The City Council of the City of St. John declares it to be public
policy of said City to eliminate discrimination and safeguard the
right of any person to sell, purchase, rent, or obtain real property
without regard to race, color, religion, national origin, ancestry,
sex, or handicap. This Article shall be an exercise of the police
powers of the City of St. John, for the protection of the public welfare,
prosperity, health, and peace of the people of said City.
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, familial status,
sexual orientation or gender identity;
[Ord. No. 1013 §1, 7-1-2013]
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, familial status, sexual
orientation or gender identity;
[Ord. No. 1013 §1, 7-1-2013]
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, familial status, sexual orientation or gender identity
or an intention to make any such preference, limitation, or discrimination;
[Ord. No. 1013 §1, 7-1-2013]
4.
To represent to any person because of race, color, religion, national
origin, ancestry, sex, handicap, familial status, sexual orientation
or gender identity, that any dwelling is not available for inspection,
sale, or rental when such dwelling is in fact so available;
[Ord. No. 1013 §1, 7-1-2013]
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, familial status, sexual
orientation or gender identity;
[Ord. No. 1013 §1, 7-1-2013]
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:
B.
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 Subparagraph (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.
H.
Nothing in Sections 220.090, 220.100 and 220.110 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 Section, Sections 220.100 and 220.110 regarding familial status apply with respect to housing for older persons.
I.
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.
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.
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 (4) families living independently
of each other, if the owner actually maintains and occupies one of
such living quarters as his or her residence.
[Ord. No. 1013 §1, 7-1-2013]
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 or other financial assistance because
of race, color, religion, national origin, ancestry, sex, handicap
familial status, sexual orientation or gender identity to a person
applying therefor for the purpose of purchasing, construction, improving,
repairing, or maintaining a dwelling, or to discriminate against him
in fixing of the amount, interest rate, duration or other terms or
conditions of such loan or other financial assistance, because of
the race, color, religion, national origin, ancestry, sex, handicap,
familial status, sexual orientation or gender identity of such person
or of any person associated with him in connection with such loan
or other financial assistance, or of the present or prospective owners,
lessees, tenants, or occupants, of the dwellings in relation to which
such loan or other financial assistance is to be made or given.
[Ord. No. 1013 §1, 7-1-2013]
It shall be unlawful to deny any person access to or membership
or participation in any multiple listing service, real estate brokers'
organization or other service organization, or facility relating to
the business of selling or renting dwellings, on account of race,
color, religion, national origin, ancestry, sex, handicap, familial
status, sexual orientation or gender identity.
