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. (1) It shall be unlawful to make inquiry to determine whether an applicant for a 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 or to make inquiry as to the nature or severity of a handicap of the person. However, this section does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps:

   1. (A) Is an applicant able to meet the requirements of ownership or tenancy?
   2. (B) Is an applicant qualified for a dwelling available only to persons with handicaps or to persons with a particular type of handicap?
   3. (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?
   4. (D) Is an applicant for a dwelling a current illegal abuser or addict of a controlled substance? and
   5. (E) Has an applicant been convicted of the illegal manufacture or distribution of a controlled substance?

AUTHORITY: sections 213.030 and 213.040, RSMo Supp. 1992.* Original rule filed Dec. 2, 1992, effective June 7, 1993.

*Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992 and 213.040, RSMo 1986, amended 1992.