CHAPTER 220:  HUMAN RELATIONS

Art. I.  In General

§     220.010: Purposes Of Chapter

§     220.020: Definitions

Art. II.  Commission On Human Rights

§     220.030: Commission Created─Membership─Qualifications─Terms─Vacancies

§     220.040: Officers─Meeting And Quorum─Rules And Procedures─Compensation─

Attendance─Training

§     220.050: Functions, Powers And Duties

Art. III.  Discriminatory Practices

§     220.060: Unlawful Housing Practices

§     220.070: Discrimination In Commercial Real Estate Loans

§     220.080: Discrimination In Selling Or Renting By Real Estate Agencies Prohibited

§     220.090: Discrimination In Public Accommodations Prohibited, Exceptions

§     220.100: Additional Unlawful Discriminatory Practices

§     220.110: Exemptions

Art. IV.  Enforcement Procedures

§     220.120: Complaints

§     220.130: Complaints─Investigation, Conciliation And Mediation

§     220.140: Prosecutions─Time Limitations

§     220.150: Penalty For Violation Of Chapter

ARTICLE I.  IN GENERAL

SECTION 220.010:  PURPOSES OF CHAPTER

The purposes of this Chapter are:

1.     To secure for all individuals within the City freedom from any discriminatory practice made unlawful by Article III of this Chapter.

2.     To implement within the City the policies embodied in Missouri and Federal human rights legislation, and to promote cooperation between the City and the State and Federal agencies enforcing that legislation.

3.     To provide a City Commission on Human Rights which is dedicated to the elimination of discriminatory practices made unlawful by Article III of this Chapter.

SECTION 220.020:  DEFINITIONS

For the purposes of this Chapter the following terms shall be deemed to have the meanings indicated

§ 220.020 Pasadena Hills City Code       § 220.020

below:

COMMISSION:  The Pasadena Hills Commission on Human Rights.

COMPLAINANT:  A person who has filed a complaint with the Commission alleging that another person has engaged in a prohibited discriminatory practice.

DISCRIMINATION:  Any unfair treatment based on race, color, religion, national origin, ancestry, sex, handicap, or familial status as it relates to housing.

DWELLING:   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.

FAMILIAL STATUS:  One (1) or more individuals who have not attained the age of eighteen (18) years being domiciled with:

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

2.     The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

HANDICAP:  A physical or mental impairment which substantially limits one or more of a person's major life activities, a condition perceived as such, or a record of having such an impairment, which with or without reasonable accommodation does not interfere with utilizing the place of public accommodation, or occupying the dwelling in question.  For purposes of this Chapter, the term "handicap" does not include current, illegal use of or addiction to a controlled substance as such term is defined by Section 195.010, RSMo., however, a person may be considered handicapped if that person:

1.     Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of, and is not currently addicted to, a controlled substance or has otherwise been rehabilitated successfully and is no longer engaging in such use and is not currently addicted;

2.     Is participating in a supervised rehabilitation program and is no longer engaging in illegal use of controlled substances; or

3.     Is erroneously regarded as currently illegally using, or being addicted to, a controlled substance.

HOUSING FOR OLDER PERSONS:  Housing:

1.          Provided under any State or Federal program that the Commission determines is specifically designed and operated to assist elderly persons, as defined in the State or Federal program; or

2.          Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

§ 220.020             Human Relations         § 220.020

3.          Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit.

Housing qualifies as housing for older persons under this Chapter if:

1.     The housing has significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and

2.     At least eighty percent (80%) of the units are occupied by at least one (1) person fifty-five (55) years of age or older per unit; and

3.     The owner or manager of the housing has published and adhered to policies and procedures which demonstrate an intent by said owner or manager to provide housing for persons fifty-five (55) years of age or older.

PERSON: Includes one (1) or more individuals, corporations, partnerships, associations, organizations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other organized groups of persons.

PLACES OF PUBLIC ACCOMMODATION:  All places or businesses offering or holding out to the general public, goods, services, privileges, facilities, advantages or accommodations for the peace, comfort, health, welfare and safety of the general public or such public places providing food, shelter, recreation and amusement, including, but not limited to:

1.     Any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five (5) rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his/her residence;

2.     Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment;

3.     Any gasoline station, including all facilities located on the premises of such gasoline station and made available to the patrons thereof;

4.     Any motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment;

5.     Any public facility owned, operated, or managed by or on behalf of this state or any agency or subdivision thereof, or any public corporation; and any such facility supported in whole or in part by public funds;

6.     Any establishment which is physically located within the premises of any establishment otherwise covered by this Section or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment;

RENT:  Includes to lease, to sublease, to let and otherwise to grant for consideration the right to occupy premises not owned by the occupant;

§ 220.020 Pasadena Hills City Code       § 220.050

RESPONDENT:  A person who is alleged to have engaged in a prohibited discriminatory practice in a complaint filed with the Commission;

UNLAWFUL DISCRIMINATORY PRACTICE:  Any act that is unlawful under this Chapter.

ARTICLE II.  COMMISSION ON HUMAN RIGHTS

SECTION 220.030: COMMISSION CREATED─MEMBERSHIP─QUALIFICATIONS─

TERMS─VACANCIES

There is hereby established a Commission on Human Rights.  The Commission shall consist of three (3) members, who shall be appointed by a majority of the members of the Board of Aldermen from among the residents of the City and who shall serve as such without compensation.  The Board of Aldermen shall endeavor to include individuals on the Commission from various protected categories that have historically been discriminated against.  Of the three (3) members first appointed, one (1) shall be appointed for one (1) year, one (1) shall be appointed for two (2) years and one (1) shall be appointed for three (3) years.  Thereafter, appointment shall be for terms of three (3) years. In the event of the death, resignation or removal of any member, his/her successor shall be appointed to serve for the unexpired period of the term for which such member had been appointed.

SECTION 220.040: OFFICERS─MEETING AND QUORUM─RULES AND PROCEDURES─

COMPENSATION─ATTENDANCE─TRAINING

A.    The Commission shall elect a Chairperson, Vice-Chairperson, and Secretary from among its members and create and fill such other offices as it may determine.  The term of such elective officers shall be for one (1) year.

B.    The Commission shall meet periodically as necessary.  The Chairperson shall preside at all meetings.  two (2) members shall constitute a quorum at any meeting.

C.    The Commission shall adopt rules and procedures for the conduct and transaction of its business and shall keep a record of its proceedings.

D.    Any Commission member having three (3) unscheduled absences without good cause within a period of one (1) year, or who shall be absent from three (3) consecutive regular meetings without consent of the Chairperson or person acting in such Chairperson's stead, shall automatically forfeit such office, and the Chairperson shall promptly notify the Board of Aldermen through the City Clerk of such vacancy.

SECTION 220.050: FUNCTIONS, POWERS AND DUTIES

The Commission shall have the following functions, powers and duties:

1.     To encourage fair treatment for and to foster mutual understanding and respect among, and to discourage discrimination against, any racial, ethnic, religious or other group protected by this Chapter, members of these groups or handicapped persons.

§ 220.050             Human Relations         § 220.060

2.     To formulate and carry out educational programs designed to minimize or eliminate those discriminatory practices made unlawful by Article III of this Chapter.

3.     To receive and investigate complaints alleging any discriminatory practices made unlawful by Article III of this Chapter.

4.     To implement the purposes of this Chapter by conference, conciliation and persuasion so that persons may be guaranteed their civil rights and good will be fostered.

5.     To provide mediation services to resolve incidences of alleged discriminatory practices made unlawful by Article III of this Chapter.

6.     To cooperate with other organizations, private and public, to discourage discrimination.

7.     To advise the Board of Aldermen on human rights issues.

8.     To hold public hearings on the state of human rights and relations in the City and on specific human rights issues.

9.     To sponsor or initiate specifically targeted workshops and on-going programs to improve human relations and to decrease tensions in the City.

10.   To present informational programs on human rights to school, business, service and other organizations.

11.   To formulate policies and to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of this Chapter and said policies of the Commission in connection therewith.

12.   To provide each year to the Board of Aldermen a full written report of all its activities and of its recommendations.

ARTICLE III.  DISCRIMINATORY PRACTICES

SECTION 220.060: UNLAWFUL HOUSING PRACTICES

A.    It shall be an unlawful housing practice:

1.     To refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, to deny or otherwise make unavailable, a dwelling to any person because of race, color, religion, national origin, ancestry, sex, handicap, or familial status.

2.     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, color, religion, national origin, ancestry, sex, handicap, or familial status.

3.     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,

§ 220.060 Pasadena Hills City Code       § 220.060

handicap, or familial status, or an intention to make any such preference, limitation, or discrimination.

4.     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.

5.     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.

6.     To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:

a.   That buyer or renter;

b.   A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c.   Any person associated with that buyer or renter;

7.     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 with such dwelling, because of a handicap of:

a.   That person;

b.   A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c.   Any person associated with that person.

B.  For purposes of Sections 220.060, 220.070, and 220.080 discrimination includes:

1.     A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

2.     A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

3.     In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:

               a.   The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

§ 220.060             Human Relations         § 220.080

b.   All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

c.   All premises within such dwellings contain the following features of adaptive design:

(1) An accessible route into and through the dwelling;

(2) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(3) Reinforcements in bathroom walls to allow later installation of grab bars; and

(4) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

C.    As used in Subdivision (3) of Subsection (B) of this Section, the term "covered multifamily dwelling" means:

1.          Buildings consisting of four (4) or more units if such buildings have one or more elevators; and

2.          Ground floor units in other buildings consisting of four (4) or more units.

D.     Compliance with the appropriate requirements of the American National Standard for Buildings and Facilities providing accessibility and usability for physically handicapped people, commonly cited as "ANSI A117.1", suffices to satisfy the requirements of Subsection (B)(3) of this Section.

SECTION 220.070:  DISCRIMINATION IN COMMERCIAL REAL ESTATE LOANS

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 because of race, color, religion, national origin, ancestry, sex, handicap or familial status to a person applying therefor for the purpose of purchasing, construction, improving, repairing, or maintaining a dwelling, or to discriminate against him/her in 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 such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants, of the dwellings in relation to which such loan or other financial assistance is to be made or given.

SECTION 220.080: DISCRIMINATION IN SELLING OR RENTING BY REAL ESTATE

AGENCIES PROHIBITED

It shall be unlawful to deny any person access to or 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, on account of race, color, religion, national origin, ancestry, sex, handicap, or familial status.

§ 220.090 Pasadena Hills City Code       § 220.110

SECTION 220.090: DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED,

EXCEPTIONS

A.    All persons within the City of Pasadena Hills are free and equal and shall be entitled to the full and equal use and enjoyment within this State of any place of public accommodation, as hereinafter defined, without discrimination or segregation on the grounds of race, color, religion, national origin, sex, ancestry, or handicap.

B.    It is an unlawful discriminatory practice for any person, directly or indirectly, to refuse, withhold from or deny any other person, or to attempt to refuse, withhold from or deny any other person, any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation, as defined in Section 220.020 and this Section, or to segregate or discriminate against any such person in the use thereof on the grounds of race, color, religion, national origin, sex, ancestry, or handicap.

C.    The provisions of this Section shall not apply to a private club, a place of accommodation owned by or operated on behalf of a religious corporation, association or society, or other establishment which is not in fact open to the public, unless the facilities of such establishments are made available to the customers or patrons of a place of public accommodation as defined in Section 220.020 and this Section.

SECTION 220.100:  ADDITIONAL UNLAWFUL DISCRIMINATORY PRACTICES

It shall be an unlawful discriminatory practice:

1.     To aid, abet, incite, compel, or coerce the Commission of acts prohibited under this Chapter or to attempt to do so;

2.     To retaliate or discriminate in any manner against any other person because such person has opposed any practice prohibited by this Chapter or because such person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this Chapter;

3.     For the City to discriminate on the basis of race, color, religion, national origin, sex, ancestry, age, as it relates to employment, handicap, or familial status as it relates to housing; or

4.     To discriminate in any manner against any other person because of such person's association with any person protected by this Chapter.

SECTION 220.110: EXEMPTIONS

A.    Nothing in this Chapter shall be construed to:

1.          Require the Commission to review or approve the plans, designs or construction of all covered dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of Subsection (B)(3) of Section 220.060.

2.     To invalidate or limit any law of the State or of the City, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this Chapter.

§ 220.110             Human Relations         § 220.120

B.    Nothing in Sections 220.060, 220.070 and 220.080:

1.          Requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

2.     Limits the applicability of any reasonable local restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision of said Sections regarding familial status apply with respect to housing for older persons.

3.     Shall prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance, as defined by Section 195.010, RSMo.

C.    Nothing in this Chapter 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, or national origin.  Nor shall anything in this Chapter 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.

D.    Nothing in this Chapter, other than the prohibitions against discriminatory advertising in Subsection (A)(3) of Section 220.060, shall apply to:

1.     The sale or rental of any single-family house by a private individual owner, provided the following conditions are met:

a.   The private individual owner does not own or have any interest in more than three (3) single-family houses at any one time; and

b.   The house is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings and without publication, posting or mailing of any advertisement.  If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to such sale, the exemption in this section applies to only one such sale in any twenty-four (24) month period; or

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 of such living quarters as his/her residence.

ARTICLE IV.  ENFORCEMENT PROCEDURES

SECTION 220.120: COMPLAINTS

A.    Any individual who claims to be aggrieved by a discriminatory practice may file with the Commission a verified complaint in writing stating the name and address of the person alleged to

have committed such practice, the particulars thereof, and such other information as may be required by the Commission.

B.    Any complaint filed under this Section in which affirmative relief is sought shall state what relief is sought or proposed.

C.    All such complaints shall be filed within one hundred eighty (180) days of the date of the alleged discriminatory practice.

D.    An individual who files a complaint with the Commission shall be advised of the possibility of filing a complaint with the Missouri Commission on Human Rights.

SECTION 220.130:  COMPLAINTS─INVESTIGATION, CONCILIATION AND MEDIATION  

A.    Complaints shall be investigated and conciliated or mediated by individuals who have been approved by the Commission and trained in investigation, conciliation and mediation.

B.    Upon filing of a complaint, the Chairperson of the Commission shall designate an individual to investigate the allegations.  The individual shall promptly investigate such allegations, and if he/she determines that probable cause exists for crediting the allegations of the complaint, he/she shall thereupon undertake to eliminate the alleged discriminatory practice or practices by conference, conciliation and persuasion or mediation, and shall inform the Commission of the results of such efforts.  If the individual determines that no such probable cause exists, he/she shall so report to the Commission, which shall thereupon dismiss the complaint without further proceedings, or direct further investigation or, if it determines that probable cause exists for crediting the allegations of the complaint, direct that the alleged discriminatory practice or practices be the subject of conference, conciliation and persuasion or mediation.  Neither the members of the Commission nor any person participating in the investigation shall disclose what has occurred in the course of such efforts to conciliate.  The determination of probable cause shall be made, and the investigation and conciliation or mediation shall be conducted, in accordance with such rules, regulations and guidelines as the Commission shall prescribe. 

C.    If such efforts fail to eliminate the alleged discriminatory practice or practices, the complainant shall be referred to the Missouri Commission on Human Rights.  

SECTION 220.140:  PROSECUTIONS─TIME LIMITATIONS  

A.    No prosecution for a violation of any provision of this Chapter, shall be commenced unless a complaint shall have first been filed with the Commission and efforts of the Commission to eliminate the alleged violation have failed.

B.    The period of limitation for any violation of this Chapter shall not run during any time while a complaint involving the alleged violation is pending before the Commission.

SECTION 220.150:  PENALTY FOR VIOLATION OF CHAPTER

Any person who shall violate any provision of this Chapter shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00), or imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment.