[Ord. No. 1251 §1, 10-1-1991]
The Board of Aldermen of the City of Parkville, Missouri, 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,
national origin or ancestry. This Chapter shall be deemed an exercise
of the police powers of the City of Parkville, Missouri, for the protection
of the public welfare, prosperity, health and peace of the people
of Parkville.
[Ord. No. 1251 §2, 10-1-1991]
For the purpose of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein unless
the context indicates otherwise.
Any person who is attempting to provide housing for himself
and/or his family in the City of Parkville, Missouri, and who encounters
or perceives a violation of this Chapter in such attempt.
The Fair Housing Committee.
To attempt and/or effect any distinction in treatment of
race, sex, color, religion or national origin of any person.
Any individual, firm, partnership or corporation.
[Ord. No. 1251 §3, 10-1-1991]
A.
It shall
be a discriminatory practice and a violation of this Chapter for any
person to:
1.
Refuse
to sell or rent after the making of a bona fide offer, or refuse to
negotiate for the sale or rental of, or otherwise make unavailable
or deny a dwelling to any person because of race, sex, color, religion
or national origin of any person.
2.
Discriminate
against any person in the terms, conditions or privileges of the sale
or rental of a dwelling, or in the provision of services or facilities
in connection therewith, because of race, sex, color, religion or
national origin.
3.
Make,
print 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 or national origin, or an intention
to make any such preference, limitation or discrimination.
4.
Represent
to any person that because of race, sex, color, religion or national
origin any dwelling is not available for inspection, sale or rental
when such dwelling is in fact available.
5.
For
profit, 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, sex, color, religion or national origin.
6.
Discriminate
in the sale or rental of housing on the basis of a handicap.
7.
Design
and/or construct any new multi-family dwelling with four (4) or more
units which fails to meet adaptability and accessibility requirements
as set forth in federal regulations.
8.
Discriminate
in the sale or rental of housing because a family has children, unless
such housing is covered by Section 202 of "Housing for Older
Persons."
[Ord. No. 1251 §4, 10-1-1991]
It shall be unlawful for any institution (bank, building and
loan association, insurance company, 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 to discriminate
in the fixing of the amount or conditions of such loan because of
the race, sex, color, religion or national origin of the person applying
therefor for the purpose of purchasing, constructing, repairing or
maintaining a dwelling, or because of the race, sex, color, religion
or national origin of any person associated with him in connection
with such financing.
[Ord. No. 1251 §5, 10-1-1991]
A.
The provisions of this Chapter, and particularly Section 235.030 hereof, shall not apply to the following:
1.
A rental
or lease of a dwelling unit in a building which contains housing accommodations
for not more than two (2) families living independently of each other,
if the owner or members of his family reside in such dwelling unit.
2.
A rental
or lease to less than five (5) persons living in a dwelling unit by
the owner if the owner or members of his family reside therein.
3.
Any
single-family house sold or rented by an owner provided that such
house is sold or rented:
a.
Without
the use of sales or rental facilities or services of real estate brokers,
agents, salesmen or persons in the business of selling or renting
dwellings, and
b.
Without
the publication, posting or mailing of any advertisement in violation
of Section 235.030(3) of this Chapter,
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provided that any such 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
(3) such single-family houses at any one (1) time.
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B.
For the
purposes of this Section, a person shall be in the business of selling
or renting dwellings if:
1.
He has,
within the preceding twelve (12) months, participated as principal
in three (3) or more transactions involving the sale or rental of
any dwelling or any interest therein, or
2.
He has,
within the preceding twelve (12) months, participated as agent, other
than in the sale of his own personal residence in providing sales
or rental facilities or sales or rental services in two (2) or more
transactions involving the sale or rental of any dwelling or any interest
therein, or
3.
He is
the owner of any dwelling designed or intended for occupancy by or
occupied by five (5) or more families.
C.
Nothing
in this provision shall prohibit the use of attorneys, escrow agents,
abstractors, title companies and other such professional assistance
as necessary to perfect or transfer the title.
[Ord. No. 1251 §6, 10-1-1991; Ord. No. 1312 §1, 7-21-1992]
A.
There
is hereby created a Fair Housing Committee whose membership shall
consist of five (5) members, who shall be appointed by the Mayor of
the City with the approval of the Board of Aldermen. Members appointed
to serve beginning August 1, 1992, shall serve as follows: One shall
serve one (1) year, one shall serve two (2) years, one shall serve
three (3) years, one shall serve four (4) years, and one shall serve
five (5) years. Subsequently, members shall be appointed for terms
of five (5) years.
B.
Every
complaint of a violation of this Chapter shall be referred to the
Fair Housing Committee. The 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 Committee, after investigation, finds
there is no merit to the complaint, the same shall be dismissed. If
the Committee finds there is merit in the complaint it shall endeavor
to eliminate the alleged discriminatory practice by conference and
conciliation.
C.
If the
Fair Housing Committee is unable to eliminate the alleged discriminatory
practice by a conference and conciliation, then it shall forward said
complaint to the City Attorney for handling. The final determination
of whether or not to prosecute on said complaint shall be left to
the City Attorney.
[Ord. No. 1251 §7, 10-1-1991]
A.
Any person
convicted of a violation of this Chapter shall be punished by fine
of not more than five hundred dollars ($500.00) or by imprisonment
for not more than thirty (30) days, or by both such fine and imprisonment.
B.
The City
Attorney, instead of filing a complaint in the Municipal Court, may
as an alternative remedy seek to have the alleged discriminatory practices
abated by an injunction to be maintained in the appropriate Circuit
Court of the State of Missouri.
