City of pleasant hope missouri municipal code

Chapter 265 - Fair Housing

Section 265.010: Definitions

Sub Section A. 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.

1. 
   The word “person” shall include one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
   

2. 
   The phrase "unlawful discriminatory housing practice" shall mean any discrimination or segregation or separation against any person or group of persons because of race, sex, national origin or ancestry, and religion, and shall include only those types of unlawful practices and acts as set forth in Section 3 of the Ordinance.
   

3. 
   The word "owner" shall mean and include the owners, lessee, sub-lessee, assignee, manager, agent, or other person, firm, or corporation, having the right to sell, rent, or lease any housing accommodation or real property within the corporate limits of the City.
   

4. 
   The term "real estate broker" shall mean any person who, for a fee or other valuable consideration, sells, purchases, exchanges, rents, negotiates, offers, or attempts to negotiate the sale, purchase, exchange, or rental of housing accommodations or real property of another person.
   

5. 
   The term "real estate salesman or agent" shall mean any person employed by a real estate broker to perform, or to assist in the performance of, any or all of the functions of a real estate broker.
   

6. 
   The term "financial institution" shall mean any person regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real property.
   

7. 
   The term "real property" shall include all real estate, leaseholds, and any vacant land offered for sale or rent.
   

8. 
   The term "housing accommodation" shall mean: Any building or portion thereof, whether such building or portion is constructed or is to be constructed, used or intended for use as the residence or sleeping place of one or more persons.
   

The term "housing accommodation" shall not mean or include:

1. 
   The rental of a dwelling, or a portion thereof, containing accommodation for no more than two families, one of which is occupied by the owner or his family at the time of rental.
   

2. 
   The rental of less than four (4) rooms in a one-family dwelling to another person or persons by the owner or occupant of such accommodation in which he or members of his family reside.
   

9. 
   The phrase "familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with:
   

1. 
   A parent or another person having legal custody of such individual or individuals; or
   

1. 
   The designee of such parent or other person having such custody with the written permission of such parent or other person.
   
1. 
   All protections afforded against discrimination under this Chapter on the basis of familial status shall apply to any person who is pregnant, or who is in the process of securing legal custody of any individual who has not attained the age of 18 years.
   

Section 265.020: Unlawful Discriminatory Housing Practices

Sub Section A. It shall be an unlawful discriminatory housing practice:

1. 
   For the owner, real estate broker, real estate salesmen, or employees or agent thereof:
   

1. 
   To refuse to sell, rent, assign, lease, or sublease, or offer for sale, rental, lease, assignment, or sublease, or to refuse to negotiate for the sale, rental, lease, assignment, or sublease of any real property or portion thereof which is in fact listed or available for sale, rent, lease, or sublease to any person who has shown the financial ability to satisfy the terms and conditions of a sale, rental, assignment, lease, or sublease of said property, or to otherwise deny or withhold any housing accommodations or real property or any part or portion thereof to or from any person because of the race, color, sex, religion, national origin, ancestry or familial status of such person;
   

2. 
   To discriminate against any person because of his race, color, sex, religion, national origin
   ancestral or familial status in the terms, conditions, or privileges of the sale, lease, rental, assignment, or sublease of any housing accommodations or real property or part or portion thereof or in the furnishing of facilities or services in connection therewith; or
   

3. 
   To print, publish, circulate, issue, display, post or mail, or cause to be printed, published,
   circulated, issued, displayed, posted, or mailed, any statement, advertisement, publication, or sign, or use any form of application for the purchase, rental, lease, assignment, or sublease of any housing accommodations or real property or part or portion thereof which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, sex, religion, national origin, ancestry or familial status or any intent to make any such limitation, specification, or discrimination.
   

2. 
   For any persons or financial institution or loan institution to which application is made for financial assistance for the purchase, acquisition, or construction of any housing accommodations or real property or part or portion thereof, or any agent or employee thereof:
   

1. 
   To discriminate against any person because of the race, color, sex, religion, national origin,
   ancestry or familial status of such person or of prospective occupants or tenants of such housing accommodations or real property or part or portion thereof in the granting, withholding, extending, modifying, or renewing, or in the fixing of the rates, terms, conditions or provisions of any such financial assistance or, in the extension of services in connection therewith; or
   

2. 
   To use any form of application for such financial assistance or to make any record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, sex, religion, national origin, ancestry, or familial status, or any intent to make any such limitation, specification, or discrimination.
   

3. 
   For any person, owner, real estate broker, real estate salesman, or agent thereof;
   

1. 
   To discriminate against any person because of the race, color, sex, religion, national origin, ancestry or familial status of such person or of prospective occupants or tenants of such housing accommodations or real property or part or portion thereof, in the granting, withholding, extending, modifying, or renewing, or in the fixing of the rates, terms, condition or provisions of any such financial assistance or in the extension of services in connection therewith; or
   
2. 
   To use any form of application for such financial assistance or to make any record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, sex, religion, national origin, ancestry, or familial status, or any intent to make any such limitation, specification, or discrimination.
   

3. 
   To discriminate in the sale of rental of housing on the basis of handicap 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 multi-family 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.
   

4. 
   To 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 Amendment Act.
   

4. 
   For any person, owner, real estate broker, real estate salesman, or agent thereof:
   

1. 
   To discriminate or to engage in economic or other reprisals against another person because such person complies with the provision of this ordinance or has opposed any practice forbidden under this act, or has filed a complaint, testified, or assisted in any proceedings under this ordinance.
   

2. 
   To aid, abet, incite, compel, coerce, cooperate, or participate in the doing of any act declared to be a discriminatory practice under the provisions of this ordinance, or to obstruct or prevent compliance with the provisions of this ordinance, or to attempt directly or indirectly to commit any act declared by this ordinance to be a discriminatory practice.
   

3. 
   To induce or attempt to induce the sale or listing for sale of any dwelling unit, commercial unit, or real property or any part or portion thereof by representing that a change has occurred or will or may occur with respect to the racial, religious, or ethnic composition of the block, neighborhood, or area in which the property is located, or to induce or attempt to induce such sale by representing that the presence or anticipated presence of persons of any particular race, religion, sex, or national origin, ancestry or familial status, or color in the area will or may result in:
   

1. 
   The lowering of property values;
   

2. 
   The change in the racial, religious, or ethnic composition of the block, neighborhood, or area in which the property is located.
   

3. 
   An increase in criminal or anti-social behavior in the area.
   

4. 
   (A decline in the quality of the schools serving the area.
   

Section 265.030: Exemptions

Sub Section A. Nothing in this Chapter shall prohibit a religious organization, association, or society, or any non-profit institution or organization organized, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rentals, 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.
Sub Section B. Nothing in this Chapter shall 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 another than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.
Sub Section C. Nothing in this Chapter shall prohibit the discrimination on the basis of familial status with respect to "housing for older persons, as defined by Section 802(B)(2) of the Fair Housing Act, as amended, (42 USC 3607)."

Section 265.035: Discrimination

The Board of Aldermen does further find and declare that it is contrary to the policy of this City for any person to discriminate against persons who are handicapped (as defined by the Fair Housing Act, as amended) in the provision of housing and states its intention to incorporate in any future building code adopted by the City, provisions requiring the contractors and other persons to comply with the provisions of the Fair Housing Act relating to handicapped persons in accordance with the terms of said act."

Section 265.040: Administration of this Ordinance

Sub Section A. Any person claiming to be aggrieved of an unlawful discriminatory housing practice, hereinafter referred to as "complainant", may on his own behalf, or by his attorney, make, sign, and file with the City Clerk a complaint in writing, under oath, which shall state the name and address of the person alleged to have committed an unlawful discriminatory housing practice. The City Clerk will then refer the complaint to the Board of Aldermen. Said complaint shall set forth the particulars thereof and contain such other information as maybe required by the City Clerk of the city of Pleasant Hope, Missouri.
Sub Section B. Alternatively, the Board of Aldermen may issue, in like manner a verified complaint of an alleged unlawful discriminatory housing practice.
Sub Section C. Any complaint filed under this Chapter must be filed within thirty (30) days after the date of the alleged incident.
Sub Section D. In the event of a complaint being filed pursuant to this section, a true copy of such complaint shall forthwith be transmitted by certified United States mail postage prepaid, addressed to the person complained against.
Sub Section E. Every complaint of a violation of this Chapter shall be referred to the City Clerk of the City of Pleasant Hope, Missouri; and the Board Aldermen 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 Board of Aldermen, after investigation, finds there is no merit to this complaint, the same shall be dismissed. If the Board of Aldermen finds that there is merit to the complaint, in its opinion, then and in that event, it will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.
Sub Section F. If the Board of Aldermen, within thirty (30) days from the receipt of such complaint, "is unable to eliminate the alleged discriminatory practice by a conference or conferences and conciliation, then and in the event, the City Clerk of the City of Pleasant Hope, Missouri shall return the complaint to the City Attorney for handling; and, after the final determination of whether or not to prosecute on said complaint, the City Attorney may commence a proceeding in the Municipal Court for the prosecution of said complaint as permitted by law.

Section 265.050: Penalties

Sub Section A. Any person violating any of the provisions of this Chapter shall be deemed guilty of a Class 3 misdemeanor and upon conviction thereof shall be punished as provided in Section 223.010(B)(l)(b) or Section 225.010(c)(2) of the Pleasant Hope City Code.
Sub Section B. Any person making false, malicious, or unfounded accusations against any person under the provisions of this Ordinance shall be deemed guilty of a Class B misdemeanor and upon conviction thereof shall be punished as provided in Section 225.010(B)(l)(b), Pleasant Hope City Code.