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City of Chesterfield, MO
St. Louis County
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Table of Contents
Table of Contents
Cross reference — Municipal court, Ch. 19.
State law reference — Human rights, RSMo. Ch. 213.
[1]
Editor's Note: Ord. No. 863, § 1, adopted December 20, 1993, repealed Art. II, §§ 9-16 — 9-27, which pertained to the fair housing code. Sections 2 — 13 enacted new provisions designated by the editor as new Art. II, §§ 9-16 — 9-27, to read as herein set out. See the Code Comparative Table.
Cross references — Buildings and building regulations, Ch. 7; unified development, Ch. 31.
[Ord. No. 863, § 2, 12-20-1993]
This article shall be known and may be cited as the "Fair Housing Ordinance of the City of Chesterfield".
[Ord. No. 863, § 3, 12-20-1993]
It is hereby declared to be the policy of the City and the purpose of this article, in the exercise of its police and regulatory powers for the protection of the public safety, for the health, morals, safety and welfare of the persons in and residing in the City, and for the maintenance and promotion of commerce, industry, and good government in the City, and to promote and protect fair housing opportunities throughout the City and to acknowledge the value of diversity within our community, to secure to all persons living and/or working, or desiring to live and/or work in the City of Chesterfield, an equal opportunity to view, purchase, lease, rent or occupy real estate without discrimination based on race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin.
[Ord. No. 863, § 4, 12-20-1993]
If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of this article and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
[Ord. No. 863, § 5, 12-20-1993; Ord. No. 3058, 6-3-2019]
For the purpose of this article:
AGE CLASSIFICATION
Includes any person eighteen (18) years of age or older.
CHILD
Any person under the age of eighteen (18) who is a member of a family.
COMMISSION
The Missouri Commission on Human Rights.
DISCRIMINATION OR DISCRIMINATE
To make distinction in treatment of any person because of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin.
DWELLING UNIT
A room or group of rooms designed for occupancy by one family with eating, sleeping and living facilities or lodging rooms.
LEASE OR LEASING
Includes and means rent, renting, assignment, sublease and subletting.
LENDING INSTITUTION
Any bank, insurance company, savings and loan association, other person in the business of lending money or guaranteeing loans, any person in the business of obtaining, arranging, or negotiating loans or guarantees as agent or broker, and any person in the business of buying or selling loans or instruments for the payment of money which are secured by title to or a security interest in real estate.
MANAGER
A person who as owner or agent of the owner or owners has the principal responsibility for the management of five (5) or more dwelling units for rent within the City and performs or employs others to perform the services associated with the letting and maintenance of said rental units.
OWNER
Any person who holds legal or equitable title to, or owns any beneficial interest in, any real property or who holds legal or equitable title to shares of, or holds any beneficial interest in, any real estate cooperative which owns any real property or any person who is acting as the agent, manager or employee of the owner.
PERSON
Includes one or more individuals, corporations, partnerships, associations, legal representatives, mutual companies, unincorporated organizations, trusts, trustees, trustees in bankruptcy, receivers and fiduciaries.
PURCHASE
Includes any contract to purchase.
REAL ESTATE BROKER
Any person licensed as a real estate broker in accordance with the provisions of Chapter 339 RSMo. or required thereby to be so licensed.
REAL ESTATE TRANSACTION
The purchase, sale, exchange or lease of any real property and an option to do any of the foregoing.
REAL PROPERTY
Any real estate improved or unimproved, within the City limits, including rooming units.
SALE
Includes any contract to sell, exchange or to convey, transfer or assign legal or equitable title to or a beneficial interest in real property.
STEERING
To encourage or discourage the sale or rental of real property because of the race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin of persons in the neighborhood in which the property is located. This shall include but is not limited to directing persons into or away from areas because of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin of persons in the area or purported to be moving into the area.
[Ord. No. 863, § 6, 12-20-1993]
(a) 
No person, including but not limited to, any owner, manager, lessee or sublessee of real property, real estate broker, lender, financial institution, advertiser, real estate appraiser, or agent of any of the foregoing, shall discriminate against any other person (or discriminate against such person because of the race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status) in regard to the sale or rental of or dealings concerning real property. Any such discrimination shall be unlawful. Without limiting the foregoing, it shall also be unlawful discrimination for any person to:
(1) 
Policies and publicity. Advertise, publish, display or circulate or cause to be published, displayed, advertised or circulated, either in writing or orally, any notice, statement, communication, sign or advertisement, or to announce a policy, or to use any form of application for the purchase, lease, rental, or financing of real property, or to make any record or inquiry in connection with the prospective purchase, rental or lease of real property, which expresses directly or indirectly any discrimination, or any intent to discriminate.
(2) 
Discriminate in lending. Discriminate or to participate in discrimination in connection with borrowing or lending money, guaranteeing loans, accepting mortgages, or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repairs or maintenance of any real property in the City.
(3) 
Inducing sales. Distribute or cause to be distributed written material or statements designed to induce any person to sell or lease real property because of the alleged or actual or because of any present or prospective change in the race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin of persons in the City or neighborhood.
(4) 
Misrepresentation. Make any misrepresentations concerning the listing for sale or the anticipated listing for sale or the sale of any real property for the purpose of inducing or attempting to induce the sale or listing for sale of any real property by representing that the presence or anticipated presence of persons of any particular race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status, or national origin in the area will or may result in lowering of real property values in the block, neighborhood or area in which the property is located.
(5) 
Refusal to sell. Refuse to sell or rent real property because of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin.
(6) 
Refusal to show records of available housing. Refuse to show to any person who has specified his needs, the list or other records identifying all real properties reasonably meeting such specifications.
(7) 
Withholding housing. Represent to any person that any real property is not available, or otherwise to withhold real property from any person because of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin.
(8) 
Refusal to show real estate. Refuse to show real estate because of the race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin of any prospective purchaser, lessee or tenant, or because of the race, color, religion, religious affiliation, sex, handicap, marital status, familial status or national origin of the residents in the area in which the property is located.
(9) 
Steering. Encourage or discourage the sale or rental or real property because of the race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin of persons in the neighborhood in which the property is located. This shall include but is not limited to directing persons into or away from areas because of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin of persons in the area or purported to be moving into the area.
(10) 
Evasion. Employ any person as a salesman or agent as a means of evading provisions of this article.
(11) 
Providing information. Volunteer oral or written information about the racial composition of a neighborhood unless such information is a factual, accurate and actual response to an unsolicited direct question.
(12) 
Information regarding complaints. Fail, within a reasonable time, to provide information requested by the person charged with enforcement of this article as a result of a complaint alleging a violation of this article.
(13) 
Rental application. Discriminate by denying, or unreasonably delaying the processing of a lease or rental application of a person, discriminate in the fixing of the fee or length of processing time, or other terms and conditions of such application process.
(14) 
Listing agreement. Entering into a listing agreement which discriminates against any person.
(b) 
Exemptions. This article shall not:
(1) 
Bar any religious or denominational institution or organization, or any charitable or educational organization operated, supervised or controlled by or in connection with a religious organization, from limiting living accommodations, or giving preference with respect thereto, to persons of the same religion or denomination.
(2) 
Apply to the leasing of rooms to roomers in a dwelling unit occupied by the owner or lessee of the entire premises as a family household having not more than two (2) roomers exclusive of salaried household employees living on premises.
(3) 
Prohibit the operation of: 1) Housing with at least one (1) person who is fifty-five (55) years of age or older in at least eighty percent (80%) of the occupied units, and adheres to a policy that demonstrates intent to house persons who are fifty-five (55) years of age or older; 2) Housing which is intended for, and solely occupied by, persons sixty-two (62) years of age or older; 3) Housing specifically designed and operated to assist elderly persons, as defined in a State or Federal program.
[Ord. No. 3058, 6-3-2019]
(4) 
Bar any charitable or educational organization from limiting to persons of the same sex the rental of living accommodations in facilities primarily providing single room occupancy.
(5) 
Include an individual whose only connection with the discrimination is his association with a group or entity which owns, manages, brokers, loans, advertises, or appraises the real property, unless that individual was involved in the discrimination personally.
[Ord. No. 863, § 7, 12-20-1993]
It shall be unlawful and a violation of this article for any lending institution to discriminate in making, agreeing to make, arranging or negotiating any loan or guarantee of funds for the purpose of financing the purchase or sale, construction, lease, rehabilitation, improvement, renovation, or repair of any real estate property, or to offer, seek or agree to terms, conditions or privileges that discriminate.
[Ord. No. 863, § 8, 12-20-1993]
It shall be unlawful and a violation of this article for any lending institution to refuse to negotiate for, enter into, or perform any agreement to lend or guarantee the loan of funds for the purchase, sale, construction, lease, rehabilitation, improvement, renovation, or repair of any real property because of discrimination.
[Ord. No. 863, § 9, 12-20-1993]
This article shall apply, respectively, to every person, including but not limited to, every owner, lending institution, real estate broker and manager who, within the City, performs any function relating to or in connection with a real estate transaction, whether or not such person maintains an office or place of doing business within the City; provided, however, that the provisions of this article shall not be so construed as to prohibit a person on behalf of the owner from inquiring into and reporting upon the qualifications of any prospective buyer or tenant with respect to limitations or exclusions other than those of race, color, religion, religious affiliation, sex, age, handicap, marital status, familial status or national origin.
[Ord. No. 863, § 10, 12-20-1993; Ord. No. 3058, 6-3-2019[1]]
Pursuant to the Missouri Human Rights Act, Missouri Revised Statute Sections 213.010 through 213.137, the Missouri Commission on Human Rights has jurisdiction to receive, investigate, initiate and pass upon complaints alleging discrimination in housing. Any complaint alleging a violation of this Article shall be filed in strict compliance with the Missouri Human Rights Act, Missouri Revised Statute Sections 213.010 through 213.137.
[1]
Editor's Note: Ord. No. 3058 also changed the title of this Section from "Powers and duties of commission" to "Filing a complaint."
[1]
Editor's Note: Former Sections 9-25, Proceedings before commission; 9-26, Private remedies; and 9-27, Penalty, were repealed 6-3-2019 by Ord. No. 3058.