[HISTORY: Adopted by ordinance 6-14-1993; amended 11-9-1998 by Ord. No. 80. Subsequent amendments noted where
applicable.]
The City Council of the City of Moscow Mills 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 ordinance shall
be deemed an exercise of the police powers of the City of Moscow Mills,
Missouri, for the protection of the public welfare, prosperity, health
and peace of the people of Moscow Mills.
For the purpose of this ordinance the following terms, phrases,
words and their derivations shall have the meaning given herein unless
the context otherwise indicates.
Includes any person who is attempting to provide housing
for himself and/or his family in the City of Moscow Mills, Missouri.
Distinctions in treatment because of race, color, religion,
sex, handicap, familial status, or national origin of any person.
Includes any individual, form, partnership or corporation.
A.
It shall be a discriminatory practice and a violation of this ordinance
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.
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, sex, religion, 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 or 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 sold, rented, or made available; or any
person associated with that buyer or renter. The design and construction
of new multifamily dwelling containing four 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.
Discrimination 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.
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, constructing, 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.
A.
The provisions of this ordinance, and particularly § 102.030 hereof, shall not apply to the following:
1.
A rental or leasing of a dwelling unit in a building which contains
housing accommodations for not more than two families living independently
of each other, if the owner or members of his family reside in such
dwelling unit.
2.
A rental or leasing to less than five persons living in a dwelling
unit by the owner if the owner or members of his family reside therein.
3.
Any single family house sold to or rented by an owner, provided that
such house is sold or rented:
a.
Without the use of sales or rental facilities or services of real
estate brokers, agents, salesmen, or persons in the business of selling
or renting dwelling, and
b.
Without the publication, posting or mailing of any advertisement
in violation of Section 102.030.3 of this ordinance, provided however,
that:
(1)
Nothing in this provision shall prohibit the use of attorneys,
escrow agents, abstractors, title companies, and other such professional
assistance as necessary to perfect or transfer the title, and
(2)
That any such private individual owner does not own any interest
in, nor is there owned or reserved on his behalf, under any express
or voluntary agreement, title to or any right to all or a portion
of, the proceeds from the sale or rental of more than three such single
family houses at any one time.
4.
For the purposes of Subsection A4, a person shall be in the business
of selling or renting dwelling if:
a.
He has, within the preceding 12 months, participated as principal
in three or more transactions involving the sale or rental of any
dwelling or any interest therein, or
b.
He has, within the preceding 12 months, participated as agent, other
than in the sale of his own personal residence in providing sales
or rental facilities or sales or rental services in two or more transactions
involving the sale or rental of any dwelling or any interest therein,
or
c.
He is the owner of any dwelling designed or intended for occupancy
by, or occupied by, five or more families.
A.
There is hereby created a Fair Housing Committee whose Committee
whose membership shall consist of five members, who shall be appointed
by the Mayor with the approval of the City Council.
B.
Every complaint of a violation of this ordinance shall be referred
to the 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 a 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 ordinance shall be construed in such manner as to
limit administrative enforcement mechanisms and recourse against alleged
discriminatory housing practices through the U.S. 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.
A.
Any person convicted of a violation of this ordinance shall be punished
by a fine of not more than $200 or by confinement in the City Jail
for not more than 30 days, or by 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.
If any section, subsection, paragraph, sentence, clause, or
phrase of these standards shall be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this ordinance which shall continue in full force and effect. To
this end the provisions of this ordinance are hereby declared to be
severable.
This ordinance shall not affect violations of any other ordinance,
code or regulation of the City of Moscow Mills existing prior to the
effective date hereof. Any such violations shall be governed and shall
continue to be punishable to the full extent of the law under the
provisions of those ordinance, codes, or regulations in effect at
the time the violation was committed.
