[Ord. No. 241 §1, 11-23-1999]
This Chapter shall be known and may be cited as the "Fair Housing Ordinance of the City of Green Park, Missouri".
[Ord. No. 241 §2, 11-23-1999]
It is hereby declared to be the policy of the City and the purpose of this Chapter, in the exercise of its Police and regulatory powers for the protection of the public safety, for the health, morals, safety and welfare of the persons in and residing in the City, and for the maintenance and promotion of commerce, industry, and good government in the City, and to promote and protect fair housing opportunities throughout the City and to acknowledge the value of diversity within our community, to secure to all persons living and/or working, or desiring to live and/or work in the City of Green Park, an equal opportunity to view, purchase, lease, rent or occupy real estate without discrimination based on race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin.
[Ord. No. 241 §3, 11-23-1999]
If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
[Ord. No. 241 §4, 11-23-1999]
For the purpose of this Chapter, the following words shall have the following meanings:
Includes any person eighteen (18) years of age or older.
Any person under the age of eighteen (18) who is a member of a family.
The Commission on Human Rights.
To make distinction in treatment of any person because of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin.
A room or group of rooms designed for occupancy by one (1) family with eating, sleeping and living facilities or lodging rooms.
An employee of the City or the Commission designated by the Mayor with the approval of the Commission.
Includes and means rent, renting, assignment, sublease and subletting.
Any bank, insurance company, savings and loan association, other person in the business of lending money or guaranteeing loans, any person in the business of obtaining, arranging or negotiating loans or guarantees as agent or broker, and any person in the business of buying or selling loans or instruments for the payment of money which are secured by title to or a security interest in real estate.
A person who as owner or agent of the owner or owners has the principal responsibility for the management of five (5) or more dwelling units for rent within the City and performs or employs others to perform the services associated with the letting and maintenance of said rental units.
Any person who holds legal or equitable title to, or owns any beneficial interest in, any real property or who holds legal or equitable title to shares of, or holds any beneficial interest in, any real estate cooperative which owns any real property or any person who is acting as the agent, manager or employee of the owner.
Includes one (1) or more individuals, corporations, partnerships, associations, legal representatives, mutual companies, unincorporated organizations, trusts, trustees, trustees in bankruptcy, receivers and fiduciaries.
Includes any contract to purchase.
Any person licensed as a real estate broker in accordance with the provisions of Chapter 339, RSMo., or required thereby to be so licensed.
The purchase, sale, exchange or lease of any real property and an option to do any of the foregoing.
Any real estate improved or unimproved, within the City limits, including rooming units.
Includes any contract to sell, exchange or to convey, transfer or assign legal or equitable title to or a beneficial interest in real property.
To encourage or discourage the sale or rental of real property because of the race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin of persons in the neighborhood in which the property is located. This shall include but is not limited to directing persons into or away from areas because of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin of persons in the area or purported to be moving into the area.
[Ord. No. 241 §5, 11-23-1999]
A.
No person, including but not limited to any owner, manager, lessee or sublessee of real property, real estate broker, lender, financial institution, advertiser, real estate appraiser, or agent of any of the foregoing, shall discriminate against any other person (or discriminate against such person because of the race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status) in regard to the sale or rental of or dealings concerning real property. Any such discrimination shall be unlawful. Without limiting the foregoing, it shall also be unlawful discrimination for any person to:
1.
Policies and publicity. Advertise, publish, display or circulate or cause to be published, displayed, advertised or circulated, either in writing or orally, any notice, statement, communication, sign or advertisement, or to announce a policy, or to use any form of application for the purchase, lease, rental or financing of real property, or to make any record or inquiry in connection with the prospective purchase, rental or lease of real property, which expresses directly or indirectly any discrimination, or any intent to discriminate.
2.
Discriminate in lending. Discriminate or to participate in discrimination in connection with borrowing or lending money, guaranteeing loans, accepting mortgages, or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repairs or maintenance of any real property in the City.
3.
Inducing sales. Distribute or cause to be distributed written material or statements designed to induce any person to sell or lease real property because of the alleged or actual or because of any present or prospective change in the race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin of persons in the City or neighborhood.
4.
Misrepresentation. Make any misrepresentations concerning the listing for sale or the anticipated listing for sale or the sale of any real property for the purpose of inducing or attempting to induce the sale or listing for sale of any real property by representing that the presence or anticipated presence of persons of any particular race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin in the area will or may result in lowering of real property values in the block, neighborhood or area in which the property is located.
5.
Refusal to sell. Refuse to sell or rent real property because of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin.
6.
Refusal to show records of available housing. Refuse to show to any person who has specified his needs, the list or other records identifying all real properties reasonably meeting such specifications.
7.
Withholding housing. Represent to any person that any real property is not available, or otherwise to withhold real property from any person because of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin.
8.
Refusal to show real estate. Refuse to show real estate because of the race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin of any prospective purchaser, lessee or tenant, or because of the race, color, religion, religious affiliation, sex, handicap, marital status, familial status or national origin of the residents in the area in which the property is located.
9.
Steering. Encourage or discourage the sale or rental of real property because of the race, color, religion, religious affiliation, sex, age, handicap, martial status, familial status or national origin of persons in the neighborhood in which the property is located. This shall include but is not limited to directing persons into or away from areas because of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin of persons in the area or purported to be moving into the area.
10.
Evasion. Employ any person as a salesman or agent as a means of evading provisions of this Chapter.
11.
Providing information. Volunteer oral or written information about the racial composition of a neighborhood unless such information is a factual, accurate and actual response to an unsolicited direct question.
12.
Information regarding complaints. Fail, within a reasonable time, to provide information requested by the person charged with enforcement of this Chapter as a result of a complaint alleging a violation of this Chapter.
13.
Rental application. Discriminate by denying or unreasonably delaying the processing of a lease or rental application of a person, discriminate in the fixing of the fee or length of processing time, or other terms and conditions of such application process.
14.
Listing agreement. Entering into a listing agreement which discriminates against any person.
B.
Exemptions. This Chapter shall not:
1.
Bar any religious or denominational institution or organization, or any charitable or educational organization operated, supervised or controlled by or in connection with a religious organization, from limiting living accommodations, or giving preference with respect thereto, to persons of the same religion or denomination.
2.
Apply to the leasing of rooms to roomers in a dwelling unit occupied by the owner or lessee of the entire premises as a family household having not more than two (2) roomers exclusive of salaried household employees living on premises.
3.
Prohibit the operation of housing units designed and offered predominantly for use and occupancy by persons over the age of sixty-two (62).
4.
Bar any charitable or educational organization from limiting to persons of the same sex the rental of living accommodations in facilities primarily providing single room occupancy.
5.
Include an individual whose only connection with the discrimination is his association with a group or entity which owns, manages, brokers, loans, advertises or appraises the real property, unless that individual was involved in the discrimination personally.
[Ord. No. 241 §6, 11-23-1999]
It shall be unlawful and a violation of this Chapter for any lending institution to discriminate in making, agreeing to make, arranging or negotiating any loan or guarantee of funds for the purpose of financing the purchase or sale, construction, lease, rehabilitation, improvement, renovation, or repair of any real estate property, or to offer, seek or agree to terms, conditions or privileges that discriminate.
[Ord. No. 241 §7, 11-23-1999]
It shall be unlawful and a violation of this Chapter for any lending institution to refuse to negotiate for, enter into, or perform any agreement to lend or guarantee the loan of funds for the purchase, sale, construction, lease, rehabilitation, improvement, renovation or repair of any real property because of discrimination.
[Ord. No. 241 §8, 11-23-1999]
This Chapter shall apply, respectively, to every person, including but not limited to, every owner, lending institution, real estate broker and manager who, with the City, performs any function relating to or in connection with a real estate transaction, whether or not such person maintains an office or place of doing business within the City; provided however, that the provisions of this Chapter shall not be so construed as to prohibit a person on behalf of the owner from inquiring into and reporting upon the qualifications of any prospective buyer or tenant with respect to limitations or exclusions other than those of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin.
[Ord. No. 241 §9, 11-23-1999]
A.
The Commission on Human Rights which was created by this Chapter is hereby declared to remain the Commission on Human Rights and the appointments and terms of office of those named to the Commission as of the date of this Chapter shall remain for the balance of their term.
B.
It shall be the duty of the Commission, acting through its investigator, to receive and investigate complaints charging violations of this Chapter including, but not limited to, complaints charging discrimination, seek conciliation of such complaints, seek compliance by violators, hold hearings, and make finding of fact, determine awards, fines and penalties, and make recommendations in accordance with the provisions of this Chapter.
C.
The Commission shall be the power:
1.
To administer and take sworn testimony.
2.
To adopt, promulgate, amend and rescind rules and regulations or procedure consistent with the provisions of this Chapter.
3.
To subpoena witnesses and pertinent documents at both the investigation, conciliation and hearing stages, which power may be enforced by the Commission by proper petition to any court of competent jurisdiction.
4.
To hold meetings through its investigator which are closed to the public for the purpose of conciliating complaints.
5.
To appoint attorneys with expertise in fair housing law, from a list approved by the City Attorney and with the approval of the Mayor, empowered to prosecute violations under this Chapter and to otherwise act as would the City Attorney.
[Ord. No. 241 §10, 11-23-1999]
A.
Proceedings under this Chapter shall be commenced by the filing with the Commission of a written complaint, under oath or affirmation within one hundred eighty (180) days of the alleged violation. The complaint shall be in such detail as to substantially apprise any party property concerned as to the time, place and facts surrounding the alleged violation. A complaint may be amended by right until an answer is filed, thereafter by leave of the Commission. The complaint may be filed by an aggrieved party.
B.
After the complaint is filed, the Commission shall, within ten (10) working days, serve a copy of the complaint personally or by certified mail on the respondent.
C.
If the Commission determines that the allegations as stated in the complaint, if true, would constitute a violation of this Chapter, it shall cause an investigation of the complaint. The Commission shall conclude its investigation within thirty (30) days of filing of the complaint. If the investigator is unable to conclude his investigation of the complaint within thirty (30) days, he shall notify the Chairman and the parties of the need to continue the investigation. Such notice shall not reveal any facts related to that investigation. Upon such notice the period for completion of the investigation shall be extended to sixty (60) days from the date of filing the complaint.
D.
If the investigator finds in his investigation that the allegations appear to be supported by the facts, he shall set a date for a conciliation conference and notify the parties of the time and place thereof. At such conference the investigator shall interview the complainant and the person or persons against whom the complaint has been directed and shall attempt to resolve the complaint by conciliation. The Commission shall establish rules and regulations governing the conciliation of complaints.
E.
When there is a failure to settle or adjust any complaint through conciliation, the investigator shall notify in writing the Chairman of the Commission and parties. The Commission, not later than thirty-five (35) days after such notification, shall set a date for a hearing on the complaint. The respondent shall file within thirty (30) days of such notification its written response to the complaint. The hearing shall commence within sixty (60) days of the notification of a failure to settle or adjust the complaint. In order to encourage full and candid participation in the conciliation process, no record will be kept, and the parties and investigator will be prohibited from later testifying, either at hearings under this Chapter or in court proceedings, with regard to what was said at the conciliation conference, and participants will sign an appropriate agreement to that effect before the conference begins. Under no circumstances will an investigator who participates in a conciliation conference have any later role in the same proceeding.
F.
If the investigator determines that a complaint is without merit, he shall dismiss the complaint. The investigator shall, within five (5) days of such determination, serve a copy of the Notice of Dismissal, and reasons therefor, personally or by certified mail on all parties and the Commission. The complainant may within fourteen (14) days of the receipt of Notice of Dismissal petition, in writing, the Commission and request a hearing on the complaint. The Commission, by majority vote(s), may withdraw the dismissal and refer the complaint to the investigator for conciliation and/or hearing as necessary.
G.
If, in the judgment of the investigator after consultation with the Commission, immediate court action is necessary, he may at any time direct the City Attorney or outside counsel to file a complaint in any court of competent jurisdiction for a fine, injunction or other appropriate relief. Such action may be taken even though administrative hearings of the complaint are pending before the Investigator or the Commission.
H.
Hearings by the Commission shall be conducted by any three (3) or more members thereof; three (3) of whom shall thereafter attend all hearings on the complaint. At the conclusion of the hearings, a written report with findings of fact and a recommended decision shall be prepared for submission to the entire Commission. No report shall be delayed more than sixty (60) days after the date of the first (1st) hearing unless by agreement of the parties upon good cause shown. A majority of the hearing members must concur in the findings and recommendation. Only a Commission member in attendance at all hearings may vote on findings and recommendation. The findings of fact and recommended decision shall in all cases be advisory to the Commission. The Commission may review the complete record including but not limited to the transcripts, exhibits, briefs, the recommended findings and decision then make a final decision on the complaint. However, to reach a decision, a majority of the Commission, then in office, must concur. The Commission shall reach its decision within sixty (60) days of receipt of the written report. Nothing shall preclude a complainant from withdrawing a complaint at any time after the filing.
I.
All parties shall have the right to counsel at their own expense. All rules of procedure and regulations adopted by the Commission shall preserve the right of due process under the Missouri and United States Constitutions. A determination sustaining the complaint shall be by a preponderance of the evidence. The burden of proof shall be on the complainant.
J.
The Commission shall be empowered at the conclusion of such proceedings, and as part of its final order, to direct that any person who shall have been found, as a result of such proceedings, to have violated this Chapter, to forthwith take any one (1) or more of the following actions:
1.
Comply with this Chapter in respect of each violation found.
2.
Perform any contract or agreement previously made with or offered by or to the complainant for sale, lease, exchange, transfer, conveyance or assignment of the particular real property with respect to which a violation shall have been found.
3.
Reimburse the complainant for his actual and reasonable out-of-pocket expenses and costs necessarily incurred and to be incurred as a direct result of each violation found, the amount of which shall be specified by the Commission in its report and may include, but need to be limited to, reimbursement for expenses and costs for temporary living, moving and storage of household furnishings, additional expenditures relating to the lease or rental of real property necessarily obtained to provide alternative housing accommodations, additional expenditures resulting from failure or refusal to sublease or assign leased real property, and reasonable attorneys' fees and disbursements.
5.
Comply with such other and further relief as may be deemed appropriate by the Commission for the enforcement of this Chapter and the elimination of violations thereof.
K.
The Commission may, by written order, serve upon the respondent at any time pending final order, an order that the particular real property with respect to which a violation of this Chapter has been filed shall not be sold, leased, exchanged, transferred, conveyed or assigned to any person other than the complainant.
L.
Any complainant or respondent may apply for and obtain judicial review of a final order of the Commission entered under this Chapter in accordance with the provisions of the law.
M.
The Commission may direct the City Attorney to file with the Division of Professional Registration of the State or any other regulatory or advisory agency a complaint against any real estate broker found guilty of violating any provision of this Chapter.
N.
The Commission may direct the City Attorney to commence action in any court of competent jurisdiction to recover the penalty provided herein, to seek such equitable relief as the Commission may deem proper or to enforce any order of the Commission.
O.
If a respondent has been found guilty of a violation of this Chapter, in accordance with the procedures specified herein, the determination of the nature and extent of the penalty shall be vested in a majority of the entire Commission then holding office. Nothing shall preclude the parties from consenting, with approval of the Commission, to an extension of any time period hereinabove set out.
[Ord. No. 241 §11, 11-23-1999]
A.
Any person aggrieved in any manner by the violation of this Chapter who has exhausted the remedies provided in this Section may apply to any court of competent jurisdiction for appropriate relief from such violation, including:
1.
An order compelling compliance with this Chapter.
2.
An order to prohibit any person found by the court to have violated any provision of this Chapter from the sale, lease, exchange, transfer, conveyance or assignment of any real property, by any person who in violation of this Chapter refuses or fails to perform such contract.
3.
Compensatory damages.
4.
Such other and further relief as may seem appropriate to the court for the enforcement of this Chapter and the elimination of violations thereof.
5.
These remedies shall be available notwithstanding the imposition or lack of imposition of other penalties provided by this Chapter.
[Ord. No. 241 §12, 11-23-1999]
Any person violating the provisions of this Chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each such offense. Every day a violation continues may be deemed a separate offense by appropriate finding.