City of Hazelwood, MO Chapter 230 Human Rights

Article I Fair Housing Code

Section 230.010 Definitions.

[CC 1997 §7.28; Ord. No. 2776-96, 7-17-1996]

For the purposes of this Article the following terms shall be deemed to have the meanings indicated below:

DISCRIMINATION

Any unfair treatment based on race, color, religion, national origin, ancestry, sex, handicap, or familial status as it relates to housing.

DWELLING

Any building, structure or portion thereof 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.

FAMILIAL STATUS

One (1) or more individuals who have not attained the age of eighteen (18) years being domiciled with:

1. A parent or another person having legal custody of such individual; or

2. The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

HOUSING FOR OLDER PERSONS

Means housing:

1. Provided under any State or Federal program that the Commission determines is specifically designed and operated to assist elderly persons, as defined in the State or Federal program;

2. Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

3. Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit.

Housing qualifies as housing for older persons under this Article if:
1.	The housing has significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
2.	At least eighty percent (80%) of the units are occupied by at least one (1) person fifty-five (55) years of age or older per unit; and
3.	The owner or manager of the housing has published and adhered to policies and procedures which demonstrate an intent by said owner or manager to provide housing for persons fifty-five (55) years of age or older.

PERSON

Includes one (1) or more individuals, corporations, partnerships, associations, organizations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other organized groups of persons.

RENT

Includes to lease, to sublease, to let and otherwise to grant for consideration the right to occupy premises not owned by the occupant.

UNLAWFUL DISCRIMINATORY PRACTICE

Any act that is unlawful under this Article, including coercion, intimidation, threats or interference with any person in the exercise or enjoyment of the rights to fair housing set out in this Article.

Section 230.020 Discrimination in The Sale or Rental of Housing — Unlawful.

[CC 1997 §7.29; Ord. No. 2776-96, 7-17-1996]

A. Regulations For The Sale Or Rental Of Housing. It shall be unlawful for any owner, real estate broker, salesman, or lending institution, either by themselves or through their officers, employees, agents or salesmen, or for any other 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 ancestry, color, handicap, marital status, familial status, national origin, race, religion, or sex;

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 ancestry, color, handicap, marital status, familial status, national origin, race, religion, or sex;

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 ancestry, color, handicap, marital status, familial status, national origin, race, religion, or sex, or an intention to make any such preference, limitation, or discrimination;

4. To advise any person because of ancestry, color, handicap, marital status, familial status, national origin, race, religion, or sex, 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 of a person or persons of a particular ancestry, color, handicap, marital status, familial status, national origin, race, religion, or sex.

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:

a. That buyer or renter;

b. A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c. Any person associated with that buyer or renter.

7. 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 a handicap of:

a. That person;

b. A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c. Any person associated with that person.

B. For purposes of Subsections (A), (C), and (D) discrimination includes:

1. 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 the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

2. 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

3. In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:

a. The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

b. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

c. All premises within such dwellings contain the following features of adaptive design:

(1) An accessible route into and through the dwelling;

(2) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(3) Reinforcements in bathroom walls to allow later installation of grab bars; and

(4) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

4. As used in Subparagraph (3), above, the term "covered multi-family dwelling" means:

a. Buildings consisting of four (4) or more units if such buildings have one (1) or more elevators; and

b. Ground floor units in other buildings consisting of four (4) or more units.

5. Compliance with the appropriate requirements of the American National Standard for Buildings and Facilities providing accessibility and usability for physically handicapped people, commonly cited as "ANSI A117.1," suffices to satisfy the requirements of Subsection (B)(3).

C. Discrimination In The Sale Or Rental Of Housing—Exemptions. Nothing in this Article 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 age, ancestry, color, creed, handicap, marital status, national origin, race, religion, or sex. Nor shall anything in this Article prohibit a private club, not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings 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.

D. Discrimination In The Financing Of Housing. 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:

1. Deny a loan or other financial assistance because of ancestry, color, handicap, marital status, familial status, national origin, race, religion, or sex to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling;

2. Discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance because of ancestry, color, handicap, marital status, familial status, national origin, race, religion, or sex;

3. Discriminate against any person associated with said applicant in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance because of ancestry, color, handicap, marital status, familial status, national origin, race, religion, or sex; or

4. Discriminate against the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given because of ancestry, color, handicap, marital status, familial status, national origin, race, religion, or sex.

E. Discrimination In The Provision Of Brokerage Services. 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 him in the terms or conditions of such access, membership, or participation, on account of ancestry, color, handicap, marital status, familial status, national origin, race, religion, or sex.

Section 230.030 Solicitation — Sale or Rental of Dwellings — Unlawful.

[CC 1997 §7.30; Ord. No. 2776-96, 7-17-1996]

A. Solicitation. It shall be unlawful for any real estate corporation, partnership, firm or association, or for any person acting as a real estate agent, salesman, or broker, or for any agent, employee, or person acting on their behalf to solicit or induce, or attempt to solicit or induce, in any manner or by any means, including, but not limited to, the use of the mails, telegraph, letters, flyers, leaflets, circulars, telephone, door-to-door solicitation or any other type of written or oral personal contact, any person having any interest in a dwelling, including occupant, to sell, lease, rent, move from or otherwise dispose of or change his interest in said dwelling.

B. Exemptions. Subsection (A) above shall not be applicable to:

1. Any solicitation or attempted solicitation to sell, lease, rent, move from, or otherwise dispose of or change interest in any vacant land;

2. Any solicitation or attempted solicitation to sell, lease, rent, move from, or otherwise dispose of or change interest in any dwelling, said solicitation or attempted solicitation being publicly broadcast on television or radio or placed in a newspaper or magazine of general circulation;

3. Any solicitation or attempted solicitation to sell, lease, rent, move from, or otherwise dispose of or change interest in any dwelling or other property for the purpose of acquiring tracts of real property for the purpose of residential, commercial, industrial or recreational development;

4. Any solicitation or attempted solicitation to sell, lease, rent, move from, or otherwise dispose of or change interest in any dwelling or other property whose owner or occupant has listed or advertised such property for sale or rent.

C. Steering—Sale Or Rental Of Dwellings—Unlawful. It shall be unlawful for any real estate corporation, partnership, firm or association, or for any person acting as a real estate agent, salesman or broker, or for any agent, employee or person acting in their behalf, to:

1. Influence or attempt to influence any person who represents himself to be a prospective purchaser, occupant, or tenant of a dwelling to refrain from purchasing or renting a dwelling by referring to age, ancestry, color, creed, handicap, marital status, national origin, race, religion, or sex of occupants or prospective occupants of other dwellings in the neighborhood;

2. Discriminate against any person who represents himself to be a prospective seller, purchaser, occupant, landlord or tenant of a dwelling, by any influence, suggestion, act or failure to act, or accord any differential treatment among such persons, in connection with the sale or rental of a dwelling or in the furnishing of information, services, or facilities relative thereto because of age, ancestry, color, creed, handicap, marital status, national origin, race, religion, or sex of any person.

Section 230.040 Exemptions.

[CC 1997 §7.31; Ord. No. 2776-96, 7-17-1996]

A. Nothing in this Article shall be construed to:

1. Require the City to review or approve the plans, designs or construction of all covered dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of this Article.

2. To invalidate or limit any law of the City, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this Article.

B. Nothing in this Article:

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 Sections 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 Article, other than the prohibitions against discriminatory advertising, 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 owner 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 or 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 (24) month 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 residence.

Section 230.050 Complaint Procedures.

[CC 1997 §7.32; Ord. No. 2776-96, 7-17-1996; Ord. No. 3281-01 §1, 8-15-2001]

Any person who claims to have been injured or who will be injured by a violation of this Article may file a complaint. The written complaint should be addressed to: The City Manager, City of Hazelwood, 415 Elm Grove Lane, Hazelwood, Missouri, 63042, [phone], and should be filed within one hundred eighty (180) days after the complainant becomes aware of the alleged violation. The complaint should contain the name and address of the person filing it, and a brief description of the alleged violation of the regulations. For purposes of this Section, all days of violation with respect to one (1) dwelling shall be taken to mean one (1) occurrence. The City Manager shall promptly forward complaints to the Community Enrichment Commission for investigation, and the Community Enrichment Commission shall provide a copy of the complaint to the person or persons who allegedly committed or who are about to commit the alleged discriminatory practice. An investigation, as may be appropriate, shall follow the filing of a complaint. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the Community Enrichment Commission, and a copy shall be forwarded to the complainant no later than thirty (30) days after its filing. The City Manager shall maintain all files and records of the City relating to the complaints filed. The complainant may request a reconsideration of a case in instances where he is dissatisfied with the resolution. The request for reconsideration should be made within ten (10) days to the Community Enrichment Commission. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies, and utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.

Section 230.060 Penalty.

[CC 1997 §7.33; Ord. No. 2776-96, 7-17-1996]

Upon conviction, any person, firm, or corporation violating any of the provisions of this Article shall be punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. Each day a violation exists it shall be considered a separate offense.

Article II Discrimination

Section 230.070 Handicapped Complaint Procedures.

[CC 1997 §35.3; Ord. No. 1761-84, 10-17-1984; Ord. No. 1771-84, 11-14-1984; Ord. No. 3281-01 §2, 8-15-2001]

A. The City of Hazelwood hereby adopts an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the office of Revenue Sharing (ORS), U.S. Department of the Treasury, regulations (31 C.F.R. 51.55 (d)(2)) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794). Section 504 states, in part, that "no otherwise qualified handicapped individual...shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance..."

1. A complaint should be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.

2. A complaint should be filed within ninety (90) days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before the effective date of this grievance procedure will be considered on a case-by-case basis.) Complaints should be addressed to: The City Manager, City of Hazelwood, 415 Elm Grove Lane, Hazelwood, Missouri, 63042, [phone], who has been designated to coordinate Section 504 compliance efforts. The City Manager shall forward complaints promptly to the Community Enrichment Commission for investigation, and the Community Enrichment Commission shall provide a copy of the complaint to the person or persons who allegedly committed or are about to commit the alleged discriminatory practice.

3. An investigation, as may be appropriate, shall follow a filing of a complaint. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 31 C.F.R. 51.55(d)(2), the City of Hazelwood need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.

4. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the Community Enrichment Commission, and a copy forwarded to the complainant no later than thirty (30) days after its filing.

5. The City Manager, as Section 504 coordinator, shall maintain the files and records of the City of Hazelwood relating to the complaints filed.

6. The complainant may request a reconsideration of the case in instances where he is dissatisfied with the resolution. The request for reconsideration should be made within ten (10) days to the Community Enrichment Commission.

7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the office of Revenue Sharing, U.S. Department of the Treasury. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.

8. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the City of Hazelwood complies with Section 504 and the office of Revenue Sharing regulations.

Section 230.080 through Section 230.090. (Reserved) [1]

[1] Editor's Note—Sections 230.080 and 230.090, and Article III consisting of said Sections 230.080 and 230.090, of Chapter 230 of Title II of the Hazelwood Municipal Code, which created and organized the Human Relations Commission are hereby repealed by ord. no. 3281-01 §3, adopted on August 15, 2001. From and after the effective date of this ordinance the Hazelwood Human Relations Commission shall be abolished. Former section 230.080 derived from CC 1997 §35.1 and ord. no. 2877-97, 7-16-1997. Former section 230.090 derived from CC 1997 §35.2.