[Ord. No. 3092 § I, 6-20-2017]
The Board of Aldermen of the City of St. Robert hereby declares
it to be the public policy of the City to eliminate discrimination
and safeguard the right of any person to sell, purchase, lease, rent
or obtain real property without regard to race, sex, color, religion,
religious affiliation, age, handicap, familial status, national origin
or ancestry. This Chapter shall be deemed an exercise of the police
powers of the City of St. Robert, Missouri, for the protection of
the public welfare, prosperity, health and peace of the people of
St. Robert.
[Ord. No. 3092 § II, 6-20-2017]
For the purpose of this Chapter the following terms, phrases,
words and their derivations shall have the meaning given herein unless
the context otherwise dictates.
Includes any person who is attempting to provide housing
for himself and/or his family in the City of St. Robert, Missouri.
Distinction in treatment because of race, sex, color, religion,
religious affiliation, age, handicap, familial status, or national
origin or ancestry of any person.
Includes any individual, foreign or domestic partnership
or corporation.
[Ord. No. 3092 § III, 6-20-2017]
A.
It shall be discriminatory practice and a violation of this Chapter
for any person to:
1.
Refuse to sell or rent after making of a bona fide offer, or
to refuse to negotiate the sale or rental of, or otherwise make unavailable
or deny, a dwelling to any person because of race, sex, color, religion,
religious affiliation, age, handicap, familial status, national origin
or ancestry.
2.
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, sex,
color, religion, religious affiliation, age, handicap, familial status,
national origin or ancestry.
3.
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, sex, color, religion, religious affiliation,
age, handicap, familial status, national origin or ancestry, or an
intention to make any such limitation or discrimination.
4.
Represent to any person because of race, sex, color, religion,
religious affiliation, age, handicap, familial status, or national
origin or ancestry, that any dwelling is not available for inspection,
sale, or rental when such dwelling is in fact so available.
5.
For profit, to induce or 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, sex, color, religion, religious affiliation, age, handicap,
familial status, national origin or ancestry.
6.
Discriminate in the sale or rental of housing on the basis of
a handicap of that buyer or renter; a person residing in or intending
to reside in that dwelling after it is sold, rented, or made available;
or any person associated with that buyer or renter. The design and
construction of new multifamily dwellings containing four (4) or more
units are required to meet certain adaptability and accessibility
requirements in accordance with Section 804 of the 1988 Fair Housing
Amendments Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 3604.
[Ord. No. 3092 § IV, 6-20-2017]
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 commercial real
estate loans, to deny a loan to a person applying therefor for the
purpose of purchasing, constructing, repairing, or maintaining a dwelling,
or to discriminate against them in the fixing of the amount or conditions
of such loan, because of race, sex, color, religion, religious affiliation,
age, handicap, familial status, national origin or ancestry of such
person, or of any person associated with him in connection with such
financing.
[Ord. No. 3092 § V, 6-20-2017]
It shall be unlawful for any bank, building and loan association,
insurance company or other corporation, association, firm or enterprise
whose business is in whole or in part in the making of commercial
real estate loans to deny a loan or other financial assistance because
of race, sex, color, religion, religious affiliation, age, handicap,
familial status, national origin or ancestry to a person applying
therefor for the purpose of purchasing, constructing, improving, repairing
or maintaining a dwelling, or to discriminate against him/her in fixing
of the amount, interest rate, duration and other terms or conditions
of such loan or other financial assistance because of the race, sex,
color, religion, religious affiliation, age, handicap, familial status,
national origin or ancestry of such person or of any person associated
with him/her 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. 3092 § VI, 6-20-2017]
It shall be unlawful to deny any person access 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, sex,
color, religion, religious affiliation, age, handicap, familial status,
national origin or ancestry.
[Ord. No. 3092 § VII, 6-20-2017]
A.
All persons within the City of St. Robert are free and equal and
shall be entitled to the full and equal use and enjoyment within this
State of any place of public accommodation, as hereinafter defined,
without discrimination or segregation on the grounds of race, sex,
color, religion, religious affiliation, age, handicap, familial status,
national origin or ancestry.
B.
It is an unlawful discriminatory practice for any person, directly
or indirectly, to refuse, withhold from or deny any other person or
to attempt to refuse, withhold from or deny any other person any of
the accommodations, advantages, facilities, services or privileges
made available in any place of public accommodation, as defined in
Section 213.010, RSMo., and this Section, or to segregate or discriminate
against any such person and the use thereof on the grounds of race,
sex, color, religion, religious affiliation, age, handicap, familial
status, national origin or ancestry.
C.
The provisions of this Section shall not apply to a private club,
a place of a combination owned by or operated on behalf of a religious
operation, association or society or other establishment which is
not in fact open to the public, unless the facilities of such establishments
are made available to the customers or patrons of a place of public
accommodation as defined in Section 213.010, RSMo., and this Section.
[Ord. No. 3092 § VIII, 6-20-2017]
A.
It shall be an unlawful discriminatory practice:
1.
To aid, abet, incite, compel or coerce the commission of acts
prohibited under this Section or to attempt to do so;
2.
To retaliate or discriminate in any manner against any other
person because such person has opposed any practice prohibited by
this Section, or because such person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or hearing conducted pursuant to this Chapter;
3.
For the City to discriminate on the basis of race, sex, color,
religion, religious affiliation, age, handicap, familial status, or
national origin or ancestry, with regard to employment, disability
or familial status as it relates to housing; or
4.
To discriminate in any manner against any other person because
that person associates with any person protected by this Section.
[Ord. No. 3092 § IX, 6-20-2017]
A.
Nothing in this Section shall be construed to:
1.
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 dwelling are consistent with the requirements
of this Fair Housing Policy.
2.
To invalidate or limit any law of the State or of the City that
requires dwellings to be designed and constructed in a manner that
affords persons with disabilities greater access than is required
by this Section.
B.
Nothing in this Chapter:
1.
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.
2.
Limits the applicability of any reasonable local restriction
regarding the maximum number of occupants permitted to occupy a dwelling,
nor does any provision of said Section regarding familial status apply
with respect to housing for older persons.
3.
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.
C.
Nothing in this Section shall prohibit a religious organization,
association or society or any non-profit 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 Section 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.
D.
Nothing in this Section, other than the prohibitions against discriminatory
advertising in 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 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 for 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 (1) such sale in any twenty-four-hour
period.
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 (1) of such living quarters as his/her residence.
[Ord. No. 3092 § X, 6-20-2017]
A.
There is hereby created a Fair Housing Committee whose membership
shall consist of the Mayor of the City and the Board of Aldermen.
B.
Every complaint of a violation of this Chapter shall be referred
to the Fair Housing Committee. The Fair Housing Committee shall forthwith
notify the person against whom the complaint is made. The identity
of the aggrieved person shall be made known to the person against
whom the complaint is made at that time. If the Fair Housing Committee,
after investigation, finds there is no merit to the complaint, the
same shall be dismissed. If the Fair Housing Committee finds that
there is merit to the complaint, in its opinion, then and in that
event, the Fair Housing Committee will endeavor to eliminate the alleged
discriminatory practice by conference and conciliation. The Committee
may appoint individuals to effectuate the functions of investigation
and conciliation.
C.
If the Fair Housing Committee is unable to eliminate the alleged
discriminatory practice by a conference and conciliation, then and
in that event, the Fair Housing Committee shall forward said complaint
to the City Counselor for handling. The final determination of whether
or not to refer for prosecution said complaint shall be left to the
City Counselor.
[Ord. No. 3092 § XI, 6-20-2017]
A.
Any person convicted of a violation of this Chapter shall be punished
by a fine of not more than two hundred dollars ($200.00) or by imprisonment
for not more than thirty (30) days, or by both such fine and imprisonment.
B.
The City Counselor, instead of referring for prosecution in Municipal
Court of said City, may, as an alternate remedy, seek to have the
alleged discriminatory practice abated by an action for an injunction
to be maintained in the appropriate Circuit Court of the State of
Missouri.
[Ord. No. 3092 § XIII, 6-20-2017]
This Chapter shall not affect violations of any other ordinance,
code or regulation of the City of St. Robert existing prior to the
effective date hereof. Any such violations shall be governed and shall
continue to be punishable to the full extent of the law under the
provisions of those ordinances, codes or regulations in effect at
the time the violation was committed.
