Editor's Note — Ord. no. 3131 (009-010), adopted May 17,
2010, superseded ch. 230 "discrimination" and enacted new provisions
set out herein.
[Ord. No. 3131 §1, 5-17-2010]
The Board of Aldermen of the City of Harrisonville 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 Harrisonville
for the protection of the public welfare, prosperity, health and peace
of the people of Harrisonville, Missouri.
[Ord. No. 3131 §2, 5-17-2010]
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.
Includes any individual, firm, partnership or corporation.
Includes any person who is attempting to provide housing
for himself and/or his family in the City of Harrisonville, Missouri.
Distinctions in treatment because of race, color, religion,
sex, handicap, familial status or national origin of any person.
[Ord. No. 3131 §3, 5-17-2010]
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 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 the neighborhood or a person or persons of a particular
race, color, religion, sex, handicap, familial status 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 is so 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. 3131 §4, 5-17-2010]
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 maintaining
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. 3131 §5, 5-17-2010]
A.
There
is hereby created a Fair Housing Committee whose membership shall
consist of the Mayor and the Board of Aldermen.
B.
Every
complaint of a violation of this Chapter shall be referred to a Fair
Housing Committee. The Fair Housing 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 Fair Housing Committee, after
investigation, finds there is no merit to the complaint, the same
shall be dismissed. If the Fair Housing Committee finds that there
is merit in the complaint, in their opinion, then and in that event,
the Fair Housing 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
Fair Housing Committee shall forward said complaint to the City Attorney
for handling. 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. Department 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. 3131 §6, 5-17-2010]
A.
Any
person convicted in Municipal Court of a violation of this Chapter
shall be punished by a fine as established in the City's Comprehensive
Schedule of Fees[1] or by confinement in the City Jail for (not more than)
five (5) days, or both such fine and imprisonment.
[Ord. No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
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.
