[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.
