City of Oakland, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 820 §1, 3-11-2013][1]
As used in this Chapter, the following terms shall have the meanings indicated:
COMMISSION
The Board of Aldermen acting as the Community Relations Advisory Commission of the City of Oakland.
DISCRIMINATORY HOUSING PRACTICE
An act that is unlawful under Chapter 220.
DWELLING
Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one 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.
FAMILY
Includes a single individual.
GENDER IDENTITY
The gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth.
PERSON
Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.
RENT
Includes to lease, to sublease, to let and otherwise grant for a consideration the right to occupy premises not owned by the occupant.
SEXUAL ORIENTATION
An individual's real or perceived heterosexuality, homosexuality or bisexuality.
[1]:
Editor's Note: Section 1 of this ordinance superseded former Sections 220.010 — 220.050, and Section 2 renumbered former Section 220.060 as Section 220.080.
[Ord. No. 820 §1, 3-11-2013]
A. 
It shall be unlawful for any 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 race, color, religion, national origin, ancestry, sex, disability, familial status, sexual orientation or gender identity.
2. 
To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provisions of service or facilities in connection therewith, because of race, color, religion, national origin, ancestry, sex, disability, familial status, sexual orientation or gender identity or an intention to make any such preference, limitation or discrimination.
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, sexual orientation or gender identity.
4. 
To represent to any person, because of race, color, religion, national origin, ancestry, sex, disability, familial status, sexual orientation or gender identity 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, national origin, ancestry, sex, disability, familial status, sexual orientation or gender identity.
[Ord. No. 820 §1, 3-11-2013]
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 to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him/her in the 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, familial status, sexual orientation or gender identity of such person, of any person associated with him/her in connection with the loan or other financial assistance, or of the prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which the loan or other financial assistance is to be made or given; however, nothing contained in this Section shall impair the scope or effectiveness of the exception contained in Section 220.080, Subsection (B)(1) and (B)(2).
[Ord. No. 820 §1, 3-11-2013]
It shall be unlawful for any person to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other services, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him/her in the terms or conditions of such access, membership or participation, on account of race, color, religion, national origin, ancestry, sex, disability, familial status, sexual orientation or gender identity.
[Ord. No. 820 §1, 3-11-2013]
A. 
All persons within the City of Oakland are free and equal and shall be entitled to the following equal use and enjoyment within the City at any place of public accommodation without discrimination or segregation on account of race, color, religion, national origin, ancestry, sex, disability, familial status, sexual orientation or gender identity.
B. 
It is an unlawful discriminatory practice for any person, directly or indirectly, to refuse, withhold from or deny any other person or 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 §213.010, RSMo., or segregate or discriminate against any such person and the use thereof on the grounds of race, color, religion, national origin, ancestry, sex, disability, familial status, sexual orientation or gender identity.
C. 
The provisions of this Section shall not apply to a private club, 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 §213.010, RSMo.
[Ord. No. 820 §1, 3-11-2013]
No person, group, organization, association, corporation or other entity who has obtained a permit from the City of Oakland, pursuant to this Chapter, shall discriminate against any qualified participants in any activities to be undertaken pursuant to such permit on the basis of race, color, religion, national origin, ancestry, sex, disability, familial status, sexual orientation or gender identity.
[Ord. No. 820 §1, 3-11-2013]
The authority and responsibility for administering this code shall be in the Commission. The Commission shall administer this code in a manner affirmatively to further the policies of this code and to prevent or eliminate discriminatory housing practices. The Commission shall cooperate with and render technical assistance through Federal, State, or other public or private agencies, organizations, and institutions which are formulating or carrying out programs to prevent or eliminate discriminatory housing practices.
[Ord. No. 820 §1, 3-11-2013]
A. 
Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter "complainant") may file a complaint with the Commission. The Commission shall furnish a copy of the same to the person or persons who allegedly committed or are about to commit the alleged discriminatory housing practice. A complaint shall be filed within sixty (60) days after the alleged discriminatory housing practice occurred. Complaints shall be in writing, shall state the facts upon which the allegations of a discriminatory housing practice are based, and shall contain such information and be in such form as the Commission may require. A respondent may file an answer to the complaint against him. Both complaints and answers shall be verified and may be reasonably and fairly amended at any time.
B. 
Within thirty (30) days after receiving a complaint, the Commission shall investigate and determine if cause exists for the allegations made in the complaint. The Commission may request the assistance of the City Administrator or his designees in its investigations. If the Commission finds cause for the complaint, it shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation and persuasion. The complaint shall be dismissed if the Commission finds no cause, and the complainant shall be notified of the Commission's actions.
C. 
If conciliation efforts fail, the Commission shall promptly set a date for hearing of the matters alleged in the complaint and subsequent occurring related matters. A written notice, given at least ten (10) days prior to the hearing, shall be issued and served in the name of the Commission, together with a copy of the complaint, as it may have been amended by the complainant or by the Commission, requiring the respondent to answer the charges of the complaint at a hearing before the Commission, at a time and place to be specified in the notice. Hearings shall be conducted in a fair and impartial manner, and the Commission may promulgate rules of procedure should the need arise. The complainant and respondent may appear at the hearing with or without counsel and may present proof, examine witnesses and in all manners be fully heard. The Commission has the power reasonably and fairly to amend any complaint either prior to or during the hearing in accordance with facts developed by the investigation or adduced in evidence in the hearing, and the respondent has like power to amend his answer in the same manner. The testimony taken at the hearing shall be under oath.
D. 
Within thirty (30) days after a hearing pursuant to this Section, the Commission shall make its determination. If a majority of the members of the Commission in attendance of the hearing do not find that a discriminatory act has occurred, the complaint shall be dismissed by the Commission. If a like majority finds that a discriminatory housing practice has occurred, the Commission shall certify the case to the City Prosecutor for appropriate action.
E. 
Upon certification by the Commission, the City Prosecutor shall institute a charge in the Municipal Court against the alleged violator and shall prosecute same to a final conclusion.
[Ord. No. 820 §1, 3-11-2013]
Any person who shall commit a discriminatory housing practice in violation of this Chapter shall, upon conviction thereof, be punished for each violation by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).
[Ord. No. 820 §2, 3-11-2013]
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. 
Nothing in Sections 220.010, 220.020 and 220.030:
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 220.010, 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.