U.S. Department of Housing and Urban Development (HUD)
Whether you are trying to rent, buy, sell, or finance a home or apartment, as a tenant, homeowner, or landlord, you need to know the rights and protections provided by the Federal Fair Housing Act, and state and local fair housing laws. It's equally important for you to know where to file a complaint if you suspect you are a victim of discrimination or predatory lending. Federal law makes it unlawful to discriminate in housing based on race, color, national origin, religion, sex, disability or family status (families with children under the age of 18, or who are expecting a child). Broader protections are often provided under state, county, or city laws (see City of Kirksville Fair Housing Code of Ordinance below).
If you feel that your fair housing rights have been violated, you can file a complaint with the U.S. Department of Housing and Urban Development by calling HUD's national toll-free hotline (1-800-669-9777).
City of Kirksville - Code of Ordinances, Article II. Sec. 13-18. Fair housing.
The city council 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, national origin, sexual orientation, ancestry, family status, handicapped status or religious affiliation. This article shall be deemed an exercise of the police powers of the city for protection of the public welfare, prosperity, health and peace of the citizens of Kirksville.
(1) Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context otherwise indicates: Aggrieved person. Includes any person who is attempting to provide housing for himself/herself and/or his/her family in the city. Discriminate means distinctions in treatment because of race, sex, color, religion, national origin, sexual orientation, ancestry family status, handicapped status or religious affiliation of any person. Person. Includes any individual, firm, partnership or corporation.
(2) Discriminatory practices. It shall be a discriminatory practice and a violation of this article for any person to: a. Refuse to sell or rent after the making of the bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, sex, color, religion, national origin, sexual orientation, ancestry, family status or religious affiliation of any person. b. 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, sex, color, religion, national origin, sexual orientation, ancestry, family status, handicapped status or religious affiliation. c. 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, sex, color, religion, national origin, sexual orientation, ancestry, family status, handicapped status or religious affiliation or an intention to make any such preference, limitation, or discrimination. d. Represent to any person because of race, sex, color, religion, national origin, sexual orientation, ancestry, family status, handicapped status or religious affiliation 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, sex, color, religion, national origin, sexual orientation, ancestry, family status, handicapped status or religious affiliation. f. Bars discrimination in the sale or rental of dwellings on the basis of a handicap, and requires the design and construction of new multifamily with four (4) or more units to meet certain federal adaptability and accessibility requirements. g. Bars discrimination in the sale or rental of housing because a family has children, but exempts certain types of buildings that house older persons, e.g., section 202 Housing.
(3) 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 a person in the fixing of the amount or conditions of such loan, because of the race, sex, color, religion, national origin, sexual orientation, ancestry, family status, handicapped status or religious affiliation of such person or of any person associated with such person in connection with such financing.
(4) Exemptions. The provisions of this article, and particularly section 13-19 hereof, shall not apply to the following: a. A rental or leasing of a dwelling unit in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner or members of the family reside in such a dwelling unit. b. A rental or leasing to less than five (5) persons living in a dwelling unit by the owner, if the owner or members of the family reside therein. c. Any single-family house sold or rented by an owner, provided that such house is sold or rented: 1. Without the use of sales or rental facilities or services of real estate brokers, agents, salesmen, or persons in the business of selling or renting dwellings; and 2. Without the publication, posting or mailing of any advertisement in violation of 13-18(2)(c) of this article; provided, however, that nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as is necessary to perfect or transfer the title, and that any such private individual owner does not own any interest in, nor is there owned or reserved on the person's 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. d. For the purposes of section 13-18(4)c. a person shall be in the business of selling or renting dwellings if: 1. The person 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. The person has, within the preceding twelve (12) months, participated as agent, other than in the sale of the person's 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. The person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.
(5) Administration. a. There is hereby created a fair housing officer who shall be appointed by the city manager of the city. b. Every complaint of a violation of this article shall be referred to the fair housing officer. The fair housing officer 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 the time. If the fair housing officer, after investigation, finds there is no merit to the complaint, the same shall be dismissed. If the fair housing officer finds that there is merit in the complaint, in their opinion, then and in that event, the fair housing officer will endeavor to eliminate the alleged discriminatory practice by conference and conciliation. c. If the fair housing officer is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then and in that event, the fair housing officer shall forward said complaint to the fair housing committee for handling. The fair housing committee shall consist of all the members of the fair housing board. d. If the board is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then and in that event, the fair housing board 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. (Ord. No. 11416, § 2, 11-1-99; Ord. No. 11565, § 3, 4-15-2002; Ord. No. 11862, §§ 1, 2, 3-2-2009)
Return to the Economic & Community Development Main Page.