Victims of domestic violence, sexual assault, or stalking
A landlord cannot refuse to rent to someone, kick them out, or say they broke a lease just because they are a victim of domestic violence, sexual assault, or stalking. To get this protection, the person tells the landlord what happened and may need to show paperwork proving it, like a police report or a letter from a doctor or victim advocate. If someone gives false information to get this protection, the landlord can use that as a reason to deny or end the tenancy.
441.920. Victims of , , or — no discrimination against s, s, or for residential properties. — 1. For purposes of this section, the following terms mean:
(1) "Domestic violence", as such term is defined in section 455.010;
(2) "Sexual assault", as such term is defined in section 455.010;
(3) "Stalking", as such term is defined in section 455.010.
2. No applicant, tenant, or shall be denied , be evicted from the , or found to be in violation of a on the basis of or as a direct result of the fact that the applicant, tenant, or lessee is, has been, or is in of becoming a victim of domestic violence, sexual assault, or stalking if the applicant, tenant, or lessee otherwise qualifies for tenancy or occupancy in the premises. The of this shall not apply if:
(1) The applicant, tenant, or lessee allowed the person named in any documentation listed in subsection 4 of this section into the premises; or
(2) The landlord or property owner reasonably believes that a person named in any documentation listed in subsection 4 of this section poses a threat to the safety of the other or the property.
3. In any brought by a landlord against a tenant under this chapter, chapter 534, or chapter 535, a tenant shall have an and not be for rent for the period after which the tenant vacates the premises owned by the landlord if, by a , the court finds that the tenant was a victim or was in imminent danger of becoming a victim of domestic violence, sexual assault, or stalking and the tenant notified the landlord and has provided any requested documentation under subsection 4 of this section.
4. An applicant, tenant, or lessee shall qualify for the protections under this section if he or she provides a statement of such domestic violence, sexual assault, or stalking to his or her landlord or the property owner. If the landlord or property owner requests, the applicant, tenant, or lessee shall provide documentation of the domestic violence, sexual assault, or stalking, which may be in any of the following forms:
(1) A document signed by an employee of a , or a or mental health professional from whom the victim has sought assistance relating to domestic violence, sexual assault, stalking, or the of stating that, under , the individual believes in the of the incident of domestic violence, sexual assault, or stalking that is the ground for protection, and that the incident meets the applicable definition of domestic violence, sexual assault, or stalking. Such document shall be signed by the victim; or
(2) A of a federal, state, or local , including a police report, a court, or an pertaining to the alleged incident of domestic violence, sexual assault, or stalking.
5. The of false by an applicant, tenant, or lessee under this section may be a basis for a of tenancy, , or a violation of a lease agreement.
6. Any landlord or property owner may impose a reasonable on a tenant or lessee who desires to terminate a before the expiration date of such lease under the provisions of this section.
7. The provisions of this section shall only apply to residential properties.
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Source & history notes
(L. 2019 H.B. 243 & 544)
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