[Ord. No. 820 §1, 3-11-2013][1]
As used in this Chapter, the following terms shall have the
meanings indicated:
The Board of Aldermen acting as the Community Relations Advisory
Commission of the City of Oakland.
An act that is unlawful under Chapter 220.
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.
Includes a single individual.
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.
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.
Includes to lease, to sublease, to let and otherwise grant
for a consideration the right to occupy premises not owned by the
occupant.
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Editor's Note: Section 1 of this ordinance superseded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.
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.
