Fair Housing Act Complaint - Missouri

MISSOURI FAIR HOUSING COMPLAINT — MISSOURI HUMAN RIGHTS ACT AND FEDERAL FAIR HOUSING ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. Administrative Exhaustion (MHRA Housing Count)
6. Factual Allegations
7. Count I — Missouri Human Rights Act (Housing)
8. Count II — Federal Fair Housing Act (42 U.S.C. § 3604 / § 3617)
9. Count III — Reasonable Accommodation / Modification (Disability)
10. Damages
11. Prayer for Relief
12. Demand for Jury Trial
13. Verification
14. Signature and Service Blocks
15. Certificate of Service
16. Missouri Practice Notes
17. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF [____] COUNTY, MISSOURI

Case No. [____]

Division [____]

PETITION FOR DAMAGES, DECLARATORY, AND INJUNCTIVE RELIEF

1. Unlawful Housing Practices in Violation of the Missouri Human Rights Act (Mo. Rev. Stat. § 213.040);
2. Discrimination in Violation of the Federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Modification (Mo. Rev. Stat. § 213.040; 42 U.S.C. § 3604(f)).

JURY TRIAL DEMANDED

Plaintiff, by and through undersigned counsel, states and alleges:

2. INTRODUCTION

2.1. This is a civil action for housing discrimination arising from Defendants' unlawful conduct in connection with a dwelling on the basis of Plaintiff's [PROTECTED CHARACTERISTIC], in violation of the Missouri Human Rights Act ("MHRA"), Mo. Rev. Stat. ch. 213, and the federal Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq.

2.2. The MHRA's housing provisions are modeled on, and largely track, the federal Fair Housing Act, though Missouri enforcement proceeds independently through the Missouri Commission on Human Rights.

2.3. Plaintiff seeks actual and compensatory damages, punitive damages, civil penalties, declaratory and injunctive relief, and reasonable attorney's fees and costs.

3. PARTIES

3.1. Plaintiff. Plaintiff [NAME] ("Plaintiff") is an adult individual residing in [CITY, COUNTY], Missouri, and a member of one or more classes protected under the MHRA and FHA, namely [PROTECTED CLASS(ES)].

3.2. Defendant Owner / Landlord. Defendant [NAME] ("Defendant [SHORT NAME]") is, and at all relevant times was, the owner, lessor, or managing agent of the dwelling located at [PROPERTY ADDRESS], within the meaning of Mo. Rev. Stat. § 213.010 and § 213.040.

3.3. Individual Defendant. Defendant [NAME] is, and at all relevant times was, a [manager / leasing agent / member / officer] of Defendant [ENTITY], acting within the course and scope of that agency, and is alleged to have aided, abetted, incited, compelled, or coerced the unlawful practices under Mo. Rev. Stat. § 213.070.

3.4. [Real estate broker / lender Defendant, if applicable]. Defendant [NAME] is engaged in residential real estate-related transactions or brokerage services within the meaning of Mo. Rev. Stat. § 213.045 and § 213.050.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction under Mo. Const. art. V, § 14 and Mo. Rev. Stat. § 213.111, which authorizes a civil action in the circuit court following the issuance of a right-to-sue notice by the Missouri Commission on Human Rights.

4.2. This Court may adjudicate the parallel federal Fair Housing Act claims concurrently with the federal district courts. 42 U.S.C. § 3613(a).

4.3. Venue is proper in [____] County under Mo. Rev. Stat. § 213.111 and § 508.010 because the alleged unlawful housing practice occurred in this County and/or Defendant resides or has its principal place of business in this County.

5. ADMINISTRATIVE EXHAUSTION (MHRA HOUSING COUNT)

5.1. On or about [__/__/____], Plaintiff timely filed a verified complaint of housing discrimination with the Missouri Commission on Human Rights ("MCHR"), Charge No. [____], within one hundred eighty (180) days of the last discriminatory act, as required by Mo. Rev. Stat. § 213.075.

5.2. On or about [__/__/____], the MCHR issued Plaintiff a notice of right to sue. A true and correct copy is attached as Exhibit A.

5.3. This Petition is filed within ninety (90) days of the MCHR's right-to-sue notification letter, and within two (2) years of the alleged discriminatory act, as required by Mo. Rev. Stat. § 213.111.

5.4. Plaintiff has thereby exhausted all administrative remedies as to the MHRA housing count. The parallel federal FHA count (Count II) requires no such exhaustion.

6. FACTUAL ALLEGATIONS

6.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase / resided in / sought financing for] the dwelling located at [PROPERTY ADDRESS] ("the Dwelling").

6.2. Plaintiff is a member of the following protected class(es): [IDENTIFY — race, color, religion, national origin, ancestry, sex, disability, familial status].

6.3. Plaintiff was qualified for and met the legitimate, nondiscriminatory requirements for the [tenancy / purchase / loan].

6.4. Discriminatory practice(s) alleged. Defendants engaged in one or more of the following unlawful housing practices:

☐ Refusal to sell or rent, or to negotiate, after a bona fide offer (Mo. Rev. Stat. § 213.040.1(1); 42 U.S.C. § 3604(a))
☐ Discriminatory terms, conditions, or privileges (Mo. Rev. Stat. § 213.040.1(2); 42 U.S.C. § 3604(b))
☐ Discriminatory advertising or statements (Mo. Rev. Stat. § 213.040.1(3); 42 U.S.C. § 3604(c))
☐ Misrepresentation that a dwelling is unavailable (Mo. Rev. Stat. § 213.040.1(4); 42 U.S.C. § 3604(d))
☐ Steering to or away from a neighborhood or unit
☐ Blockbusting (Mo. Rev. Stat. § 213.040.1(5); 42 U.S.C. § 3604(e))
☐ Denial of access to a facility or service such as a multiple-listing service (Mo. Rev. Stat. § 213.040.1(6); § 213.050)
☐ Discrimination in financing / lending (Mo. Rev. Stat. § 213.045; 42 U.S.C. § 3605)
☐ Refusal to make reasonable accommodation or permit reasonable modification (Mo. Rev. Stat. § 213.040.3; 42 U.S.C. § 3604(f)(3))
☐ Harassment / hostile housing environment
☐ Retaliation, coercion, or interference (Mo. Rev. Stat. § 213.070; 42 U.S.C. § 3617)
☐ Other: [DESCRIBE]

6.5. Specifically, Defendants [DESCRIBE THE DISCRIMINATORY CONDUCT IN DETAIL — what was said and done, by whom, on what date(s), and any witnesses].

6.6. Similarly situated persons outside Plaintiff's protected class(es) were treated more favorably, including [COMPARATOR / TESTER EVIDENCE].

6.7. Defendants' stated reasons for the adverse housing decision are pretextual; Plaintiff's protected characteristic(s) were the motivating factor in, and a determining factor of, the conduct.

6.8. As a direct and proximate result, Plaintiff suffered the harms described in Section 10.

7. COUNT I — MISSOURI HUMAN RIGHTS ACT (HOUSING)

7.1. Plaintiff incorporates the preceding paragraphs by reference.

7.2. Mo. Rev. Stat. § 213.040 makes it an unlawful housing practice to refuse to sell or rent, to discriminate in the terms of a housing transaction, to make discriminatory statements, or otherwise to make a dwelling unavailable, because of race, color, religion, national origin, ancestry, sex, disability, or familial status.

7.3. Defendants discriminated against Plaintiff because of Plaintiff's [PROTECTED CHARACTERISTIC] by [the practice(s) identified in ¶ 6.4], in violation of Mo. Rev. Stat. § 213.040, § 213.045, and/or § 213.050.

7.4. Defendants retaliated against, or aided and abetted retaliation against, Plaintiff in violation of Mo. Rev. Stat. § 213.070.

7.5. As a direct and proximate result, Plaintiff is entitled to actual damages, punitive damages, civil penalties, injunctive relief, and attorney's fees under Mo. Rev. Stat. § 213.111 and § 213.137.

8. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604 / § 3617)

8.1. Plaintiff incorporates the preceding paragraphs by reference.

8.2. The federal Fair Housing Act prohibits discrimination in the sale or rental of a dwelling, or in the terms, conditions, or privileges thereof, because of race, color, religion, sex, familial status, national origin, or disability. 42 U.S.C. § 3604.

8.3. Defendants discriminated against Plaintiff on the basis of [PROTECTED CLASS] through the conduct described above, in violation of 42 U.S.C. § 3604(a)–(f) and/or § 3605.

8.4. Defendants further coerced, intimidated, threatened, interfered with, or retaliated against Plaintiff in the exercise of FHA-protected rights, in violation of 42 U.S.C. § 3617.

8.5. Plaintiff may bring this private civil action in state court within two (2) years of the discriminatory housing practice. 42 U.S.C. § 3613(a). No administrative exhaustion is required for this count.

8.6. Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

9. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

9.1. Plaintiff incorporates the preceding paragraphs by reference.

9.2. Plaintiff has a disability within the meaning of Mo. Rev. Stat. § 213.010 and 42 U.S.C. § 3602(h), namely [DESCRIBE IMPAIRMENT AND FUNCTIONAL LIMITATIONS].

9.3. On or about [__/__/____], Plaintiff requested the following reasonable [accommodation in rules, policies, practices, or services / modification of the premises at Plaintiff's expense]: [DESCRIBE].

9.4. The requested accommodation or modification was necessary to afford Plaintiff an equal opportunity to use and enjoy the Dwelling.

9.5. Defendants [refused / failed to respond to / imposed unreasonable conditions on] the request, in violation of Mo. Rev. Stat. § 213.040.3 and 42 U.S.C. § 3604(f)(3)(A)–(B).

9.6. As a direct and proximate result, Plaintiff suffered the harms described below.

10. DAMAGES

10.1. Actual / economic damages: out-of-pocket losses, increased housing costs, moving and storage expenses, lost housing opportunity, and consequential pecuniary losses, in amounts to be proven at trial.

10.2. Emotional distress damages: humiliation, embarrassment, anxiety, mental anguish, and loss of dignity.

10.3. Punitive damages: Defendants' conduct was outrageous because of evil motive or reckless indifference to Plaintiff's rights, warranting punitive damages under Mo. Rev. Stat. § 213.111 and § 510.261 and under 42 U.S.C. § 3613(c)(1).

10.4. Civil penalties: assessable in MCHR/administrative proceedings under Mo. Rev. Stat. § 213.137; HUD administrative penalties under the FHA escalate for repeat violations.

10.5. Attorney's fees and costs: recoverable under Mo. Rev. Stat. § 213.111.2 and 42 U.S.C. § 3613(c)(2).

10.6. Pre- and post-judgment interest as allowed by law.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendants, jointly and severally, and award:

• A. Actual and compensatory damages according to proof;
• B. Damages for emotional distress, humiliation, and mental anguish;
• C. Punitive damages;
• D. Civil penalties as authorized by Mo. Rev. Stat. § 213.137;
• E. A declaratory judgment that Defendants' conduct violated the MHRA and the federal Fair Housing Act;
• F. Permanent injunctive relief enjoining further discrimination and requiring affirmative steps (sale/rental of the Dwelling, the requested accommodation or modification, fair-housing training, and policy reform);
• G. Reasonable attorney's fees and costs under Mo. Rev. Stat. § 213.111.2 and 42 U.S.C. § 3613(c)(2);
• H. Pre- and post-judgment interest; and
• I. Such other and further relief as the Court deems just.

12. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Mo. R. Civ. P. 69.01 and Mo. Const. art. I, § 22(a).

13. VERIFICATION

I, [PLAINTIFF NAME], state under oath that I am the Plaintiff in this action, that I have read the foregoing Petition, and that the matters stated therein are true to the best of my knowledge, information, and belief.

[____]

[PLAINTIFF NAME]

State of Missouri, County of [____]

Subscribed and sworn to before me on [__/__/____].

[____]

Notary Public — My commission expires: [__/__/____]

14. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____]

[ATTORNEY NAME], Mo. Bar No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, MO ZIP]

Telephone: [____]

Email: [____]

15. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a copy of the foregoing PETITION on all parties or their counsel of record by [method — service of summons per Mo. R. Civ. P. 54 / Missouri eFiling system / U.S. mail] at the addresses below:

[SERVICE LIST]

[____]

[NAME / TITLE]

16. MISSOURI PRACTICE NOTES

• Governing statute. The Missouri Human Rights Act (MHRA), Mo. Rev. Stat. ch. 213, governs housing discrimination. Section 213.040 defines unlawful housing practices; § 213.045 (lending) and § 213.050 (brokerage) supply parallel provisions. The MHRA housing provisions are deliberately aligned with the federal Fair Housing Act.
• Protected classes (housing). Race, color, religion, national origin, ancestry, sex, disability (handicap), and familial status. The MHRA does not enumerate sexual orientation or gender identity as statewide protected classes; local ordinances in St. Louis and Kansas City add sexual orientation, gender identity, and source-of-income protections — check any applicable municipal ordinance.
• Enforcing agency / mandatory exhaustion. The Missouri Commission on Human Rights (MCHR), within the Department of Labor and Industrial Relations, enforces the Act. For the state housing count, a complainant must file a verified charge with the MCHR within 180 days of the discriminatory act (Mo. Rev. Stat. § 213.075); failure to timely file deprives the MCHR of jurisdiction. The MCHR investigates, makes a probable-cause determination, and attempts conciliation. A right-to-sue letter is required before suit.
• Court suit — timing. A civil action must be filed within 90 days of the MCHR right-to-sue notification letter and no later than two (2) years after the alleged discriminatory act (Mo. Rev. Stat. § 213.111). After 180 days from filing, the MCHR must issue a right-to-sue letter on request and terminate proceedings; a grant of right-to-sue no longer guarantees timeliness, and respondents may raise timeliness as a defense (State ex rel. Tivol Plaza, Inc. v. MCHR, 527 S.W.3d 837 (Mo. banc 2017)).
• 2017 amendments (SB 43). SB 43 (eff. Aug. 28, 2017) tightened MHRA causation: the protected class must be "the motivating factor" — i.e., the actual basis "but for" which the action would not have occurred — replacing the prior "contributing factor" standard, and capped some damages. Confirm how the current causation standard and damage caps apply to housing claims (much SB 43 case law arises in the employment context).
• Federal limitations. HUD administrative complaint within one (1) year; private FHA suit within two (2) years (42 U.S.C. § 3610(a), § 3613(a)). The federal FHA count requires no MCHR exhaustion and may proceed even if the state count is time-barred.
• Remedies. MHRA: actual damages, punitive damages (subject to statutory caps/standards under §§ 213.111 and 510.261), civil penalties (§ 213.137), injunctive relief, and attorney's fees. FHA: actual and uncapped punitive damages plus fees (42 U.S.C. § 3613(c)).
• Removal exposure. Pleading the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441; consider pleading MHRA only to anchor in state court.
• Exemptions. Confirm whether any FHA exemption (42 U.S.C. § 3603(b)) or MHRA exemption (e.g., housing-for-older-persons familial-status exemption) applies; discriminatory-advertising prohibitions apply regardless.

17. SOURCES AND REFERENCES

• Missouri Human Rights Act, Mo. Rev. Stat. ch. 213 — https://revisor.mo.gov/main/OneChapter.aspx?chapter=213
• Mo. Rev. Stat. § 213.040 (unlawful housing practices) — https://revisor.mo.gov/main/OneSection.aspx?section=213.040
• Mo. Rev. Stat. § 213.075 (complaint to MCHR) — https://revisor.mo.gov/main/OneSection.aspx?section=213.075
• Mo. Rev. Stat. § 213.111 (civil action; 90-day / 2-year limits; fees) — https://revisor.mo.gov/main/OneSection.aspx?section=213.111
• Missouri Commission on Human Rights — https://labor.mo.gov/mohumanrights
• MCHR — Discrimination in Housing — https://labor.mo.gov/mohumanrights/discrimination/housing
• State ex rel. Tivol Plaza, Inc. v. MCHR, 527 S.W.3d 837 (Mo. banc 2017)
• Fair Housing Act, 42 U.S.C. § 3601 et seq. — https://www.hud.gov/helping-americans/fair-housing-act-overview
• 42 U.S.C. § 3613 (private civil action; 2-year SOL) and § 3617 (interference)
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact)
• HUD/DOJ Joint Statements on Reasonable Accommodations (2004) and Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Missouri must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.