Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 4 - Guidelines and Interpretations of Fair Housing Sections of the Missouri Human Rights Act › Section 8 CSR 60-4.020 - Reasonable Modifications of Existing Premises

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes guidelines regarding
				  modifications made to premises for a person with a disability.
(1) It shall be unlawful for any person to
				refuse to permit, at the expense of a person with a disability, reasonable
				modifications of existing premises occupied or to be occupied by a person with
				a disability, if the proposed modifications may be necessary to afford the
				person with a disability full enjoyment of the premises. In the case of a
				rental, the landlord, where it is reasonable to do so, may condition permission
				for a modification on the renter agreeing to restore the interior of the
				premises to the condition that existed before the modification, reasonable wear
				and tear excepted. The landlord may not increase any customarily required
				security deposit for persons with disabilities. However, where it is necessary
				to ensure with reasonable certainty that funds will be available to pay for the
				restorations at the end of the tenancy, the landlord may negotiate as part of a
				restoration agreement, a provision requiring that the tenant pay into an
				interest-bearing escrow account, over a reasonable period, a reasonable amount
				of money not to exceed the cost of the restorations. The interest in this
				account shall accrue to the benefit of the tenant.
(2) A landlord may condition permission for a
				modification on the renter providing a reasonable description of the proposed
				modifications as well as reasonable assurances that the work will be done in a
				satisfactory manner and that any required building permits will be
				obtained.
(3) The application of
				this rule may be illustrated by the following examples:
(A) Example 1: A tenant with a handicap asks
				his/her landlord for permission to install grab bars in the bathroom at the
				tenant's expense. It is necessary to reinforce the walls with blocking between
				studs in order to affix the grab bars. It is unlawful for the landlord to
				refuse to permit the tenant, at the tenant's own expense, from making the
				modifications necessary to add the grab bars. However, the landlord may
				condition permission for the modification on the tenant agreeing to restore the
				bathroom to the condition that existed before the modification, reasonable wear
				and tear excepted. It would be reasonable for the landlord to require the
				tenant to remove the grab bars at the end of the tenancy. The landlord also may
				reasonably require that the wall to which the grab bars are to be attached be
				repaired and restored to its original condition, reasonable wear and tear
				excepted. However, it would be unreasonable for the landlord to require the
				tenant to remove the blocking, since the reinforced walls will not interfere in
				any way with the landlord's or the next tenant's use and enjoyment of the
				premises and may be needed by some future tenant.
(B) Example 2: An applicant for rental
				housing has a child who uses a wheelchair. The bathroom door in the dwelling
				unit is too narrow to permit the wheelchair to pass. The applicant asks the
				landlord for permission to widen the doorway at the applicant's own expense. It
				is unlawful for the landlord to refuse to permit the applicant to make the
				modification. Further, the landlord, in usual circumstances, may not condition
				permission for the modification on the applicant paying for the doorway to be
				narrowed at the end of the lease because a wider doorway will not interfere
				with the landlord's or the next tenant's use and enjoyment of the
				premises.