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HomeMy WebLinkAboutOrd.1577.08-01-1994 BILL NO. 94-191 ORDINANCE NO. AN ORDINANCE REPEALING ARTICLE II OF CHAPTER 14, ENTITLED "FAIR HOUSING" AND ENACTING A NEW ARTICLE II OF CHAPTER 14 ENTITLED "FAIR HOUSING" IN LIEU THEREOF BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Article II of Chapter 14 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Fair Housing" is hereby repealed in its entirety and enacting in lieu thereof a new Article II, entitled "Fair Housing", in words and figures, reading as follows: ARTICLE II. FAIR HOUSING Sec. 14-26. Definitions. For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein unless the context otherwise indicates: Financial institution means any person regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real property. Housing accommodation means any building or portion thereof, whether such building or portion is constructed or is to be constructed, which is used or intended for use as the residence or sleeping place of one (1) 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 (2) families, one (1) 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 by the owner or occupant of such accommodation in which he or members of his family reside. (3) The sale or rental of government sponsored housing intended specifically for older persons. Owner means and includes the owners, lessee, sublessee, 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 city limits. Person means and includes one (1) or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers. Real estate broker means 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. Real estate salesman or agent means 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. Rea1 property means and includes all real estate, leaseholds and any vacant land offered for sale or rent. Unlawful discriminatory housing practice means any discrimination or segregation or separation against any person or group of persons because of race, sex, national origin or ancestry, religious affiliation, handicap or on account of the fact that a family may have children, and shall include only those types of unlawful practices and acts as set forth in section 14-28. Sec. 14-27. Policy statement. The city council 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 financing for real property without regard to race, color, sex, national origin or ancestry, religious affiliation, handicap and without regard to whether a family has children. It is further declared to be the public policy of the City that the design and construction of new multi-family dwellings with four (4) or more units must meet certain adaptability and accessibility requirements to be established by the City. This article shall be deemed an exercise of the police powers of the city for the protection of the public welfare, prosperity, health, and peace of the people of the city. 2. Sec. 14-28. Unlawful practices. It shall be an unlawful discriminatory housing practice: (1) For the owner, real estate broker, real estate salesman, or employee or agent thereof: a. 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 such property, or to otherwise deny or withhold any housing accommodations or real property or any part or portion hereof to or from any person because of the race, color, sex, religious affiliation, national origin or ancestry, or handicap of such person or because such person is the head of a household having children. b. To discriminate against any person because of his race, color, sex, religious affiliation, national origin or ancestry, or handicap or because that person is the head of a family having children, 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. c. 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 3 . thereof which expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, sex, religious affiliation, national origin or ancestry, handicap or on account of the fact that such person is the head of a family having children, or any intent to make any such limitation, specification or discrimination. (2) For any person, 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: a. To discriminate against any person because of the race, color, sex, religious affiliation, national origin or ancestry, handicap of such person or because such person is the head of a family having children, 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. b. 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, religious affiliation, national origin or ancestry, handicap or on account of the fact that such applicant is the head of a family having children, 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: 4 . a. To discriminate against any person because of the race, color, sex, religious affiliation, national origin or ancestry, handicap of such person or of prospective occupants or tenants of such housing accommodations or real property or part or portion thereof, or on account of the fact that such person is the head of a family having children, 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. b. 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, religious affiliation, national origin or ancestry, handicap or because of the fact that such person is the head of a family having children, or any intent to make any such limitation, specification or discrimination. (4) For any person, owner, real estate broker, real estate salesman, or agent thereof: a. To discriminate or to engage in economic or other reprisals against another person because such person complies with the provisions of this article or has opposed any practice forbidden under this article, or has filed a complaint, testified, or assisted in any proceedings under this article. b. 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 article, or to obstruct or prevent compliance with the provisions of this article, or to attempt directly or indirectly to commit any act declared by this article to be discriminatory practice. 5. c. 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, religious affiliation, sex, national origin 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 antisocial behavior in the area. 4 . A decline in the quality of the schools serving the area. Sec. 14-29. Exemptions. Nothing in this article shall prohibit a religious organization, association or society, or any nonprofit institution or organization organized, 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. Nor shall anything in this article 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. 6. Sec. 14-30. Administration. (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. Such complaint shall set forth the particulars thereof and contain such other information as may support the allegations contained therein. (b) Any complaint filed under this article must be filed within thirty (30) days after the date of the alleged incident. (c) 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. (d) The city clerk, upon receipt of a complaint filed pursuant to this article and in accordance with the requirements of this article, shall forthwith refer such complaint to the state commission on human rights for processing in accordance with Missouri Statutes. Sec. 14-31. Penalties. Upon a finding by the state commission on human rights that any person has violated any of the provisions of this article, that person shall be subject to the penalties and remedies set forth in Missouri Statutes as provided by an order of the state commission on human rights or a court of law, all pursuant to Missouri Statutes. ARTICLE 2 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. 7. ARTICLE 4 . Pursuant to Section 3 . 15 of the Charter of the City of Cape Girardeau, Missouri, this measure is adopted as an emergency measure as it constitutes a Bill concerning the immediate preservation of public peace, property, health, safety or morals. Accordingly, this ordinance will take effect immediately upon its passage and approval. PASSED AND APPROVED THIS ,�:�'-� DAY OF %';'-=�`;;_,''- , 19 -'�'J/ A. lM. Spradling, III, ayor ATTEST: ,�J^ ;; ; ;� Y�°a,!�.�� :�; (�ti'��,{'cfl�. Gayle Conrad Deputy City Clerk 8.