PURPOSE: This rule clarifies lawful and unlawful inquiries regarding the handicaps of an applicant for a dwelling, a person intending to reside in that dwelling, or any person associated with that person.
- (1) It shall be unlawful to make inquiry to determinewhether an applicantfora dwelling, a person intending to reside in that dwelling after it is so sold, rented or made available, or any person associated with that person, has a handicap ortomakeinquiry as to thenatureor severity of a handicap of the person. However, this section does not prohibit the following 8 CSR 60-4-LABOR & IND. RELATIONS
inquiries! provided these inquiries are made of all applicants, whether or not they have handicaps:
- (A) Is an applicant able to meet the require ments of ownership or tenancy?
- (B) Is an applicant qualified for a dwelling available only to persons with handicaps or to persons with a particular type of handicap?
- (C) Is an applicant for a dwelling qualified for a priority available to persons with handicaps or to persons with a particular type of handicap?
- (D) Is an applicant for a dwelling a current illegal abuser or addict of a controlled substance? and
- (E) Has an applicant been convicted of the illegal manufacture or distribution of a controlled substance?
Auth: sections 213.030 and 213.040, RSMo (Cum. Supp. 1992/.* Original rule filed Dec. 2,1992, ejjectiue June 7,1993. XOrigg;nal authority: 213.030, RSMo (19591, amended 1978, 1986, 1992 and 213.040, RSMo 11986j. amended 1992.