City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2097-02, adopted June 26, 2002, repealed sections 220.010 — 220.070 in their entirety and enacted the new provisions set out herein. Former sections 220.010 — 220.070 derived from ord. no. 1265 §§1 — 7, 8-14-1989. Subsequently ord. no. 2253-04 replaced all the information herein. We have kept all referencing within history notes.
[Ord. No. 2097-02, 6-26-2002; Ord. No. 2253-04 §1, 3-16-2004]
The City Council of the City of Smithville 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 Smithville for the protection of the public welfare, prosperity, health and peace of the people of Smithville, Missouri.
[Ord. No. 2097-02, 6-26-2002; Ord. No. 2253-04 §1, 3-16-2004]
For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein unless the context otherwise indicates.
AGGRIEVED PERSON
Any person who is attempting to provide housing for himself and/or his family in the City of Smithville.
DISCRIMINATE
Distinctions in treatment because of race, color, religion, sex, handicap, familial status or national origin of any person.
PERSON
Any individual, firm, partnership or corporation.
[Ord. No. 2097-02, 6-26-2002; Ord. No. 2253-04 §1, 3-16-2004]
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, 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 of 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. 2097-02, 6-26-2002; Ord. No. 2253-04 §1, 3-16-2004]
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, construction, 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. 2097-02, 6-26-2002; Ord. No. 2253-04 §1, 3-16-2004; Ord. No. 2286-04 §1, 6-15-2004]
A. 
There is hereby created a Fair Housing Committee whose membership shall consist of five (5) full members of the Board of Adjustment or their alternates as further provided in Section 400.625 of the Zoning Ordinance of the City of Smithville.
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 United States 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. 2097-02, 6-26-2002; Ord. No. 2253-04 §1, 3-16-2004]
A. 
Any person convicted in Municipal Court of a violation of this Chapter shall be punished by a fine of (not more than) two hundred dollars ($200.00), by confinement in the City Jail for (not more than) thirty (30) days, or both such fine and imprisonment.
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.