Cal. Civ. Code § 8 CSR 60-4.035
Exceptions
Operative Text
PURPOSE: This rule lists exceptions to the fair housing sections of Chapter 213, RSMo. (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) 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) Other than the prohibitions against discriminatory advertising in 213.040.1(3), RSMo, the following are exempted from the coverage of Chapter 213, RSMo: (A) The sale or rental of any single family house by a private individual owner, provided— 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 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 (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.
Missouri regulation 8 CSR 60-4.035 carves out specific situations where the fair housing requirements of Chapter 213, RSMo do not apply. Religious organizations and nonprofit entities they control may restrict housing they own to members of their faith, as long as that faith does not itself exclude people based on race, color, or national origin. Private clubs may limit lodging to their members, and certain small-scale private landlords and owner-occupants of small multi-family properties may also fall outside the law's coverage under defined conditions.
Plain English — not legal advice.
Under 8 CSR 60-4.035, property owners who believe they may qualify for one of these exceptions—such as owning no more than three single-family homes and conducting a sale without a broker or any advertising—generally document their compliance with each specific condition the rule requires. Owner-occupants of buildings with four or fewer units who rent out the remaining quarters similarly confirm they actually reside on the premises. Because the exceptions are narrowly defined and the prohibition on discriminatory advertising still applies in most cases, compliant operators typically review each condition carefully before relying on an exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If a landlord or seller claims they are not covered by Missouri's fair housing law, 8 CSR 60-4.035 sets out the precise and limited circumstances under which that exemption is valid. Tenants and prospective buyers who believe a claimed exception is being misapplied—for example, if a seller used a broker or advertisement while claiming the single-family exemption—may have grounds to challenge that position. General enforcement paths include filing a complaint under Chapter 213, RSMo, contacting a tenant-rights or fair housing organization, or consulting with an attorney familiar with Missouri housing law.
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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