Chapter 102 – Fair Housing

(ORD # 11-99)

 

Chapter 102–Fair Housing

 

102.010. -Declaration of Policy

 

The City Council of the City of Holden 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, sex, color, religion, sex, handicap, familial status, or national origin. This ordinance shall be deemed an exercise of the police powers of the City of Holden, for the protection of public welfare, prosperity, health and peace of the people of Holden, Missouri.

 

102.020-Definitions

 

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. Person shall include any individual, firm, partnership or corporation.

 

  1. Aggrieved Person shall include any person who is attempting to provide housing for himself and/or his family in the City of Holden, Missouri.

 

  1. Discriminate shall mean distinctions in treatment because of race, sex, color, religion, sex, handicap, familial status, or national origin of any person.

 

102.030-Discriminatory Practices

 

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 of any person.

 

  1. 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.
  2. 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.

 

  1. Represent to any person because of race, color, religion, sex, 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.

 

 

  1. 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, familail status, or national origin.

 

  1. 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 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.

 

  1. 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 Amendments Act.

 

102.040-Discrimination in the Financing of a House

 

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 therefore for the purpose of purchasing, constructing, repairing, or maintaining a dwelling, or to discriminate against him 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.

 

102.060-Administration

 

  1. There is hereby created a Fair Housing Committee whose membership shall consist of five members, who shall be appointed by the Mayor of the City with the approval of the City Council.

 

  1. 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.

 

  1. If the Fair Housing Committee is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then in that event, the Fair Housing Committee shall forward said complaint to the City Attorney for handling. The final determination of whether or not to prosecute on said complaint shall be left to the City Attorney.

 

 

 

 

 

  1. 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 status.

 

102.070-Enforcement

 

  1. Any person convicted in Municipal Court of a violation of this ordinance shall be punished by a fine of (not more than) $500.00, or by confinement in the City Jail for (not more than) 90 days, or by both such fine and imprisonment.

 

  1. 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.

 

102.080-Severability

 

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.

 

102.090-Savings Clause

 

This ordinance shall not affect violations of any other ordinance, code or regulation of the City of Holden 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.