Cal. Civ. Code § 8 CSR 60-4.015
Inquiries Regarding Persons with Disabilities
Operative Text
PURPOSE: This rule clarifies lawful and unlawful inquiries regarding the disabilities of an applicant for a dwelling, a person intending to reside in that dwelling, or any person associated with that person. (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 disability or to make inquiry as to the nature or severity of a disability the person may have. However, this section does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have disabilities: (A) Is an applicant able to meet the requirements of ownership or tenancy? (B) Is an applicant qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability? (C) Is an applicant for a dwelling qualified for a priority available to persons with disabilities or to persons with a particular type of disability? (D) Is an applicant for a dwelling a current illegal abuser or addict of a controlled substance? and (E) Has an applicant been convicted of the illegal manufacture or distribution of a controlled substance? AUTHORITY: sections 213.030 and 213.040, RSMo 2000.* Original rule filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed March 16, 2009, effective Sept. 30, 2009. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992, 1993, 1995, 1998 and 213.040, RSMo 1986, amended 1992, 1998.
Under 8 CSR 60-4.015, housing providers are generally prohibited from asking applicants, prospective residents, or people associated with them whether they have a disability or about the nature and severity of any disability. The rule does carve out a narrow set of permissible questions — such as whether an applicant can meet ownership or tenancy requirements, or whether they qualify for disability-specific housing or priority programs — but only when those questions are posed uniformly to all applicants. Questions about current illegal use of controlled substances or convictions for manufacturing or distributing them are also permitted under the same uniform-inquiry condition.
Plain English — not legal advice.
Operators subject to 8 CSR 60-4.015 generally avoid any screening question that probes whether an applicant has a disability or asks about its nature or severity. Compliant operators who use the narrow permitted inquiries — such as ability to meet tenancy requirements or eligibility for disability-preference programs — apply those questions consistently to every applicant in the same pool, regardless of whether a disability is apparent or disclosed. Maintaining uniform, documented screening criteria helps demonstrate that inquiry practices align with the rule's requirements under sections 213.030 and 213.040, RSMo.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
8 CSR 60-4.015 gives housing applicants protection against being asked about the existence, nature, or severity of a disability during the application process. If a housing provider asks questions that appear to target disability status in ways not permitted by the rule's narrow exceptions, that conduct may constitute an unlawful inquiry under Missouri's fair housing framework. Tenants and applicants who believe this provision has been violated can explore options such as filing a complaint with a state or federal fair housing agency, raising the violation as a defense in a housing proceeding, or contacting a tenant-rights or fair housing organization for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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