Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.015 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms used in these
				  rules.
(1) Where used in
				these rules, unless the context otherwise clearly requires-
(A) Commission, discrimination, unlawful
				discriminatory practice, dwelling, employer, employment agency, family,
				handicap, labor organizations, person, places of public accommodation, rent and
				age shall mean the same as those terms are used in the Act;
(B) The phrase a violation of sections
				213.040,
				213.045,
				213.050
				or 213.070, RSMo, to the extent that the alleged violation of 213.070, RSMo
				relates to or involves a violation of one (1) or more of such other sections or
				relates to or involves the encouraging, aiding or abetting of a violation of
				such other sections means an alleged violation of the section listing unlawful
				housing practices, the section prohibiting discrimination in commercial real
				estate loans, the section prohibiting discrimination in selling or renting by
				real estate agencies or the section listing additional unlawful discriminatory
				practices. However, for an alleged violation of the latter section to be
				applicable in this context, the alleged violation must relate to, involve or
				grow out of alleged unlawful housing practices, discrimination in commercial
				real estate loans or discrimination in selling or renting by real estate
				agencies. That is, an alleged violation of section
				213.070,
				RSMo applies here when it is housing-related. The following examples illustrate
				this definition:
1. Example: A complaint is
				filed under section
				213.070(2),
				RSMo alleging retaliation for filing a prior complaint. To be within the
				meaning of the phrase defined at subsection (1)(A), the prior complaint must
				have alleged an unlawful housing practice, discrimination in commercial real
				estate loans or discrimination in selling or renting by real estate
				agencies;
2. Example: A complaint
				is filed under section
				213.070(1),
				RSMo alleging that a person attempted to aid, abet, incite, compel and coerce
				the commission of acts prohibited by sections
				213.040,
				213.045
				or
				213.050,
				RSMo. This complaint would be within the meaning of the phrase defined in the
				subsection; and
3. Example: A real
				estate broker is told by his/her supervisor not to show a particular house to
				blacks. S/he refuses because it is unlawful discrimination. The broker is fired
				and files a complaint under section
				213.070,
				RSMo. As this is housing-related, the broker would have the right of election
				of forums after his/her case is set for hearing;
(C) The term Act shall mean the Missouri
				Human Rights Act (Chapter 213, RSMo);
(D) The term aggrieved shall mean injured or
				having suffered loss, denial or disparate treatment;
(E) The term any person claiming to be
				aggrieved by an unlawful discriminatory practice shall include any person who:
1. Claims to have been injured or to have
				suffered loss, denial or disparate treatment from a discriminatory practice;
				or
2. Believes that s/he will be
				injured or will suffer loss, denial or disparate treatment from a
				discriminatory practice that is about to occur;
(F) The term chairperson shall mean the
				chairperson of the Missouri Commission on Human Rights and the term
				commissioner shall mean any member, including the chairperson of the Missouri
				Commission on Human Rights;
(G) The
				term complainant shall mean a person who files a complaint with the commission,
				including the attorney general in the case of a complaint initiated by the
				attorney general or the complainant's agent;
(H) The term complaint shall mean an
				allegation of a violation of the Act filed with the commission in accordance
				with the provisions of the Act and these rules;
(I) The term executive director shall mean an
				employee of the commission, selected by, and serving at the will of the
				commission as executive director, who shall have duties, powers and authority
				as may be conferred upon him/her by the commission, subject to the provisions
				of the Act;
(J) The term housing
				for older persons means housing-
1. Provided
				under any state or federal program that the commission determines is
				specifically designed and operated to assist elderly persons, as defined in the
				state or federal program. This definition is deemed to be met if the Department
				of Housing and Urban Development determines the program in question is
				specifically designed and operated to assist elderly persons;
2. Intended for, and solely occupied by,
				persons sixty-two (62) years of age or older;
3. Intended and operated for occupancy by at
				least one (1) person fifty-five (55) years of age or older per unit. In
				determining whether housing qualifies as housing for older persons under this
				subsection, the following factors are required:
A. The existence of significant facilities
				and services specifically designed to meet the physical or social needs of
				older persons, or if the provision of these facilities and services is not
				practicable, that this housing is necessary to provide important housing
				opportunities for older persons; and
B. That at least eighty percent (80%) of the
				units are occupied by at least one (1) person fifty-five (55) years of age or
				older per unit; and
C. The
				publication of, and adherence to, policies and procedures which demonstrate an
				intent by the owner or manager to provide housing for persons fifty-five (55)
				years of age or older; or
4. Meeting the following requirements:
A. Persons residing in this housing as of
				September 13, 1988 who do not meet the age requirements of (1)(J)2. and 3.
				shall not disqualify this as housing for older persons; provided, that new
				occupants of this housing meet the age requirement of (1)(J)2. and 3.
B. Unoccupied units shall not disqualify this
				as housing for older persons; provided, that these units are reserved for
				occupancy by persons who meet the age requirements of (1)(J)2. and 3.
(K) The term presiding
				officer shall mean either the presiding commissioner of the hearing panel or a
				hearing examiner appointed pursuant to section 213.075.5, RSMo; and
(L) The term respondent shall mean a person
				against whom a complaint has been filed in accordance with the Act and these
				rules.