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Fair Housing: The Basics

Written by Landlord Legal USA

For Missouri Landlords Only

This guide applies to Missouri law. Rules vary by state and county.

⚡️Overview

You cannot discriminate against Tenants based on a "protected class." Both federal law (the Fair Housing Act) and Missouri law (the Missouri Human Rights Act, Mo. Rev. Stat. § 213.010 et seq.) prohibit housing discrimination. Federal, state, and local definitions keep expanding — when in doubt, ask us.

📋 Protected Classes Under Missouri and Federal Law

Missouri and federal law protect the following classes from rental discrimination:

  • Race

  • Color

  • Religion

  • Sex (including sexual harassment)

  • National origin

  • Familial status (families with children under 18)

  • Physical or mental disability

  • Ancestry

  • Age

  • Veteran or military status

  • Sexual orientation and gender identity (protected under the MHRA as of recent Missouri Commission on Human Rights guidance and federal HUD interpretation)

  • Source of income (where required by applicable local ordinance, e.g., Kansas City)

Local laws may extend protections to additional classes. Always check applicable local ordinances.


🚫 Common Ways Landlords Violate Fair Housing Laws

  1. Advertising — Making statements or displaying images that suggest a preference based on a protected class. This includes social media posts, signs, and online listings.

  2. Screening — Refusing applications, discouraging applicants, or falsely claiming a unit is unavailable. Use a consistent, documented screening process and a standard rental application.

  3. Accommodations — Failing to make reasonable accommodations for a Tenant with a disability, or limiting a Tenant's access to portions of the property based on a protected characteristic.


🏡 Properties Exempt from the Federal Fair Housing Act

Discriminatory advertising is always illegal — even for exempt properties. Subject to that, limited exemptions exist for:

  1. Owner-occupied buildings with four or fewer units.

  2. Single-family homes rented without advertising or a real estate agent.

  3. Certain housing operated by religious organizations or private clubs.

The Missouri Human Rights Act may fill in gaps left by federal exemptions. If you're unsure whether an exemption applies, ask us.


⚖️ Reasonable Accommodations

You must make reasonable accommodations for Tenants with disabilities — changes to rules, policies, practices, or services that give people with disabilities equal access to housing. The Tenant must make the request; you then evaluate it case by case. Never ignore an accommodation request — silence may be treated as a denial.

FAQs

Can I ask for proof of disability when a Tenant requests an accommodation?

If the disability is obvious (e.g., a wheelchair user asks for a ground-floor unit), don't ask. If it's not obvious (e.g., an ESA request for an invisible disability), you can request documentation from a qualified professional — but don't ask for medical records or details beyond what's needed to verify the disability and its connection to the request.

Can I limit the number of Tenants?

Occupancy limits are permissible if reasonable and consistently applied, but never base limits on the presence of children. A "two-person-per-bedroom" standard is generally defensible; refusing children is not.

📄Forms

Rental Application — Consistent, documented screening process


📜 Relevant Laws

Federal Fair Housing Act — 42 U.S.C. § 3601

Missouri Human Rights Act — Mo. Rev. Stat. § 213.010 et seq.

Missouri Commission on Human Rights — labor.mo.gov/MCHR



💬 Need Help?

Reach out to Member Support

📞 (888) 885 - 7280



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