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HomeMy Public PortalAboutORD08048 BILL NO. 38 INTRODUCED BY COUNCILMEN:, Hiesber�ger. Wildhaber ORDINANCE NO. 8048 AN ORDINANCE OF THE CITY OF.JEFFERSON, MISSOURI, REGULATING THE SALE AND RENTAL OF REAL ESTATE AND DWELLINGS IN THE CITY, PROHIBITING DISCRIMINATION IN THE SALE OR RENTAL, IN THE ADVERTISEMENT FOR THE SALE OR RENTAL, OR IN THE FINANCING OF REAL ESTATE AND DWELLINGS IN THE CITY, PROVIDING FOR THE ADMINISTRATION OF SAID ORDINANCE AND THE ENFORCEMENT THEREOF, AND PROVIDING A PENALTY FOR VIOLATIONS THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Policy Section 1. It is the policy of the City of Jefferson to provide, within con- stitutional limitations, ' for fair housing throughout the City. This Ordinance is considered by the Mayor and the City Council to be necessary for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce, and the welfare of the inhabitants of the City of Jefferson. Definitions Section 2. As used in this Ordinance - (a) "Commission" means the Mayor's Commission on Human Rights and Community Relations. (b) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one 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. (c) "Family" includes a single individual. (d) "Person" includes one or more individuals, corporations, partnerships, 7 associations, labor organizations, legal representatives, mutual companies, joint- stock companies, trusts, unincorporated organizations, trustees, trustees in bank- . ruptcy, receivers and fiduciaries. na r (e) "To rent" includes to lease, to sublease, to let and otherwise to grant Aft for a consideration the right to occupy premises not owned by the occupant. MW (f) "Discriminatory housing practice" means an act that is unlawful under Sections 4, 5 or 6. Effective Dates of Certain Prohibitions Section 3. The prohibitions against discrimination in the sale or rental of housing set forth in Sections 4, 5 and 6 shall apply upon enactment to all dwellings and housing covered herein. Discrimination in the Sale or Rental of Housing Section 4. It shall be unlawful - (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, creed, color, religion or national origin. (b) To 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, creed, color, religion or national origin. (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,. creed, color, religion or national origin, or an intention to make any such preference, limitation or discrimination. (d) To represent to any person, because of race, creed, color, religion or national origin, 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 neigh- borhood of a person or persons of a particular race, creed, color, religion or national origin. -2- Discrimination in the Financing of Housing Section 5. It shall be unlawful for any bank, savings 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 dis- criminate against him 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, creed, color, religion or national origin of such person or of any person associated with him in connection with such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. Discrimination in the Provision of Brokerage Services Section 6. It shall be unlawful to deny any person access to, membership or participation in, any multiple-listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in terms or conditions of such access, mem- bership or participation, because of race, creed, color, •religion or national origin. Administration Section 7. The authority and responsibility for administering this Ordinance shall be in the Mayor's Commission on Human Rights and Community Relations. Education and Conciliation Section 8. Immediately after the enactment of this Ordinance the Commission shall commence such educational and conciliatory activities as in its judgment will further the purposes of this Ordinance. It may hold conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this Ordinance and their suggested means of implementing it, and shall endeavor with -3- their advice to work out programs of voluntary compliance and of enforcement. The Commission shall issue such reports on such conferences and consultations as it deems TW appropriate. Enforcement Section 9. (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 discrimina- tory housing practice that is about to occur (hereafter "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 requires. The Commission shall furnish a copy of the same to the person or persons who allegedly committed or are about to commit the alleged discriminatory housing practice. Within thirty (30) days after receiving a complaint, the Commission shall investigate the complaint and give notice in writing to the person aggrieved whether it intends to resolve it. If the Commission decides to resolve the complaint, it shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation and persuasion. (b) A complaint under subsection (a) shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a dis- criminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him and with the permission 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. (c) After the filing of any complaint, the Chairman of the Commission shall designate one of the members of the Commission to make a prompt investigation in con- nection therewith and to report his findings to the Commission. If the Commission -4- shall determine after the investigation that reasonable cause exists for crediting the allegations of the complaint, it shall immediately endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and per- suasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this Ordinance without the written consent of the persons concerned. Any member of the Commission or officer or employee of the City of Jefferson who shall make public any information in violation of this provision shall be punished on conviction thereof by a fine not ex- ceeding One Hundred Dollars ($100.00) or by imprisonment in the Municipal Jail for a period of time not to exceed three (3) months, or by both such fine and imprisonment. (d) In case of failure to eliminate such practice, or in advance thereof, the Chairman of the Commission, if in his judgment circumstances so warrant, shall cause Am am to be issued and served in the name of the Commission, a written notice, together VW with a copy of the complaint, as it may have been amended by the complainant or by the Commission, requiring the person named in the complaint, (hereinafter referred to as "respondent") to answer the charges of the complaint at a hearing before at least three members of the Commission, appointed by the Chairman to sit as the Com- mission, at a time and place to be specified in the notice. (e) The case in support of the complaint shall be presented before the Com- mission by the City Attorney and the Commission member who had previously made the investigation shall not participate in the hearings except as a witness, nor shall he participate in the deliberation of the Commission in the case. Evidence concern- ing endeavors at conciliation shall be excluded. (f) The respondent may file a written verified answer to the complaint and appear at the hearing with or without counsel, at which time he may submit testimony and evidence. At the discretion of the Commission, the complainant may be allowed to intervene and present testimony in person or by counsel. The Commission has the power -5- reasonably and fairly to amend any complaint either prior to or during the hearing of the complaint in accordance with facts developed by the investigation or adduced in evidence in the hearing, and the respondent has like power to amend his answer in the same manner. The testimony taken at the hearing shall be under oath. (g) If, upon all the evidence adduced at the hearing, the Commission finds that the respondent has engaged in an unlawful discriminatory practice as previously defined in this Ordinance, the Commission shall state its findings of fact and shall issue and cause to be served on the respondent an order requiring the respondent to cease and de- sist from the unlawful discriminatory practices and to take such affirmative action, including, but not limited to, the extension of .full and equal and unsegregated accom- modations, advantages, facilities and privileges to all persons, as in the judgment of the Commission will effectuate the purposes of this Ordinance. (h) If, upon all the evidence adduced, the Commission finds that a respondent has not engaged in any unlawful discriminatory practice, the Commission shall state its findings and shall issue and cause to be served on the complainant an order dis- missing the complaint as to the respondent. A copy of this order shall be delivered in all cases to the City Attorney and such other public officers as the Commission deems proper. (i) The Commission shall establish rules of practice to govern, expedite and effectuate the foregoing procedure and its own actions thereunder. Enforcement by Private Persons Section 10. The rights granted by Sections 4, :5 and 6 may be enforced by civil actions in the Circuit Court of Cole County, to enjoin the violation of this Ordinance. Any such civil action shall be commenced within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. The City Attorney, on behalf of the City, may intervene as a party plaintiff. Enforcement by the City Attorney Section 11. (a) The Commission, in the event of failure to secure voluntary -6- smog= WAIFAFESINFARSOMENEM compliance with the requirements of this Ordinance, shall cause the Chairman thereof to certify, in writing, to the City Attorney that all reasonable efforts of the MW Commission to secure conciliation are concluded in the matter and the Commission shall, with such certification, transmit the Commission file and the transcript of the hear- ing, if any, to the City Attorney and in all other respects cooperate with him. (b) Upon certification by the Commission, the City Attorney shall institute a charge in.the Municipal Court against the alleged violator and prosecute the same to a final conclusion. (c) Pursuant to subsections (a) and (b) above, or whenever the City Attorney has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this Ordinance, or that any group of persons has been denied any of the rights granted by this Ordinance and such denial raises an issue of general public importance, he may bring a civil action in the Circuit Court of Cole County, by filing with it a complaint setting forth the facts and requesting such preventive relief, including an application for a permanent or. temporary injunction, restraining order, or other order against the person or persons responsible for such pattern or practice or denial of rights, as he deems necessary to insure the full enjoyment of the rights granted by this Ordinance. (d) If it appears that the complainant is in danger of suffering irreparable injury, or if it appears that some action is about to be taken which will jeopardize the complainant's interest in the subject property, the City Attorney shall file an injunction in the Circuit Court of Cole County to prevent the continued violation of this law or to prevent the parties from acting in such a manner as to frustrate the intent and purpose of this Ordinance, upon a showing that the complainant would suffer irreparable harm without such action. (e) Any person who shall commit a discriminatory housing practice in violation -7- of Sections 4, S, 6 or 13 of this Ordinance shall, upon conviction thereof, be pun- ished for each such violation by a fine not exceeding One Hundred Dollars ($100.00), or by imprisonment in the Municipal Jail for a period of time not to exceed three (3) months for each such violation, or by both such fine and imprisonment. Each day of such discriminatory housing practice shall constitute a separate violation. Investigations Section 12. (a). In conducting an investigation and hearing, the Commission shall have access at all reasonable times to premises, records, documents, individuals and other evidence or possible sources of evidence and may examine, record and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary -for the furtherance of the investigation. (b) The City Attorney shall conduct all litigation in which the Commission Am participates as a party or as amicus pursuant to this Ordinance. Coercion, Intimidation, Threat or Interference Section 13. It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his having exer- cised, or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by the provisions of this Ordinance. Appropriations Section 14. There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this Ordinance. Severability of Provisions Section 15. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the Ordinance and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. -8- Section 16. Effective Date. This Ordinance shall take effect and be in force from and after its passage and approval. Passed: Approved: IYJA t � P esident of the Council Mayor Attest: City Clerk '6 -9-