[Ord. No. 2042 §1, 5-14-1996]
For the purposes of this Chapter the following terms shall be
deemed to have the meanings indicated below:
The Missouri Commission on Human Rights.
An act unlawful under Section 250.020 hereof.
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 (1) 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.
One (1) or more individuals who have not attained the age
of eighteen (18) years being domiciled with:
A parent or another person having legal custody of such individuals;
or
The designee of such parent or other person having such custody,
with the written permission of such parent or other person, pursuant
to Missouri law.
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The protections afforded against discrimination on the basis
of familial status shall apply to any person who is pregnant or who
is the process of securing legal custody of any individual who has
not attained the age of eighteen (18) years.
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Includes a single individual, the lawful occupants of a single-family
residence according to the City's Zoning Code, or the residents of
any home in which eight (8) or fewer unrelated mentally or physically
handicapped persons reside, in accordance with the provisions of Section
89.020, RSMo., as may be amended or revised from time to time.
A physical or mental impairment which substantially limits
one (1) or more of a person's major life activities, a condition perceived
as such, or a record of having such an impairment, which with or without
reasonable accommodation does not interfere with occupying the dwelling
in question. As used herein, the term "handicap" does
not include current, illegal use of or addiction to a controlled substance;
however, a person may be considered handicapped if that person:
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 engaged in illegal use of controlled substances; or
Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance.
Includes one (1) or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint stock companies, trusts, trustees, trustees in bankruptcy, unincorporated
organizations, receivers, and fiduciaries.
Includes to lease, sublease, let or otherwise to grant for
a consideration the right to occupy premises not owned by the occupant.
[Ord. No. 2042 §2, 5-14-1996]
A.
Except
as specifically exempted herein, it shall be unlawful for any person:
1.
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,
ancestry, sex, handicap, familial status, or national origin.
2.
To 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, ancestry,
sex, handicap, familial status, or national origin.
3.
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, ancestry, sex, handicap, familial
status, or national origin, or any intention to make any preference,
limitation or discrimination.
4.
To represent
to any person because of race, color, religion, ancestry, sex, handicap,
familial status, or national origin 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 a neighborhood of a person or persons of a particular race,
color, religion, ancestry, sex, handicap, familial status, or national
origin.
6.
To discriminate
in the sale or rental, or to otherwise make unavailable or deny, a
dwelling to any buyer or renter because of a handicap of :
7.
To coerce,
intimidate, threaten, or interfere with any person in the exercise
or enjoyment of, or on account of his/her having exercised or enjoyed,
or on account of his/her having aided or encouraged any other person
in the exercise or enjoyment of, any right granted or protected herein.
8.
To 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 with such dwelling, because of handicap of:
9.
For
purposes of Subdivision (8) hereof, discrimination includes:
a.
A
refusal to permit, at the expense of the handicapped person, reasonable
modifications of existing premises occupied or to be occupied by such
person if such modifications may be necessary to afford such person
full enjoyment of the premises, except that, in case of a rental,
the landlord may, where it is reasonable to do so, condition permission
for a modification upon the renter's agreeing to restore the interior
of the premises to the condition that existed before the modification,
reasonable wear and tear excepted;
b.
A
refusal to make reasonable accommodations in rules, policies, practices,
or services, when such accommodations may be necessary to afford such
person equal opportunity to use and enjoy a dwelling; or
c.
In
connection with the design and construction of covered multi-family
dwellings for first occupancy after June 1, 1995, a failure to design
and construct those dwellings in such a manner that:
(1)
The public use and common use portions of such dwellings are readily
accessible to and useful by handicapped persons;
(2)
All the doors designed to allow passage into and within all premises
within such dwelling are sufficiently wide to allow passage by handicapped
persons in wheelchairs; and
(3)
All premises within such buildings contain the following features
of adaptive design:
(a)
An accessible route into and through the dwelling;
(b)
Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
(c)
Reinforcements in bathroom walls to allow later installation of grab
bars; and
(d)
Usable kitchens and bathrooms such that an individual in a wheelchair
can maneuver about the space.
11.
Nothing
in this Section 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.
[Ord. No. 2042 §3, 5-14-1996]
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 said purchaser in fixing the amount, interest, rate, duration,
or other terms or conditions of such loan or other financial assistance
because of race, color, religion, ancestry, sex, handicap, familial
status or national origin of such loan or other financial assistance,
or of the present or prospective lessees, tenants, or occupants, of
the dwelling in relation to which such loan or other financial assistance
is to be made or given.
[Ord. No. 2042 §4, 5-14-1996]
It shall be unlawful for any person to deny any person access
to or membership or participation in any multiple listing service,
real estate broker's organization or other service, organization,
or facility relating to the business of selling or renting dwellings,
or to discriminate against such person in the terms or conditions
of such access, membership, or participation, on account of race,
color, religion, ancestry, sex, handicap, familial status or national
origin.
[Ord. No. 2042 §5, 5-14-1996]
Nothing in this Chapter shall prohibit a religious organization,
association, or society, or any not-for-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 dwelling which it owns or operates for other than
a commercial purpose to persons of the same religion, or from giving
preference to such person, unless membership in such religion is restricted
on account of race, color, or national origin. Nor shall anything
in this Chapter 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 lodgings to its members or
from giving preference to its members.
[Ord. No. 2042 §6, 5-14-1996]
Nothing in this Chapter shall limit any person's rights under
the laws of the United States, State of Missouri, or other jurisdiction,
including the right to file a complaint with the Commission or Secretary
of Housing and Urban Development, or the right to file a civil action
thereafter.
