Article I Discriminatory Practices
Section 245.010 Unlawful Housing Practices.
Section 245.020 Discrimination in Commercial Real Estate Loans.
Section 245.030 Discrimination in Selling or Renting By Real Estate Agencies Prohibited.
Section 245.040 Discrimination in Public Accommodations Prohibited — Exceptions.
Section 245.050 Additional Unlawful Discriminatory Practices.
Section 245.060 Exemptions.
Section 245.070 Reasonable Accommodation Policy and Procedure.
Section 245.010 Unlawful Housing Practices.
A.
It
shall be an unlawful housing practice:
1.
To refuse to sell or rent after the making of a bona fide offer,
to refuse to negotiate for the sale or rental of, to deny or otherwise
make unavailable a dwelling to any person because of race, color,
religion, national origin, ancestry, sex, disability or familial status.
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,
national origin, ancestry, sex, disability or familial status.
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, national origin, ancestry,
sex, disability or familial status, or an intention to make any such
preference, limitation or discrimination.
4.
To represent to any person because of race, color, religion, national
origin, ancestry, sex, disability or familial status that any dwelling
is not available for inspection, sale or rental when such dwelling
is in fact so available.
5.
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, color, religion,
national origin, ancestry, sex, disability or familial status.
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 disability
of:
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 disability
of:
B.
1.
A refusal to permit, at the expense of the person with the disability,
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.
3.
In connection with the design and construction of covered multi-family
dwellings for first (1st) 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 persons with a disability.
b.
All the doors designed to allow passage into and within all premises
within such dwellings are sufficiently wide to allow passage by persons
with a disability in wheelchairs.
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.
Section 245.020 Discrimination in Commercial Real Estate Loans.
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 because
of race, color, religion, national origin, ancestry, sex, disability
or familial status to a person applying therefor for the purpose of
purchasing, construction, improving, repairing or maintaining a dwelling,
or to discriminate against him/her in fixing of the amount, interest
rate, duration or other terms or conditions of such loan or other
financial assistance because of the race, color, religion, national
origin, ancestry, sex, disability or familial status of such person
or of any person associated with him/her in connection with such loan
or other financial assistance, or of the present or prospective owners,
lessees, tenants or occupants of the dwellings in relation to which
such loan or other financial assistance is to be made or given.
Section 245.030 Discrimination in Selling or Renting By Real Estate Agencies Prohibited.
It shall be unlawful to deny any person access to or membership
or participation in any multiple listing service, real estate brokers'
organization or other service organization or facility relating to
the business of selling or renting dwellings on account of race, color,
religion, national origin, ancestry, sex, disability or familial status.
Section 245.040 Discrimination in Public Accommodations Prohibited — Exceptions.
A.
All
persons within the City of Fenton are free and equal and shall be
entitled to the full and equal use and enjoyment within this State
of any place of public accommodation, as hereinafter defined, without
discrimination or segregation on the grounds of race, color, religion,
national origin, sex, ancestry or disability.
B.
It
is an unlawful discriminatory practice for any person, directly or
indirectly, to refuse, withhold from or deny any other person or to
attempt to refuse, withhold from or deny any other person any of the
accommodations, advantages, facilities, services or privileges made
available in any place of public accommodation, as defined in Section
213.010, RSMo., and this Section, or to segregate or discriminate
against any such person in the use thereof on the grounds of race,
color, religion, national origin, sex, ancestry or disability.
C.
The
provisions of this Section shall not apply to a private club, a place
of accommodation owned by or operated on behalf of a religious corporation,
association or society or other establishment which is not in fact
open to the public, unless the facilities of such establishments are
made available to the customers or patrons of a place of public accommodation
as defined in Section 213.010, RSMo., and this Section.
Section 245.050 Additional Unlawful Discriminatory Practices.
A.
It
shall be an unlawful discriminatory practice:
1.
To aid, abet, incite, compel or coerce the commission of acts prohibited
under this Chapter or to attempt to do so;
2.
To retaliate or discriminate in any manner against any other person
because such person has opposed any practice prohibited by this Chapter
or because such person has filed a complaint, testified, assisted
or participated in any manner in any investigation, proceeding or
hearing conducted pursuant to this Chapter;
3.
For the City to discriminate on the basis of race, color, religion,
national origin, sex, ancestry, age, as it relates to employment,
disability or familial status as it relates to housing; or
4.
To discriminate in any manner against any other person because of
such person's association with any person protected by this Chapter.
Section 245.060 Exemptions.
A.
Nothing
in this Chapter shall be construed to invalidate or limit any law
of the State or of the City that requires dwellings to be designed
and constructed in a manner that affords persons with disabilities
greater access than is required by this Chapter.
B.
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 Chapter 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 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 lodging to its members or
from giving preference to its members.
D.
Nothing in this Chapter, other than the prohibitions against discriminatory advertising in Subsection (A)(3) of Section 245.010, 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/her residence.
Section 245.070 Reasonable Accommodation Policy and Procedure.
[Ord. No. 3549 §5, 10-22-2015]
A.
Purpose.
1.
This Section implements the policy of the City of Fenton on
requests for reasonable accommodation in its rules, policies and procedures
for persons with disabilities as required by the Fair Housing Act,
as amended, 42 U.S.C. Section 3604(f)(3)(B) and Title II of the Americans
with Disabilities Act, 42 U.S.C. Section 12132. The policy of the
City of Fenton is to comply fully with the provisions of the Fair
Housing Act and Title II of the Americans with Disabilities Act.
2.
Any person with disabilities and eligible under the Fair Housing
Act or Title II of the Americans with Disabilities Act may request
a reasonable accommodation with respect to the various land use or
zoning laws, rules, policies, practices and/or procedures of the City
as provided by the Fair Housing Act and Title II of the Americans
with Disabilities Act pursuant to the procedures set out in this Section.
3.
Nothing in this Section requires persons with disabilities or
operators of group homes for persons with disabilities acting or operating
in accordance with applicable zoning, licensing or land use laws or
practices to seek reasonable accommodation under this Section.
B.
Definitions. As used in this Section, the following
terms should have these prescribed meanings:
- ACTS
- Collectively, the FHA and the ADA.
- ADA
- Title II of the Americans with Disabilities Act, 42 U.S.C. Section 12131 et seq., and its implementing regulations, 28 C.F.R. Part 35.
- APPLICANT
- An individual, group or entity making a request for reasonable accommodation pursuant to this Section.
- DEPARTMENT
- The Community Development Department of the City of Fenton.
- DISABLED PERSON
- Any person who is "handicapped" within the meaning of 42 U.S.C. Section 3602(h) or a "qualified individual with a disability" within the meaning of 42 U.S.C. Section 12131(2).
- DWELLING
- A "dwelling" as defined in 42 U.S.C. Section 3602(b).
- FHA
- The Fair Housing Act, Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. Sections 3601 et seq., as may be amended.
C.
Notice To The Public Of Availability Of Accommodation Process. The Department shall prominently display a notice at the counter
in the Department advising those with disabilities or their representatives
that they may request a reasonable accommodation in accordance with
the procedures established in this Section.
D.
Requesting Reasonable Accommodation. In order to
make specific housing available to one (1) or more individuals with
disabilities, a disabled person or a person acting on his or her behalf
at his or her request (collectively, the applicant) may request a
reasonable accommodation relating to the various land use or zoning
rules, policies, practices and/or procedure of the City applicable
to such housing.
1.
A request by an applicant for reasonable accommodation relating
to land use or zoning rules, policies, practices and/or procedures
shall be made orally or in writing on a reasonable accommodation request
form provided by the Department. The form shall contain:
a.
The current zoning for the property;
b.
The name, phone number and address of the owner of the fee interest
of the property (if other than the applicant);
c.
The nature of the disability that requires the reasonable accommodation.
In the event that the specific individuals who are expected to reside
at the property are not known to the applicant in advance of making
the application, the applicant shall not be precluded from filing
the application, but shall submit details describing the range of
disabilities that prospective residents are expected to have to qualify
for the housing. The applicant shall notify the Department, in the
event the residents at the location are not within the range described.
The Department shall then determine if an amended application and
subsequent determination of reasonable accommodation is appropriate;
d.
The specific type of accommodation requested by the applicant.
To the extent practicable, this portion should include information
concerning the impact of the reasonable accommodation on the adjoining
properties and area, the number of people who are expected to be availing
themselves of the reasonable accommodation, the estimated number of
people in an average week who will be necessary to provide services
to the person(s) with disabilities at the property on an on-going
basis, whether or not this type of reasonable accommodation is required
to obtain a license from any State or County authority to operate,
and any other information the applicant thinks would assist in determining
the reasonableness of the accommodation;
e.
The applicant should also note, if known, whether this accommodation
requires any additional licensure from the City; and
f.
Whether the accommodation requested may be necessary to afford
one (1) or more disabled persons equal opportunity to use and enjoy
a specific dwelling.
|
The Department will assist the applicant with furnishing the
Department all information necessary for processing the reasonable
accommodation request, including that information which the Department
deems necessary to complete a reasonable accommodation request form.
Upon the City's receipt of the necessary information to process
the applicant's request for reasonable accommodation, the Department
shall use the information to complete a reasonable accommodation request
form.
|
2.
The Department will provide the assistance necessary to an applicant
in making a request for reasonable accommodation. The Department will
provide the assistance necessary to any applicant wishing to appeal
a denial of a request for reasonable accommodation to ensure the process
is accessible to the applicant. The applicant is entitled to be represented
at all stages of the proceedings identified in this Section by a person
designated by the applicant.
3.
Should the information provided by the applicant to the Department
include medical information or records of the applicant, including
records indicating the medical condition, diagnosis or medical history
of the applicant, the applicant may, at the time of submitting such
medical information, request that the Department, to the extent allowed
by law, treat such medical information as confidential information
of the applicant.
4.
The Department shall provide written notice to the applicant,
and any person designated by the applicant to represent the applicant
in the application proceeding, of any request received by the Department
for disclosure of the medical information or documentation which the
applicant has previously requested be treated as confidential by the
Department. The Department will cooperate with the applicant, to the
extent allowed by law, in actions initiated by the applicant to oppose
the disclosure of such medical information or documentation.
E.
Jurisdiction.
1.
Director/designee. The director of the Department,
or their designee (director/designee), shall have the authority to
consider and act on requests for reasonable accommodation. When a
request for reasonable accommodation is filed with the Department,
it will be referred to the director/designee for review and consideration.
The director/designee shall issue a written determination within thirty
(30) days of the date of receipt of a completed application and may:
a.
Grant the accommodation request, or
b.
Deny the request, in accordance with Federal law. Any such denial
shall be in writing and shall state the grounds therefor. All written
determinations shall give notice of the right to appeal and the right
to request reasonable accommodation in the appeals process. The notice
of determination shall be sent to the applicant by certified mail,
return receipt requested, and by regular mail.
2.
If reasonably necessary to reach a determination on the request
for reasonable accommodation, the director/designee may, prior to
the end of said thirty-day period, request additional information
from the applicant, specifying in detail what information is required.
The applicant shall have fifteen (15) days after the date of the request
for additional information to provide the requested information. In
the event a request for additional information is made, the thirty-day
period to issue a written determination shall be stayed. The director
shall issue a written determination within thirty (30) days after
receipt of the additional information. If the applicant fails to provide
the requested additional information within said fifteen-day period,
the director shall issue a written determination within thirty (30)
days after expiration of said fifteen-day period.
F.
Findings For Reasonable Accommodation. The following
findings, while not exhaustive of all considerations and findings
that may be relevant, must be made before any action is taken to approve
or deny a request for reasonable accommodation and must be incorporated
into the record relating to such approval or denial:
1.
Whether the accommodation requested may be necessary to afford
one (1) or more persons with disabilities equal opportunity to use
and enjoy a specific dwelling;
2.
Whether the requested accommodation would require a fundamental
alteration to the City's zoning scheme; and
3.
Whether the requested accommodation would impose undue financial
or administrative burdens on the City.
|
A request for a reasonable accommodation shall not be denied
for reasons which violate the provisions of the Acts. This Section
does not obligate the City to grant any accommodation request unless
required by the provisions of the Acts or applicable Missouri State
law.
|
G.
Appeals.
1.
Within thirty (30) days after the date the director/designee mails a written adverse determination, under Subsection (E) of this Section, to the applicant, the applicant requesting reasonable accommodation may appeal the adverse determination.
2.
All appeals shall contain a statement of the grounds for the
appeal.
3.
If an individual applicant needs assistance in appealing a determination,
the Department will provide the assistance necessary to ensure that
the appeal process is accessible to the applicant. All applicants
are entitled to be represented at all stages of the appeal proceeding
by a person designated by the applicant.
4.
Appeals shall be to the Board of Adjustment who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than forty-five (45) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Subsection (F) of this Section and shall be consistent with the Acts.
5.
An applicant may request reasonable accommodation in the procedure
by which an appeal will be conducted.
H.
Fee. The City shall not impose any additional fees
or costs in connection with a request for reasonable accommodation
under the provisions of this Section or an appeal of a denial of such
request by the director/designee. Nothing in this Section obligates
the City to pay an applicant's attorney fees.
I.
Stay Of Enforcement. While an application for reasonable
accommodation or appeal of a denial of said application is pending
before the City, the City will not enforce the subject zoning ordinance
against the applicant.
J.
Recordkeeping. The City shall maintain records of
all oral and written requests submitted under the provisions of this
Section, and the City's responses thereto, as required by State
law.