What fair housing laws must landlords follow?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Fair Housing Laws Landlords Must Follow in Missouri
Operating as a landlord in Missouri entails compliance with a variety of legal requirements designed to protect the rights of tenants and promote equitable housing practices. A critical area of legal compliance revolves around fair housing laws, which prevent discrimination and ensure access to housing opportunities for all individuals. Understanding and adhering to these laws is essential for landlords to avoid legal pitfalls and foster a respectful rental environment.
Overview of Fair Housing Laws in Missouri
Missouri landlords must comply with both federal and state fair housing laws. While federal laws set the baseline for anti-discrimination protections, Missouri has enacted its own statutes that supplement these protections and address state-specific dynamics.
Federal Fair Housing Act
At the core of fair housing compliance is the Federal Fair Housing Act (FHA), which prohibits discrimination in housing based on certain protected classes. The FHA applies nationwide, including Missouri, and lays the foundation for fair treatment in housing transactions.
Protected Classes Under the FHA Include:
- Race
- Color
- National origin
- Religion
- Sex (including gender identity and sexual orientation under recent federal guidance)
- Familial status (presence of children under 18)
- Disability
Missouri Human Rights Act
In addition to federal protections, the Missouri Human Rights Act (MHRA) expands fair housing protections at the state level. The MHRA is enforced by the Missouri Commission on Human Rights and offers similar protections against discrimination as the FHA but can be more expansive in some respects.
Missouri’s Listed Protected Classes Include:
- Race
- Color
- Religion
- National origin
- Ancestry
- Sex
- Age
- Disability
- Familial status
- Military status
- Sexual orientation
- Gender identity
Key Compliance Requirements for Missouri Landlords
To comply with Missouri fair housing laws, landlords should incorporate the following practices into their rental operations:
1. Non-Discriminatory Advertising
- Use neutral language in rental advertisements that does not indicate preference or limitation based on protected classes.
- Avoid phrases like “ideal for singles” or “no children,” which may imply discrimination against familial status.
- Include a fair housing logo or statement in advertisements to affirm compliance.
2. Consistent Tenant Screening Criteria
- Apply the same qualifying criteria to all applicants regardless of protected status.
- Use objective factors such as income, credit history, rental references, and background checks.
- Provide clear, written explanations if an application is denied to avoid claims of discriminatory motives.
3. Reasonable Accommodations and Modifications
- Allow tenants with disabilities to request reasonable accommodations (e.g., emotional support animals, specialized parking) or reasonable modifications (e.g., grab bars, ramps) at their expense.
- Evaluate accommodation requests promptly and in good faith.
- Denying reasonable accommodations without valid justification may constitute discrimination under the MHRA and FHA.
4. Lease Agreements and Rules
- Avoid lease provisions or house rules that disproportionately impact protected classes.
- Enforce rules uniformly and document any enforcement actions carefully.
5. Avoid Inquiries That Could Be Discriminatory
- Do not ask questions about race, religion, national origin, familial status, or disability during tenant screening.
- Focus on relevant financial and rental history questions only.
Additional Missouri-Specific Considerations
- Military Status Protections: As Missouri law explicitly includes military status in its protected classes, landlords must not discriminate against current or former service members or their families in any aspect of housing.
- Sexual Orientation and Gender Identity: Missouri law offers clear protections that require landlords to treat individuals fairly regardless of their sexual orientation or gender identity, ensuring an inclusive rental environment.
- Local Ordinances: Some municipalities in Missouri may have additional fair housing ordinances expanding protections further. Landlords should verify compliance with local rules in addition to statewide and federal laws.
Enforcement and Legal Consequences
The Missouri Commission on Human Rights handles complaints relating to discrimination under the MHRA. Tenants who believe they have faced discrimination may file complaints that can lead to investigations, mediation, or legal action.
Violations of fair housing laws can result in:
- Civil penalties and fines
- Compensatory damages payable to affected tenants
- Injunctive relief requiring changes in landlord practices
- Legal fees and court costs
Best Practices for Landlords in Missouri
- Train Staff: If using property managers or leasing agents, ensure they are trained in fair housing laws.
- Document Everything: Keep detailed records of inquiries, applications, communications, and decisions pertaining to tenants.
- Implement Policies and Procedures: Develop clear written policies that emphasize non-discrimination and outline procedures for processing applications and accommodation requests.
- Stay Updated: Laws and interpretations can evolve; regularly review Missouri Commission on Human Rights publications and federal HUD guidance regarding fair housing.
Conclusion
Missouri landlords must diligently follow fair housing laws to ensure equal access to housing and to uphold the legal rights of all applicants and tenants. By aligning rental practices with the standards set by the Federal Fair Housing Act and the Missouri Human Rights Act—particularly their expanded protections—landlords help promote fairness, reduce legal risk, and contribute to vibrant and inclusive communities throughout the state.