[R.O. 1991 § 220.010; Ord. No. 2097-02, 6-26-2002; Ord. No. 2253-04 § 1, 3-16-2004]
The Board of Aldermen 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, disability, 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.
[R.O. 1991 § 220.020; 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.
Any person who is attempting to provide housing for himself/herself
and/or his/her family in the City of Smithville.
Distinctions in treatment because of race, color, religion,
sex, disability, familial status or national origin of any person.
Any individual, firm, partnership or corporation.
[R.O. 1991 § 220.030; 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, disability, 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, disability, 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, disability, 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, disability, 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, disability,
familial status or national origin.
6.
Discriminate in the sale or rental
of housing on the basis of a disability 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 multifamily
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.
[R.O. 1991 § 220.040; 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 therefor 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, disability, familial status or
national origin of such person or of any person therein associated
in connection with such financing.
[R.O. 1991 § 220.050; 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.
[R.O. 1991 § 220.060; 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.
