Anti-Discrimination Center

717.010 Definitions. --As used in this chapter: back to top

1. Chairman means the Chairman of the St. Louis County Commission on Human Relations.

2. Commission means the St. Louis County Commission on Human Relations.

3. Dwelling means any building, structure, or portion thereof located within the unincorporated area of St. Louis County 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.

4. Family includes a single individual.

5. Person includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, trustees, trustees in bankruptcy, unincorporated organizations, receivers, and fiduciaries. Masculine pronouns shall include the feminine.

6. 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.

7. Discriminatory housing practice means an act that is unlawful under Section 717.020, and also includes coercion, intimidation, threats, or interference with any person in the exercise or enjoyment of the rights to fair housing set out in this Code.

8. Code means the Fair Housing Code of St. Louis County hereby enacted.

9. Familial status means one (1) or more individuals less than eighteen (18) years of age being domiciled with:

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

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

10. Handicap means, with respect to a person:

a. A physical or mental impairment which substantially limits such person's major life activities,

b. A record of having such an impairment,

c. Being regarded as having such an impairment. Provided, however, that "handicap" shall not include current, illegal use of or addiction to a controlled substance as defined by Missouri law.

(O. No. 17539, 5-4-95)

717.020 Discrimination in the Sale or Rental of Housing. --Except as exempted by Section 717.030, it shall be unlawful for any person: back to top

1. 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, 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, 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, sex, 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, 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. For profit, to induce or attempt to induce any person to sell or rent any dwelling by representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, sex, handicap or familial status.

(O. No. 17539, 5-4-95)

717.030 Discrimination in the Sale or Rental of Housing, Exemptions. back to top

--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, 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, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. Nor does any provision of this Code regarding familial status apply with respect to housing for older persons, as defined by 42 U.S.C. § 3607(b)(2).
(O. No. 17539, 5-4-95)

717.040 Discrimination in the Financing of Housing. back to top

--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 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, sex, handicap or familial status, of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of 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.
(O. No. 17539, 5-4-95)

717.050 Discrimination in the Provision of Brokerage Services. back to top

--It shall be unlawful for any person to deny any person access to or membership or participation in any multiple listing service, real estate broker's organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, national origin, sex, handicap or familial status.
(O. No. 17539, 5-4-95)

717.055 Solicitation--Sale or Rental of Dwellings--Unlawful. back to top

1. It shall be unlawful for any real estate corporation, partnership, firm or association, or for any person acting as a real estate agent, salesman, or broker, or for any agent, employee, or person acting on their behalf to solicit or induce or attempt to solicit or induce in any manner or by any means, including but not limited to the use of the mails, telegraph, letters, flyers, leaflets, circulars, telephone, door-to-door solicitation or any other type of written or oral personal contact, any person having any interest in a dwelling, including occupant, to sell, lease, rent, move from or otherwise dispose of or change his interest in said dwelling.

2. Subsection 717.055-1 shall not be applicable to:

(a) any solicitation or attempted solicitation to sell, lease, rent, move from, or otherwise dispose of or change interest in any vacant land;

(b) any solicitation or attempted solicitation to sell, lease, rent, move from or otherwise dispose of or change interest in any dwelling, said solicitation or attempted solicitation being publicly broadcast on television or radio or placed in a newspaper or magazine of general circulation;

(c) any solicitation or attempted solicitation to sell, lease, rent, move from or otherwise dispose of or change interest in any dwelling or other property for the purpose of acquiring tracts of real property for the purpose of residential, commercial, industrial or recreational development;

(d) any solicitation or attempted solicitation to sell, lease, rent, move from or otherwise dispose of or change interest in any dwelling or other property whose owner or occupant has listed or advertised such property for sale or rent.

3. The complaint procedures set forth in Sections 717.070, 717.080 and 717.090 shall not be applicable to enforcement of the provisions of Section 717.055.

(O. No. 7070, 3-14-74)

717.056 Steering--Sale or Rental of Dwellings--Unlawful. back to top

1. It shall be unlawful for any real estate corporation, partnership, firm or association or for any person acting as a real estate agent, salesman or broker, or for any agent, employee or person acting in their behalf to:

(a) influence or attempt to influence any person who represents himself to be a prospective purchaser, occupant, or tenant of a dwelling to refrain from purchasing or renting a dwelling by referring to race, color, religion, national origin, sex, handicap or familial status of occupants or prospective occupants of other dwellings in the neighborhood;

(b) discriminate against any person who represents himself to be a prospective seller, purchaser, occupant, landlord or tenant of a dwelling by any influence, suggestion, act or failure to act, or accord any differential treatment among such persons, in connection with the sale or rental of a dwelling or in the furnishing of information, services, or facilities relative thereto, because of race, color, religion, national origin, sex, handicap or familial status of any person.

2. The complaint procedure set forth in Sections 717.070, 717.080 and 717.090 shall not be applicable to enforcement of the provisions of subsection 717.056-1.

(O. No. 17539, 5-4-95)

717.060 Administration. back to top

--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 to Federal, State, local, or other public or private agencies, organizations, and institutions which are formulating or carrying out programs to prevent or eliminate discriminatory housing practices.
(O. No. 6379, 6-29-72)

717.070 Complaint Procedure. back to top

1. Any person claiming to be aggrieved or injured by a discriminatory practice prohibited by this Chapter or who believes that he will be irrevocably aggrieved or injured by a discriminatory practice prohibited by this Chapter which is about to occur may file a complaint with the Commission. All complaints shall be in writing, shall be signed by the complainant on his oath, shall state the facts upon which the complaint is based, and shall contain such other information and shall be in such form as the Commission may require. All complaints may be reasonably and fairly amended at any time with leave of the Commission. All complaints shall be filed within six (6) months after occurrence of the alleged discriminatory practice. A copy of a complaint and all amendments thereto shall be given to the person or persons who allegedly have committed or who allegedly are about to commit a discriminatory practice. The Commission shall investigate and determine, within thirty (30) days after receiving a complaint, if cause exists for the allegations made in the complaint. If the Commission finds cause for complaint, it shall have thirty (30) days in which to eliminate or correct the alleged discriminatory practice by informal methods of conference, conciliation, and persuasion. If the Commission finds no cause for complaint, it shall dismiss the complaint.

2. The Commission or any member may issue a complaint against any person who it has reason to believe has engaged in a discriminatory practice prohibited by this Chapter.

3. An answer to a complaint may be filed by the person or persons who allegedly have committed or who allegedly are about to commit a discriminatory practice. Answers shall be in writing, shall be signed by each respondent on his oath, shall state the facts upon which the answer is based, and shall contain such other information and shall be in such form as the Commission may require. All answers shall be filed within five (5) days prior to any hearing of the matters alleged in the complaint, except that when requested in writing and for good cause shown, the Commission may permit the filing of an answer at any time. Answers may be reasonably and fairly amended at any time with leave of the Commission. A copy of an answer and all amendments thereto shall be given to the complainant.

4. If informal methods of conference, conciliation and persuasion fail, the Commission shall set a date for hearing of the matters alleged in the complaint which date shall be within thirty (30) days after expiration of the period established for said informal methods or after earlier determination by the Commission that said informal methods have failed. The Commission shall give written notice to the complainant and respondent as to the day, hour, place and purpose of the hearing and shall supply them with a copy of the Commission's Rules of Procedure. Written notice of the hearing shall be given to each complainant and respondent at least fifteen (15) days prior to the date of hearing. Hearing shall be private or open to the public in the sole discretion of the Commission. Hearings shall be conducted in a fair and impartial manner according to the Commission's Rules of Procedure. Each complainant and respondent may appear with legal counsel and shall have the right to present proof, examine witnesses and in all manner be fully heard in all matters relating to the complaint and subsequent related occurrences. With the consent of the complainant, the Commission may appoint its legal counsel, the County Counselor's office, to present the case in support of the complaint.

5. Within twenty (20) days after a hearing, if upon all the evidence a majority of the members of the Commission in attendance at the hearing find that a respondent has engaged in or is about to engage in a discriminatory practice prohibited by this Chapter, the Commission shall issue its findings of fact and determination and its order to cease and desist, or other appropriate order, and shall cause such order to be served upon each complainant and respondent.

6. Within twenty (20) days after a hearing, if upon all the evidence a majority of the members of the Commission in attendance at the hearing do not find that a respondent had engaged in or is about to engage in a discriminatory practice prohibited by this Chapter, the Commission shall issue its findings of fact and determination and its order dismissing the complaint, and any other appropriate order, and shall cause such order to be served upon each complainant and respondent.

(O. No. 17539, 5-4-95)

717.080 Rehearings. back to top

--Within ten (10) days following the issuance by the Commission of its findings of fact and determination and order or orders, any complainant or respondent may file with the Commission a written motion for rehearing which shall be granted upon the affirmative vote of at least a majority of the members of the Commission in attendance at the hearing. No rehearing shall be had except in cases where a material fact or facts become known subsequent to the hearing and where such material fact or facts were not known or could not have been known to the party requesting the rehearing either before or during the hearing by the application of reasonable diligence.
(O. No. 6379, 6-29-72)

717.090 Enforcement by County Counselor. back to top

--The Commission shall certify the entire case to the County Counselor for appropriate action in cases of noncompliance with its order to cease and desist or other appropriate order.
(O. No. 6379, 6-29-72)

717.100 Penalties. back to top

1. Any person violating any of the provisions of this Chapter shall upon conviction be punished for each such violation by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00).

2. In addition to the above penalties the County Counselor shall take such other actions at law or in equity as may be required to correct or eliminate any violations of this Chapter.

(O. No. 7070, 6-29-72)