PURPOSE: This rule lists exceptions to the fair housing sections of Chapter 213, RSMo.

1. (1) Any religious organization, association, or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society may limit the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose (activity engaged in for profit) to persons of the same religion or give preference to these persons, unless membership in the religion is restricted on account of race, color or national origin.
2. (2) A private club, not open to the public, which as an incident to its primary purpose(s) provides lodging which it owns or operates for other than a commercial purpose, may limit the rental or occupancy of the lodging to its members or may give preference in occupancy to its members.

3. (3) Other than the prohibitions against discriminatory advertising in 213.040.1(3), RSMo, the following are exempted from the coverage of Chapter 213, RSMo:

   1. (A) The sale or rental of any single family house by a private individual owner, provided— INDUSTRIAL RELATIONS

      1. 1. The private individual owner does not

own or have any interest in more than three (3) single family homes at any one (1) time; and

1. 2. The house is sold or rented without

the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings, and without publication, posting or mailing of any advertisement. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to the sale, this exemption applies to only one (1) such sale in any twenty-four (24)-month period; and

1. (B) The rental of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of these living quarters as his/her residence.

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.