Chapter 12

 

HUMAN RELATIONS

 

Art.         I.    In General, §§ 12‑1—12‑30

Art.        II.    Human Rights Advisory and Awareness Commission, §§ 12‑31—12‑58

Art.       III.    Fair Housing Code, §§ 12‑59—12‑69

 

 

ARTICLE I.  IN GENERAL

 

Secs. 12‑1—12‑30.  Reserved.

 

 

ARTICLE II.  HUMAN RIGHTS ADVISORY AND AWARENESS COMMISSION

 

Sec. 12‑31.  Created; composition; appointment, qualification of members.

 

            A Human Rights Advisory and Awareness Commission is hereby created and established which shall consist of nine (9) persons broadly representative of the racial, religious, ethnic, and disabled groups in the City, who shall be appointed by the council, and serve without compensation.  (Gen. Ords. 1959, § 4.24(a); Ord. No. 4860, § 1, 12‑5‑63; Ord. No. 7313, § 1, 2‑21‑85; Ord. No. 7332, § 1, 3‑21‑85)

 

Sec. 12‑32.  Purpose.

 

            The Kirkwood Human Rights Advisory and Awareness Commission shall review and advise the council on ways to:

 

            (a)        Promote awareness, recreation, employment, legislation, education, accessibility, and participation of and for minority groups, including persons with disabilities;

 

            (b)        Remove any inequalities that pertain to minority groups and disabled status in such areas as housing, recreation, education, employment, law enforcement, services, and accessibility;

 

            (c)        Encourage participation by minority groups and disabled persons in City programs; and

 

            (d)        Implement decisions of the Human Rights Advisory and Awareness Commission.

 

(Gen. Ords. 1959, § 4.24(e); Ord. No. 4860, § 1, 2‑5‑63; Ord. No. 7313, § 2, 2‑21‑85)

 

Sec. 12‑33.  Terms of members; removal; vacancies.

 

            In the original appointment of members to the Human Rights Advisory and Awareness Commission, one-third (1/3)of those appointed shall be appointed for a term of one (1) year; one-third (1/3) of those appointed shall be appointed for a term of two (2) years and one-third (1/3) of those appointed shall be appointed for a term of three (3) years, thereafter all appointments shall be for a three (3) year term.  The council may remove any member of the Human Rights Advisory and Awareness Commission at any time.  Each member of the commission shall serve until his successor is duly appointed and qualified.  In the event of the death, resignation, or removal of any member, his successor shall be appointed to serve the unexpired term for which such member had been appointed.  (Gen. Ords. 1959, § 4.24 (b); Ord. No. 4860, § 1, 12‑563)

 

Sec. 12‑34.  Organization.

 

            The officers of the Human Rights Advisory and Awareness Commission shall consist of a chairperson, vice-chairperson, and a secretary, who shall be elected by the members of the commission; such officers shall serve in their respective offices for a term of one year, or until their successors shall be elected and qualified, unless re-elected to such office.  (Gen. Ords. 1959, § 4.24(c); Ord. No. 4860, § 1, 12‑5‑63)

 

Sec. 12‑35.  Rules of procedure; meetings; records.

 

            (a)        The Human Rights Advisory and Awareness Commission shall make such rules and regulations as it shall deem necessary for the conduct of its affairs, which rules and regulations and any amendments thereto shall be submitted to the council for approval prior to the same becoming effective.

 

            (b)        The Human Rights Advisory and Awareness Commission shall meet at least once every three months.

 

            (c)        The Human Rights Advisory and Awareness Commission shall keep a complete record of its activities and a journal of all of its meetings and proceedings.

 

(Gen. Ords. 1959, § 4.24(d); Ord. No. 4860, § 1, 12‑563)

 

Sec. 12‑36.  Powers and duties generally.

 

            It shall be the duty of the Human Rights Advisory and Awareness Commission to:

 

            (a)        Promote amicable relations among the racial, cultural, and other minority groups within the City;

 

            (b)        Hear complaints and render advisory opinions to the City relating to claims of discrimination based on disabled or minority status in the provisions of programs, services, or benefits of the City;

 

            (c)        Serve as a source of information, and to assemble, analyze, and disseminate authenticated and factual data relating to avoiding discriminatory conduct;

 

            (d)        Publish and distribute such factual material as it deems necessary or desirable with the prior approval of the council and to make such investigations, studies, and surveys as are necessary for the performance of its duties;

 

            (e)        Review new and existing city building plans and/or programs for the purpose of assuring accessibility for persons with disabilities; and

 

            (f)        Perform such other and further acts and things that may be directed by the council.

 

(Gen. Ords. 1959, § 4.24(f); Ord. No. 4860, § 1, 12‑5‑63; Ord. No. 6782, § 1, 8‑6‑81; Ord. No. 7313, § 3, 2‑21‑85)

 

Sec. 12‑37.  Facilities and personnel; assistance by the city attorney.

 

            The City, through the office of the chief administrative officer, shall assign to the Kirkwood Human Rights Advisory and Awareness  Commission such office space and facilities and such necessary clerical help as shall be necessary for the fulfillment of its duties.  The city attorney shall render such legal services as shall be necessary.  (Gen. Ords. 1959, § 4.24(g); Ord. No. 4860, § 1, 12‑5‑63)

 

Secs. 12‑38—12‑58.  Reserved.

 

            (Ord. No. 8721, § 1, 5‑7‑98)

 

 

ARTICLE III.  FAIR HOUSING CODE

 

Sec. 12‑59.  Definitions.

 

            As used in this article, the following terms shall have the meanings ascribed to them:

 

            Chairman shall mean the chairman of the commission.

 

            Code shall mean this article.

 

            Commission shall mean the Human Rights Commission of the City of Kirkwood, Missouri.

 

            Discriminatory housing practice shall mean an act that is unlawful under section 12‑62.

 

            Dwelling shall mean any building, structure, or portion thereof located within the city, which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

 

            Family includes a single individual.

 

            Handicap means a physical or mental impairment resulting in a disability unrelated to a person's ability to acquire, rent or maintain property.

 

            Person includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint‑stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.

 

            To rent includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(Gen. Ords. 1959, § 58.2; Ord. No. 5278, 7‑3‑69; Ord. No. 6781, § 1, 8‑6‑81; Ord. No. 7364, § 1, 6‑20‑85)

Sec. 12‑60.  Short title.

 

            This article shall be known and cited as the "Fair Housing Code." (Gen. Ords. 1959, § 58.1; Ord. No. 5278, 7‑3‑69)

 

Sec. 12‑61.  The commission shall administer this code.

 

            The authority and responsibility for administering this code shall be in the commission.  The commission shall administer this code in a manner affirmatively to further the policies of this code and to prevent or eliminate, discriminatory housing practices.  The commission shall cooperate with and render technical assistance through federal, state, or other public or private agencies, organizations, and institutions which are formulating or carrying out programs to prevent or eliminate discriminatory housing practices.  (Gen. Ords. 1959, § 58.7; Ord. No. 5278, 7‑3‑69)

 

Sec. 12‑62.  Acts constituting discrimination in the sale or rental of housing.

 

            Except as exempted by section 12‑65, it shall be unlawful for any person:

 

(a)        To 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, national origin, ancestry, sex, handicap or familial status.

 

(b)        To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provisions of service or facilities in connection therewith, because of race, color, religion, national origin, ancestry, sex, handicap, or familial status or an intention to make any such preference, limitation or discrimination.

 

(c)        To 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, national origin, ancestry, sex, handicap or familial status.

 

(d)        To represent to any person, because of race, color, religion, national origin, ancestry, sex, handicap or familial status that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

 

(e)        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 of a person or persons of a particular race, color, religion, national origin, ancestry, sex, handicap, or familial status.

 

(Ord. No. 1959, §58.3; Ord. No. 5278, 7‑3‑69; Ord. No. 7364, §2, 6‑20‑85; Ord. No. 8772, §1, 11‑19‑98)

 

Sec. 12‑63.  Discrimination in the financing of housing.

 

            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 or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him/her in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, national origin, ancestry, sex, handicap or familial status of such person or of any person associated with him/her in connection with the loan or other financial assistance, or of the prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which the loan or other financial assistance is to be made or given; however, nothing contained in this section shall impair the scope or effectiveness of the exception contained in section 12‑65, subsection (b)(1) and (b)(2).  (Gen. Ords. 1959, §58.5; Ord. No. 5278, 7‑3‑69; Ord. No. 7364, §2, 6‑20‑85; Ord. No. 8772, §1, 11-19-98)

 

Sec. 12‑64.  Discrimination in brokerage services.

 

            It shall be unlawful for any person to deny any person access to or membership or participation in any multiple‑listing service, real estate brokers organization or other services, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him/her in the terms or conditions of such access, membership or participation, on account of race, color, religion, national origin, ancestry, sex, handicap, or familial status.  (Gen. Ords. 1959, §58.6; Ord. No. 5278, 7‑3‑69; Ord. No. 7364, §2, 6‑20‑85; Ord. No. 8772, §1, 11-19-98)

 

Sec. 12‑65.  Implementation of code; exempt activities.

 

            Subject to the provisions of subsection (b) of this section, the prohibitions against discrimination in the sale or rental of housing set forth in section 12‑62 shall apply:

 

            (a)        Upon the enactment of the ordinance from which this section was derived, viz., July 3, 1969, to:

 

            (1)        Dwellings owned or operated by the federal government.

 

            (2)        Dwellings provided in whole or in part with the aid of loans, advances, grants, or contributions made by the federal government, under agreements entered into after November 20, 1962, unless payment due thereof has been made in full prior to the date of the enactment of Public Law 90‑184, 90th Congress, H.R. 2516.

 

            (3)        Dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the federal government, under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to the date of enactment of Public Law 90‑204; however, nothing contained in paragraphs (2) and (3) of this subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgage held by an FDIC or FSLIC institution.

 

            (4)        Dwellings provided by the development or the redevelopment of real property purchased, rented, or otherwise obtained from a state or local public agency receiving federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, 1962.

 

            (b)        Nothing in section 12‑62 other than subsection (c) thereof, shall apply to:

 

            (1)        Any single‑family house sold or rented by an owner; provided, that such private individual owner does not own more than three (3) such single-family houses at any one time; and provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this subsection shall apply only with respect to one (1) such sale within any twenty‑four (24) month period; and provided further, that the bona fide 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 (3) such single‑family houses at any one (1) time; provided further, that after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this code only if the house is sold or rented.

 

                        a.         Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson, or person; and

 

                        b.         Without the publication, posting or mailing, after notice,  of any advertisement or written notice in violation of subsection (c) of section 12‑62; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and such other professional assistance as necessary to perfect or transfer the title.

 

            (2)        Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of the living quarters as his residence.

 

(c)        For the purpose of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if:

 

            (1)        He/she has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or

 

            (2)        He/she has, within the preceding twelve (12) months, participated as agent, other than in the sale of his/her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or

 

            (3)        He/she is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.

 

            (d)        Nothing in this code shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, 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, unless membership in such religion is restricted on account of race, color, national origin, ancestry, sex, handicap, or familial status.  Nor shall anything in this code prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, for limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

 

(Gen. Ord. 1959, §58.4; Ord. No. 5278, 7‑3‑69; Ord. No. 7364, §2, 6‑20‑85; Ord. No. 8772, §1, 11‑19‑98)

 

Sec. 12‑66.  Complaint; investigation by the commission; in formal conciliation; hearing; enforcement by the city.

 

            (a)        Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur, hereafter called the "person aggrieved", may file a complaint with the commission.  Complaints shall be in writing and shall contain such information and be in such form as the commission may require.  Upon receipt of a complaint, a copy shall be furnished to the person who allegedly committed or is about to commit the alleged discriminatory housing practice.

 

            (b)        Within thirty (30) days after receiving a complaint, it shall be investigated, and the commission shall determine if cause exists for the allegations made in the complaint.  The commission may request the assistance of the county counselor in its investigations.  If the commission finds cause for the complaint, it shall attempt to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion.  The complaint shall be dismissed if the commission finds no cause.

 

            (c)        The commission, at any time it has reason to believe that any person has been engaged in discriminatory practice prohibited by this coded may issue a complaint.

 

            (d)        A complaint under subsection (a) shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred.  Complaints may be reasonably and fairly amended at any time.

 

            (e)        A respondent may file an answer to the complaint against him and, with the leave of the commission, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time.  Both complaints and answers shall be verified.

 

            (f)        If conciliation efforts fail, the commission shall promptly set a date for hearing of the matters alleged in the complaint and subsequent occurring related matters, but only after giving at least five (5) days prior written notice to the person or persons who allegedly committed or are about to commit the alleged unfair housing practice.

 

            (g)        The hearing shall be conducted in a fair and impartial manner according to rules adopted by the commission; the person aggrieved and the person or persons who allegedly committed or are about to commit the alleged unfair housing practice may appear with legal counsel and shall have the right to present proof and cross‑examine witnesses in all matters relating to the complaint and subsequent related occurrences.

 

            (h)        After a hearing pursuant to this section, the commission will report on the matter heard to the council, with copies of such report being forwarded to the city attorney.  Upon the receipt of the report, the council will review the report and will take such action as it deems appropriate by entering an order to cease and desist or such other appropriate order, and shall cause such order to be served on all parties, and shall certify the case to the city attorney and the city prosecutor for appropriate action.  (Gen. Ords. 1959, §§ 58.8, 58.9; Ord. No. 5278, 7‑3‑69)

 

Secs. 12‑67—12‑69.  Reserved.