Editor's Note — Ord. no. 10-03 amends ch. 220 "fair housing
code" by enacting new provisions set out herein. Former ch. 220 derived
from ord. no. 553 §§1, 6 — 7, 8-5-1991.
[Ord. No. 10-03 §1, 4-12-2010]
The Board of Aldermen of Tipton 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, color, religion, sex, handicap, familial
status or national origin. This Chapter shall be deemed an exercise
of the Police powers of the City of Tipton for the protection of the
public welfare, prosperity, health and peace of the people of Tipton,
Missouri.
[Ord. No. 10-03 §2, 4-12-2010]
For the purpose of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein unless
the context otherwise indicates.
Any person who is attempting to provide housing for himself
and/or his family in the City of Tipton, Missouri.
Distinctions in treatment because of race, color, religion,
sex, handicap, familial status or national origin of any person.
Any individual, firm, partnership or corporation.
[Ord. No. 10-03 §3, 4-12-2010]
A.
It
shall be a discriminatory practice and a violation of the Chapter
for any person to:
1.
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, sex, handicap, familial status or national origin of any
person.
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, color, religion,
sex, handicap, familial status or national origin.
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, color, religion, sex, handicap, familial
status or national origin or an intention to make any such preference,
limitation or discrimination.
4.
Represent to any person because of race, color, religion, sex, handicap,
familial status or national original 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 attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood or a person or persons of a particular
race, color, religion, sex, familial status, handicap or national
origin.
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's sold, rented or made available; or any
person associated with that buyer or renter. The design and construction
of new multi-family dwellings containing four (4) or more units is
required to meet certain adaptability and accessibility requirements
in accordance with Section 804 of the 1988 Fair Housing Amendments
Act.
7.
Discriminate in the sale or rental of housing on the basis of familial
status or because a family has children, exempting certain types of
buildings that house older persons (e.g. Section 202 housing) in accordance
with Section 807 of the 1988 Fair Housing Amendments Act.
[Ord. No. 10-03 §4, 4-12-2010]
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 to a person applying therefore for
the purpose of purchasing, constructing, repairing or maintain a dwelling,
or to discriminate against any person in the fixing of the amount
or conditions of such loan, because of the race, color, religion,
sex, handicap, familial status or national origin of such person or
of any person therein associated in connection with such financing.
[Ord. No. 10-03 §5, 4-12-2010]
A.
There
is hereby created a Fair Housing Committee whose membership shall
consist of five (5) members who shall be appointed by the Mayor with
Board approval.
B.
Every
complaint of a violation of this Chapter shall be referred to a 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 that there is merit in the complaint, in their
opinion, then and in that event, such Committee will 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 conference and conciliation, then and in that event, the
Committee shall forward said complaint to the City Attorney to handle.
The final determination of whether to prosecute in Municipal Court
on said complaint shall be left to the City Attorney.
D.
Nothing
in this Chapter shall be construed in such manner as to limit administrative
enforcement mechanisms and recourse against alleged discriminatory
housing practices through the U.S. Dept of Housing and Urban Development
as specified under Section 810 of the Fair Housing Act, as amended,
effective March 12, 1989 or through the Missouri Commission on Human
Rights as specified in applicable State Statutes.
[Ord. No. 10-03 §6, 4-12-2010]
A.
Any
person convicted in Municipal Court of a violation of this Chapter
shall be punished by a fine of not more than five hundred dollars
($500.00) or by confinement in the County Jail for not more than fifteen
(15) days, or both such fine and imprisonment.
B.
The
City Attorney, instead of filing a complaint in Municipal Court of
said City, may, as an alternative remedy, seek to have the alleged
discriminatory practices abated by an action for an injunction to
be maintained in the appropriate Circuit Court of the State of Missouri.
