelling, nor does any provision in this Chapter regarding
familial status apply with respect to housing for older persons.
I.
As
used in this Chapter, "housing for older persons" means housing:
1.
Provided under any State or federal program that the Commission determines
is specifically designed and operated to assist elderly persons, as
defined in the state or federal program;
2.
Intended for, and solely occupied by, persons sixty-two (62) years
of age or older; or
3.
Intended and operated for occupancy by at least one person fifty-five
(55) years of age or older per unit. In determining whether housing
qualifies as housing for older persons under this Subsection, the
Commission shall develop regulations which require at least the following
factors:
a.
The existence of significant facilities and services specifically
designed to meet the physical or social needs of older persons, or
if the provision of such facilities and services is not practicable,
that such housing is necessary to provide important housing opportunities
for older persons; and
b.
That at least eighty percent (80%) of the units are occupied by at
least one person fifty-five (55) years of age or older per unit; and
c.
The publication of, and adherence to, policies and procedures which
demonstrate an intent by the owner or manager to provide housing for
persons fifty-five (55) years of age or older.
K.
Nothing
in this Chapter shall prohibit conduct against a person because such
person has been convicted by any court of competent jurisdiction of
the illegal manufacture or distribution of a controlled substance,
as defined by Section 195.010, RSMo.
L.
Nothing
in this Chapter shall prohibit a religious organization, association,
or society, or any nonprofit 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 lodging
which it owns or operates for other than a commercial purpose, from
limiting the rental or occupancy of such lodging to its members or
from giving preference to its members.
M.
Nothing in this Chapter, other than the prohibitions against discriminatory advertising in Subdivision (3) of Subsection (A) of this Section, shall apply to:
1.
The sale or rental of any single-family house by a private individual
owner, provided the following conditions are met:
a.
The private individual owner does not own or have any interest in
more than three (3) single-family houses at any one time; and
b.
The house is sold or rented without the use of a real estate broker,
agent or salesperson or the facilities of any person in the business
of selling or renting dwellings and without publication, posting or
mailing of any advertisement. If the owner selling the house does
not reside in it at the time of the sale or was not the most recent
resident of the house prior to such sale, the exemption in this Section
applies to only one such sale in any twenty-four-month period; or
2.
Rooms or units in dwellings containing living quarters occupied or
intended to be occupied by no more than four families living independently
of each other, if the owner actually maintains and occupies one of
such living quarters as his or her residence.
[CC 1976 §18½-22; Ord. No. 1434 §4, 3-19-1985]
Any person who claims to have been injured by a discriminatory
housing practice may file a complaint with the Human Rights Commission.
The complaint shall be filed within one hundred eighty (180) days
after the alleged discriminatory housing practice occurred. For purposes
of this Section, all days of violation with respect to one (1) dwelling
shall be taken to mean one (1) occurrence. Complaints shall be in
writing and shall state the facts upon which the allegations of the
discriminatory housing practice are based. Upon receipt of such complaint,
a copy shall be furnished to the person or persons who allegedly committed
the alleged discriminatory housing practice.
[CC 1976 §18½-23; Ord. No. 1434 §5, 3-19-1985]
Any person, firm or corporation violating any of the provisions
of this Chapter shall be punished by a fine not to exceed five hundred
dollars ($500.00) or by imprisonment not to exceed ninety (90) days,
or by both fine and imprisonment. Each day a violation exists shall
be considered a separate offense.
