Definitions

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. AUTHORITY: sections 213.030 and 213.040, RSMo (Cum. Supp. 1992).* Original rule filed April 15, 1988, effective July 11, 1988. Amended: 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.