[Gen. Ords. 1959, § 58.2; Ord.
No. 5278, 7-3-1969; Ord. No. 6781, § 1, 8-6-1981; Ord. No. 7364, § 1, 6-20-1985; Ord. No. 10108, § 2, 12-20-2012]
As used in this article, the following terms shall have the
meanings ascribed to them:
The Chairman of the Commission.
This article.
The Human Rights Commission of the City of Kirkwood, Missouri.
A physical or mental impairment which substantially limits
one or more of a person's major life activities, being regarded as
having such an impairment, or a record of having such an impairment,
which with or without reasonable accommodation does not interfere
with performing the job, utilizing the place of public accommodation,
or occupying the dwelling in question. For purposes of this article,
the term "disability" does not include current, illegal use of or
addiction to a controlled substance as such term is defined by Section
195.010, RSMo.; however, a person may be considered to have a disability
if that person:[1]
Has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of, and is not
currently addicted to, a controlled substance or has otherwise been
rehabilitated successfully and is no longer engaging in such use and
is not currently addicted;
Is participating in a supervised rehabilitation program and
is no longer engaging in illegal use of controlled substances; or
Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance
An act that is unlawful under § 12-62.
Any building, structure, or portion thereof located within
the City, which is occupied as, or designed or intended for occupancy
as, a residence by one or more families, and any vacant land which
is offered for sale or lease for the construction or location thereon
of any such building, structure, or portion thereof.
Includes a single individual.
The gender-related identity, appearance, mannerisms or other
gender-related characteristics of an individual, with or without regard
to the individual's designated sex at birth.
Includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees,
trustees in bankruptcy, receivers, and fiduciaries.
An individual's real or perceived heterosexuality, homosexuality
or bisexuality.
Includes to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
[Gen. Ords. 1959, § 58.1; Ord.
No. 5278, 7-3-1969]
This article shall be known and cited as the "Fair Housing Code."
[Gen. Ords. 1959, § 58.7; Ord.
No. 5278, 7-3-1969]
The authority and responsibility for administering this Code
shall be in the Commission. The Commission shall administer this Code
in a manner affirmatively to further the policies of this Code and
to prevent or eliminate discriminatory housing practices. The Commission
shall cooperate with and render technical assistance through federal,
state, or other public or private agencies, organizations, and institutions
which are formulating or carrying out programs to prevent or eliminate
discriminatory housing practices.
[Gen. Ords. 1959, § 58.3; Ord.
No. 5278, 7-3-1969; Ord. No. 7364, § 2, 6-20-1985; Ord. No. 8772, § 1, 11-19-1998; Ord. No. 10108, § 3, 12-20-2012[1]]
Except as exempted by § 12-65, it shall be unlawful for any person:
(a)
To refuse to sell or rent after the making of a bona fide offer,
or to refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny a dwelling to any person because of race,
color, religion, national origin, ancestry, sex, disability, familial
status, sexual orientation or gender identity.
(b)
To discriminate against any person in the terms, conditions or privileges
of sale or rental of a dwelling, or in the provisions of service or
facilities in connection therewith because of race, color, religion,
national origin, ancestry, sex, disability, familial status, sexual
orientation or gender identity.
(c)
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, disability, familial status, sexual orientation or gender identity,
or an intention to make any such preference, limitation or discrimination.
(d)
To represent to any person because of race, color, religion, national
origin, ancestry, sex, disability, 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.
(e)
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, disability, familial status, sexual
orientation or gender identity.
[Gen. Ords. 1959, § 58.5; Ord.
No. 5278, 7-3-1969; Ord. No. 7364, § 2, 6-20-1985; Ord. No. 8772, § 1, 11-19-1998; Ord. No. 10108, § 3, 12-20-2012[1]]
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 to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him/her in the 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, disability, familial status, sexual orientation or gender identity of such person or of any person associated with him/her in connection with the loan or other financial assistance, or of the prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which the loan or other financial assistance is to be made or given; however, nothing contained in this section shall impair the scope or effectiveness of the exception contained in § 12-65, Subsection (b)(1) and (2).
[Gen. Ords. 1959, § 58.6; Ord.
No. 5278, 7-3-1969; Ord. No. 7364, § 2, 6-20-1985; Ord. No. 8772, § 1, 11-19-1998; Ord. No. 10108, § 3, 12-20-2012[1]]
It shall be unlawful for any person to deny any person access
to or membership or participation in any multiple-listing service,
real estate brokers organization or other services, organization,
or facility relating to the business of selling or renting dwellings,
or to discriminate against him/her in the terms or conditions of such
access, membership or participation on account of race, color, religion,
national origin, ancestry, sex, disability, familial status, sexual
orientation or gender identity.
[Gen. Ord. 1959, § 58.4; Ord. No.
5278, 7-3-1969; Ord. No. 7364, § 2, 6-20-1985; Ord. No. 8772, § 1, 11-19-1998]
Subject to the provisions of Subsection (b) of this section, the prohibitions against discrimination in the sale or rental of housing set forth in § 12-62 shall apply:
(a)
Upon the enactment of the ordinance from which this section was derived,
viz., July 3, 1969, to:
(1)
Dwellings owned or operated by the federal government.
(2)
Dwellings provided in whole or in part with the aid of loans,
advances, grants, or contributions made by the federal government,
under agreements entered into after November 20, 1962, unless payment
due thereof has been made in full prior to the date of the enactment
of Public Law 90-284, 90th Congress, H.R. 2516.[1]
[1]
Editor's Note: Said law was enacted 4-11-1968.
(3)
Dwellings provided in whole or in part by loans insured, guaranteed,
or otherwise secured by the credit of the federal government, under
agreements entered into after November 20, 1962, unless payment thereon
has been made in full prior to the date of enactment of Public Law
90-204;[2] however, nothing contained in Subsection (a)(2) and (3)
of this subsection shall be applicable to dwellings solely by virtue
of the fact that they are subject to mortgage held by an FDIC or FSLIC
institution.
[2]
Editor's Note: Said law was enacted 12-15-1967.
(4)
Dwellings provided by the development or the redevelopment of
real property purchased, rented, or otherwise obtained from a state
or local public agency receiving federal financial assistance for
slum clearance or urban renewal with respect to such real property
under loan or grant contracts entered into after November 20, 1962.
(b)
(1)
Any single-family house sold or rented by an owner, provided,
that such private individual owner does not own more than three such
single-family houses at any one time; and provided further that in
the case of the sale of any such single-family house by a private
individual owner not residing in the house at the time of the sale
or who was not the most recent resident of the house prior to the
sale, the exemption granted by this subsection shall apply only with
respect to one such sale within any twenty-four-month period; and
provided further that the bona fide private individual owner does
not own any interest in, nor is there owned or reserved on his behalf,
under any express or voluntary agreement, title to or any right to
all or a portion of the proceeds from the sale or rental of, more
than three such single-family houses at any one time; provided further
that after December 31, 1969, the sale or rental of any such single-family
house shall be excepted from the application of this Code only if
the house is sold or rented:
a.
Without the use in any manner of the sales or rental facilities
or the sales or rental services of any real estate broker, agent,
or salesperson, or of such facilities or services of any person in
the business of selling or renting dwellings, or of any employee or
agent of any such broker, agent, salesperson, or person; and
b.
Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of Subsection (c) of § 12-62; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and such other professional assistance as necessary to perfect or transfer the title.
(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
the living quarters as his residence.
(c)
For the purpose of Subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
(1)
He/she has, within the preceding 12 months, participated as
principal in three or more transactions involving the sale or rental
of any dwelling or any interest therein; or
(2)
He/she has, within the preceding 12 months, participated as
agent, other than in the sale of his/her own personal residence, in
providing sales or rental facilities or sales or rental services in
two or more transactions involving the sale or rental of any dwelling
or any interest therein; or
(3)
He/she is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five or more families.
(d)
Nothing in this Code 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, national origin, ancestry, sex, disability,
or familial status. Nor shall anything in this Code prohibit a private
club not in fact open to the public, which as an incident to its primary
purpose or purposes provides lodgings which it owns or operates for
other than a commercial purpose, for limiting the rental or occupancy
of such lodgings to its members or from giving preference to its members.[3]
[Gen. Ords. 1959, §§ 58.8, 58.9; Ord. No. 5278, 7-3-1969]
(a)
Any person who claims to have been injured by a discriminatory housing
practice or who believes that he will be irrevocably injured by a
discriminatory housing practice that is about to occur, hereafter
called the "person aggrieved," may file a complaint with the Commission.
Complaints shall be in writing and shall contain such information
and be in such form as the Commission may require. Upon receipt of
a complaint, a copy shall be furnished to the person who allegedly
committed or is about to commit the alleged discriminatory housing
practice.
(b)
Within 30 days after receiving a complaint, it shall be investigated
and the Commission shall determine if cause exists for the allegations
made in the complaint. The Commission may request the assistance of
the county counselor in its investigations. If the Commission finds
cause for the complaint, it shall attempt to eliminate or correct
the alleged discriminatory housing practice by informal methods of
conference, conciliation, and persuasion. The complaint shall be dismissed
if the Commission finds no cause.
(c)
The Commission, at any time it has reason to believe that any person
has been engaged in discriminatory practice prohibited by this Code,
may issue a complaint.
(d)
A complaint under Subsection (a) shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints may be reasonably and fairly amended at any time.
(e)
A respondent may file an answer to the complaint against him and,
with the leave of the Commission, which shall be granted whenever
it would be reasonable and fair to do so, may amend his answer at
any time. Both complaints and answers shall be verified.
(f)
If conciliation efforts fail, the Commission shall promptly set a
date for hearing of the matters alleged in the complaint and subsequently
occurring related matters, but only after giving at least five days
prior written notice to the person or persons who allegedly committed
or are about to commit the alleged unfair housing practice.
(g)
The hearing shall be conducted in a fair and impartial manner according
to rules adopted by the Commission. The person aggrieved and the person
or persons who allegedly committed or are about to commit the alleged
unfair housing practice may appear with legal counsel and shall have
the right to present proof and cross-examine witnesses in all matters
relating to the complaint and subsequent related occurrences.
(h)
After a hearing pursuant to this section, the Commission will report
on the matter heard to the Council, with copies of such report being
forwarded to the City Attorney. Upon the receipt of the report, the
Council will review the report and will take such action as it deems
appropriate by entering an order to cease and desist or such other
appropriate order, and shall cause such order to be served on all
parties, and shall certify the case to the City Attorney and the City
Prosecutor for appropriate action.
