[Ord. No. 94-49 §1, 3-31-1994]
It is hereby declared to be the policy of St. Charles County,
Missouri, to assure equal opportunity to all persons to live in housing
facilities regardless of race, color, creed, religion, religious affiliation,
ancestry, national origin, handicap, familial status, sex, or status
as a recipient of public assistance, and to that end to prohibit discrimination
in housing.
[Ord. No. 94-49 §2, 3-31-1994]
For purposes of this Chapter the following terms, phrases, words,
and their derivations shall have the meanings given herein unless
the context indicates otherwise.
Any person who is attempting to provide housing for himself
and/or his family in St. Charles County.
Distinguish among natural persons according to their race,
color, creed, religion, religious affiliation, ancestry, national
origin, handicap, familial status, sex, or status as a recipient of
public assistance.
Any individual, firm, partnership or corporation.
[Ord. No. 94-49 §3, 3-31-1994]
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 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, creed, religion,
religious affiliation, ancestry, national origin, handicap, familial
status, sex, or status as a recipient of public assistance;
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, creed, religion,
religious affiliation, ancestry, national origin, handicap, familial
status, sex, or status as a recipient of public assistance;
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, creed, religion, religious affiliation, ancestry,
national origin, handicap, familial status, sex, or status as a recipient
of public assistance;
4.
Represent
to any person because of race, color, creed, religion, religious affiliation,
ancestry, national origin, handicap, familial status, sex, or status
as a recipient of public assistance, that a dwelling is not available
for inspection, sale, or rental, when in fact that dwelling is so
available;
5.
Induce
or attempt to induce, for profit, any person to sell or rent any dwelling
by representations regarding the entry or prospective entry into the
neighborhood of a person or of persons of a particular race, color,
creed, religion, religious affiliation, ancestry, national origin,
handicap, familial status, sex, or status as a recipient of public
assistance;
6.
Fail
to design and build new multi-family dwellings with four (4) or more
units such that they meet the adaptability and accessibility requirements
of Section 213.040.2—4, RSMo., as presently enacted or as revised
in the future;
7.
Fail
to permit handicapped persons at their own expense to make reasonable
modifications in existing premises occupied or to be occupied by such
persons, if such modifications may be necessary to afford such persons
full enjoyment of the premises (except that in the case of a rental,
the landlord may, where reasonable, condition permission for such
modification upon the renter's agreement to restore the interior of
the premises to the condition that existed before the modification,
reasonable wear and tear excepted);
8.
Refuse
to make reasonable accommodations to handicapped persons, in rules,
policies, practices, or services, when such accommodations may be
necessary to afford such persons equal opportunity to use and enjoy
a dwelling.
[Ord. No. 94-49 §4, 3-31-1994]
A.
The provisions of Section 225.030 shall not apply to:
1.
Housing
accommodations for rent in a building which contains housing accommodations
for not more than two (2) families living independently of each other,
if the lessor or a member of the lessor's family resides in one (1)
of the housing accommodations; or
2.
Rooms
for rent in a single-family dwelling unit, if the lessor or a member
of the lessor's family resides therein.
B.
The provisions of Section 225.030 prohibiting religious discrimination shall not apply to any 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 religious affiliation, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, national origin, handicap, familial status, sex or status as a recipient of public assistance.
C.
The provisions of Section 225.030 prohibiting discrimination on account of familial status shall not apply to:
Housing for older persons that is:
1.
Intended
for, and solely occupied by, persons sixty-two (62) years of age or
older;
2.
Intended
and operated for occupancy by at least one (1) person fifty-five (55)
years of age or older per unit; or
3.
Provided
under any State or Federal program that the Commission (applying standards
consistent with Section 213.040.9—10, RSMo.) determines is specifically
designed and operated to assist elderly persons, as defined in the
State or Federal program.
[Ord. No. 94-49 §5, 3-31-1994]
It shall be unlawful for any bank, savings 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 purchase, construction, repair or maintenance of a
dwelling, or to discriminate against any person in fixing the amount
of conditions of such loan, because of race, color, creed, religion,
religious affiliation, ancestry, national origin, handicap, familial
status, sex or status as a recipient of public assistance.
[Ord. No. 94-49 §6, 3-31-1994; Ord. No. 05-142 §1, 9-27-2005]
A.
Every
complaint of a violation of this Chapter shall be referred to the
St. Charles County Director of the Department of Community Development.
The Director 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
after investigation, the Director finds that there is no merit to
the complaint, the Director shall dismiss it. But if the Director
finds that there is merit in the complaint, the Director shall endeavor
to eliminate the alleged discriminatory practice by conference and
conciliation.
B.
If the
Director is unable to eliminate the alleged discriminatory practice
by conference and conciliation, then the Director shall forward the
complaint to the County Counselor, who shall have discretion to prosecute
or not prosecute that complaint.
[Ord. No. 94-49 §7, 3-31-1994]
A.
Any person
convicted of a violation of this Chapter shall be guilty of a misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000.00)
in the case of an individual, or five thousand dollars ($5,000.00)
in the case of a firm, or by imprisonment for not more than one (1)
year, or by both.
B.
Instead
of or in addition to an action for fines and/or imprisonment, the
County Counselor may maintain an action for an injunction in the appropriate
Circuit Court of the State of Missouri, in order to have the alleged
discriminatory practices abated.
