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5 | 5 | | 2023 -- H 5376 |
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6 | 6 | | ======== |
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7 | 7 | | LC001189 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT |
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16 | 16 | | Introduced By: Representatives J. Lombardi, Kislak, Hull, Biah, Batista, Henries, |
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17 | 17 | | Stewart, Morales, Felix, and Tanzi |
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18 | 18 | | Date Introduced: February 03, 2023 |
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19 | 19 | | Referred To: House Municipal Government & Housing |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 34-37-4 of the General Laws in Chapter 34-37 entitled "Rhode Island 1 |
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24 | 24 | | Fair Housing Practices Act" is hereby amended to read as follows: 2 |
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25 | 25 | | 34-37-4. Unlawful housing practices. 3 |
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26 | 26 | | (a) No owner having the right to sell, rent, lease, or manage a housing accommodation as 4 |
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27 | 27 | | defined in § 34-37-3, or an agent of any of these, shall, directly or indirectly, make, or cause to be 5 |
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28 | 28 | | made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, 6 |
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29 | 29 | | gender identity or expression, marital status, lawful source of income, military status as a veteran 7 |
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30 | 30 | | with an honorable discharge or an honorable or general administrative discharge, servicemember 8 |
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31 | 31 | | in the armed forces, country of ancestral origin, or disability, age, familial status, whether the 9 |
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32 | 32 | | applicant for housing has been incarcerated, nor make any written or oral inquiry concerning 10 |
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33 | 33 | | whether a tenant or applicant or a member of the household is, or has been, or is threatened with 11 |
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34 | 34 | | being the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is 12 |
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35 | 35 | | seeking relief from any court in the form of a restraining order for protection from domestic abuse, 13 |
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36 | 36 | | of any prospective purchaser, occupant, or tenant of the housing accommodation; directly or 14 |
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37 | 37 | | indirectly, refuse to sell, rent, lease, let, or otherwise deny to or withhold from any individual the 15 |
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38 | 38 | | housing accommodation because of the race, color, religion, sex, sexual orientation, gender identity 16 |
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39 | 39 | | or expression, marital status, lawful source of income, military status as a veteran with an honorable 17 |
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40 | 40 | | discharge or an honorable or general administrative discharge, servicemember in the armed forces, 18 |
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41 | 41 | | country of ancestral origin, disability, age, or familial status or the prior incarceration of the 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001189 - Page 2 of 8 |
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45 | 45 | | individual or the race, color, religion, sex, sexual orientation, gender identity or expression, marital 1 |
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46 | 46 | | status, lawful source of income, military status as a veteran with an honorable discharge or an 2 |
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47 | 47 | | honorable or general administrative discharge, servicemember in the armed forces, country of 3 |
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48 | 48 | | ancestral origin or disability, age, or familial status of any person with whom the individual is or 4 |
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49 | 49 | | may wish to be associated; or shall, or on the basis that a tenant or applicant, or a member of the 5 |
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50 | 50 | | household, is or has been, or is threatened with being, the victim of domestic abuse, or that the 6 |
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51 | 51 | | tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a 7 |
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52 | 52 | | restraining order for protection from domestic abuse. Nor shall an owner having the right to sell, 8 |
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53 | 53 | | rent, lease, or manage a housing accommodation as defined in § 34-37-3, or an agent of any of 9 |
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54 | 54 | | these, directly or indirectly, issue any advertisement relating to the sale, rental, or lease of the 10 |
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55 | 55 | | housing accommodation that indicates any preference, limitation, specification, or discrimination 11 |
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56 | 56 | | based upon race, color, religion, sex, sexual orientation, gender identity or expression, marital 12 |
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57 | 57 | | status, lawful source of income, military status as a veteran with an honorable discharge or an 13 |
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58 | 58 | | honorable or general administrative discharge, servicemember in the armed forces, country of 14 |
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59 | 59 | | ancestral origin, disability, age, familial status, incarceration status or on the basis that a tenant or 15 |
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60 | 60 | | applicant or a member of the household is, or has been, or is threatened with being the victim of 16 |
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61 | 61 | | domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any 17 |
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62 | 62 | | court in the form of a restraining order for protection from domestic abuse, or shall, directly or 18 |
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63 | 63 | | indirectly, discriminate against any individual because of his or her race, color, religion, sex, sexual 19 |
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64 | 64 | | orientation, gender identity or expression, marital status, lawful source of income, military status 20 |
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65 | 65 | | as a veteran with an honorable discharge or an honorable or general administrative discharge, 21 |
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66 | 66 | | servicemember in the armed forces, country of ancestral origin, disability, age, familial status, 22 |
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67 | 67 | | incarceration status or on the basis that a tenant or applicant or a member of the household is, or 23 |
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68 | 68 | | has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant 24 |
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69 | 69 | | has obtained, or sought, or is seeking relief from any court in the form of a restraining order for 25 |
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70 | 70 | | protection from domestic abuse, in the terms, conditions, or privileges of the sale, rental, or lease 26 |
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71 | 71 | | of any housing accommodation or in the furnishing of facilities or services in connection with it. 27 |
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72 | 72 | | Nor shall an owner having the right to sell, rent, lease, or manage a housing accommodation as 28 |
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73 | 73 | | defined in § 34-37-3, or an agent of any of these, directly or indirectly, misrepresent the availability 29 |
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74 | 74 | | of a housing accommodation or delay the processing of applications relating to the sale, rental, or 30 |
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75 | 75 | | lease of the housing accommodation based upon an individual’s race, color, religion, sex, sexual 31 |
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76 | 76 | | orientation, gender identity or expression, marital status, lawful source of income, military status 32 |
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77 | 77 | | as a veteran with an honorable discharge or an honorable or general administrative discharge, 33 |
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78 | 78 | | servicemember in the armed forces, country of ancestral origin, disability, age, familial status, prior 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001189 - Page 3 of 8 |
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82 | 82 | | incarceration or on the basis that a tenant or applicant or a member of the household is, or has been, 1 |
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83 | 83 | | or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, 2 |
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84 | 84 | | or sought, or is seeking relief from any court in the form of a restraining order for protection from 3 |
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85 | 85 | | domestic abuse. Nor shall any owner or agent inquire directly or indirectly, to include, but not 4 |
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86 | 86 | | limited to, by way of a rental application, regarding the former address of residence of the applicant. 5 |
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87 | 87 | | Nothing in this section shall be construed to prohibit any oral or written inquiry as to 6 |
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88 | 88 | | whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm the 7 |
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89 | 89 | | source, amount, and expected duration of the lawful source of income of the prospective purchaser 8 |
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90 | 90 | | or tenant to determine whether the prospective purchaser or tenant meets the nondiscriminatory 9 |
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91 | 91 | | standards and preferences or terms, conditions, limitations, or specifications permitted under 10 |
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92 | 92 | | subsection (c) of this section. 11 |
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93 | 93 | | (b) No person to whom application is made for a loan or other form of financial assistance 12 |
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94 | 94 | | for the acquisition, construction, rehabilitation, repair, or maintenance of any housing 13 |
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95 | 95 | | accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be 14 |
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96 | 96 | | made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender 15 |
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97 | 97 | | identity or expression, marital status, military status as a veteran with an honorable discharge or an 16 |
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98 | 98 | | honorable or general administrative discharge, servicemember in the armed forces, country of 17 |
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99 | 99 | | ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether 18 |
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100 | 100 | | a tenant or applicant or a member of the household is, or has been, or is threatened with being the 19 |
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101 | 101 | | victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking 20 |
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102 | 102 | | relief from any court in the form of a restraining order for protection from domestic abuse, of any 21 |
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103 | 103 | | individual seeking the financial assistance, or of existing or prospective occupants or tenants of the 22 |
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104 | 104 | | housing accommodation; nor shall any person to whom the application is made in the manner 23 |
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105 | 105 | | provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the 24 |
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106 | 106 | | obtaining or use of any financial assistance against any applicant because of the race, color, religion, 25 |
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107 | 107 | | sex, sexual orientation, gender identity or expression, marital status, military status as a veteran 26 |
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108 | 108 | | with an honorable discharge or an honorable or general administrative discharge, servicemember 27 |
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109 | 109 | | in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that 28 |
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110 | 110 | | a tenant or applicant or a member of the household is, or has been, or is threatened with being the 29 |
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111 | 111 | | victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief 30 |
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112 | 112 | | from any court in the form of a restraining order for protection from domestic abuse, of the applicant 31 |
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113 | 113 | | or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed 32 |
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114 | 114 | | to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18). 33 |
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115 | 115 | | (c) Nothing contained in this section shall be construed in any manner to prohibit or limit 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC001189 - Page 4 of 8 |
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119 | 119 | | the exercise of the privilege of every person and the agent of any person having the right to sell, 1 |
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120 | 120 | | rent, lease, or manage a housing accommodation to establish standards and preferences and set 2 |
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121 | 121 | | terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or 3 |
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122 | 122 | | in the furnishing of facilities or services in connection therewith that do not discriminate on the 4 |
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123 | 123 | | basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital 5 |
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124 | 124 | | status, lawful source of income, military status as a veteran with an honorable discharge or an 6 |
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125 | 125 | | honorable or general administrative discharge, servicemember in the armed forces, country of 7 |
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126 | 126 | | ancestral origin, disability, age, familial status, prior incarceration or on the basis that a tenant or 8 |
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127 | 127 | | applicant or a member of the household is, or has been, or is threatened with being the victim of 9 |
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128 | 128 | | domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any 10 |
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129 | 129 | | court in the form of a restraining order for protection from domestic abuse, of any prospective 11 |
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130 | 130 | | purchaser, lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation, 12 |
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131 | 131 | | gender identity or expression, marital status, lawful source of income, military status as a veteran 13 |
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132 | 132 | | with an honorable discharge or an honorable or general administrative discharge, servicemember 14 |
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133 | 133 | | in the armed forces, country of ancestral origin, disability, age, or familial status or prior 15 |
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134 | 134 | | incarceration of any person with whom the prospective purchaser, lessee, tenant, or occupant is or 16 |
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135 | 135 | | may wish to be associated. Nothing contained in this section shall be construed in any manner to 17 |
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136 | 136 | | prohibit or limit the exercise of the privilege of every person and the agent of any person making 18 |
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137 | 137 | | loans for, or offering financial assistance in, the acquisition, construction, rehabilitation, repair, or 19 |
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138 | 138 | | maintenance of housing accommodations to set standards and preferences, terms, conditions, 20 |
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139 | 139 | | limitations, or specifications for the granting of loans or financial assistance that do not discriminate 21 |
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140 | 140 | | on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, 22 |
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141 | 141 | | marital status, military status as a veteran with an honorable discharge or an honorable or general 23 |
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142 | 142 | | administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 24 |
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143 | 143 | | age, familial status, prior incarceration or on the basis that a tenant or applicant or a member of the 25 |
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144 | 144 | | household is, or has been, or is threatened with being the victim of domestic abuse, or that the 26 |
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145 | 145 | | tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a 27 |
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146 | 146 | | restraining order for protection from domestic abuse, of the applicant for the loan or financial 28 |
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147 | 147 | | assistance or of any existing or prospective owner, lessee, tenant, or occupant of the housing 29 |
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148 | 148 | | accommodation. If a landlord requires that a prospective or current tenant have a certain minimum 30 |
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149 | 149 | | level of income, the standard for assessing eligibility shall be based only on the portion of the rent 31 |
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150 | 150 | | to be paid by the tenant, taking into account the value of any federal, state, or local rental assistance 32 |
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151 | 151 | | or housing subsidy. 33 |
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152 | 152 | | (d) An owner may not refuse to allow a person with a disability to make, at his or her 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC001189 - Page 5 of 8 |
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156 | 156 | | expense, reasonable modifications of existing premises occupied or to be occupied by the person if 1 |
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157 | 157 | | the modifications may be necessary to afford the person full enjoyment of the premises, except that, 2 |
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158 | 158 | | in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a 3 |
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159 | 159 | | modification on the renter agreeing to restore the interior of the premises to the condition that 4 |
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160 | 160 | | existed before the modification, reasonable wear and tear excepted. Where it is necessary in order 5 |
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161 | 161 | | to ensure with reasonable certainty that funds will be available to pay for the restorations at the end 6 |
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162 | 162 | | of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring 7 |
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163 | 163 | | that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable 8 |
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164 | 164 | | amount of money not to exceed the cost of the restorations. The interest in the account shall accrue 9 |
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165 | 165 | | to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will 10 |
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166 | 166 | | be subject to § 34-18-19(b) through (f) inclusive. 11 |
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167 | 167 | | (e)(1) An owner may not refuse to make reasonable accommodations in rules, policies, 12 |
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168 | 168 | | practices, or services when those accommodations may be necessary to afford an occupant with a 13 |
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169 | 169 | | disability equal opportunity to use and enjoy a dwelling. 14 |
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170 | 170 | | (2) Every person with a disability who has a guide dog or other personal assistive animal, 15 |
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171 | 171 | | or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal 16 |
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172 | 172 | | access to all housing accommodations provided for in this section and shall not be required to pay 17 |
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173 | 173 | | extra compensation for the guide dog or other personal assistive animal but shall be liable for any 18 |
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174 | 174 | | damage done to the premises by a guide dog or other personal assistive animal. For the purposes 19 |
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175 | 175 | | of this subsection, a “personal assistive animal” is an animal specifically trained by a certified 20 |
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176 | 176 | | animal training program to assist a person with a disability to perform independent living tasks. 21 |
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177 | 177 | | (f) Any housing accommodation of four (4) units or more constructed for first occupancy 22 |
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178 | 178 | | after March 13, 1991, shall be designed and constructed in such a manner that: 23 |
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179 | 179 | | (1) The public use and common use portions of the dwellings are readily accessible to and 24 |
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180 | 180 | | usable by persons with disabilities; 25 |
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181 | 181 | | (2) All the doors designed to allow passage into and within all premises within the 26 |
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182 | 182 | | dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs; 27 |
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183 | 183 | | (3) All premises within the dwellings contain the following features of adaptive design: 28 |
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184 | 184 | | (i) Accessible route into and through the dwelling; 29 |
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185 | 185 | | (ii) Light switches, electrical outlets, thermostats, and other environmental controls in 30 |
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186 | 186 | | accessible locations; 31 |
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187 | 187 | | (iii) Reinforcements in bathroom walls to allow later installation of grab bars; and 32 |
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188 | 188 | | (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver 33 |
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189 | 189 | | about the space. To the extent that any state or local building codes, statutes, or ordinances are 34 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LC001189 - Page 6 of 8 |
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193 | 193 | | inconsistent with this section, they are hereby repealed. The state building code standards 1 |
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194 | 194 | | committee is hereby directed to adopt rules and regulations consistent with this section as soon as 2 |
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195 | 195 | | possible, but no later than September 30, 1990. 3 |
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196 | 196 | | (g) Compliance with the appropriate requirements of the state building code 14 4 |
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197 | 197 | | “accessibility for individuals with disabilities for residential use groups” suffices to satisfy the 5 |
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198 | 198 | | requirements of subsection (f). 6 |
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199 | 199 | | (h) As used in subsection (f), the term “housing accommodation of four (4) units or more” 7 |
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200 | 200 | | means: 8 |
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201 | 201 | | (1) Buildings consisting of four (4) or more units if those buildings have one or more 9 |
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202 | 202 | | elevators; and 10 |
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203 | 203 | | (2) Ground floor units in other buildings consisting of four (4) or more units. 11 |
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204 | 204 | | (i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that 12 |
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205 | 205 | | requires a greater degree of accessibility to persons with disabilities. 13 |
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206 | 206 | | (j) Nothing in this section requires that a dwelling be made available to an individual whose 14 |
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207 | 207 | | tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy 15 |
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208 | 208 | | would result in substantial physical damage to the property of others. 16 |
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209 | 209 | | (k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee, 17 |
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210 | 210 | | sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent, 18 |
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211 | 211 | | lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the 19 |
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212 | 212 | | person selected. 20 |
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213 | 213 | | (l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this 21 |
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214 | 214 | | section to be an unlawful housing practice; or obstruct or prevent any person from complying with 22 |
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215 | 215 | | the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to 23 |
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216 | 216 | | commit any act declared by this section to be an unlawful housing practice. 24 |
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217 | 217 | | (m) No owner; person defined in § 34-37-3(13); person to whom application is made for a 25 |
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218 | 218 | | loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or 26 |
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219 | 219 | | maintenance of any housing accommodation, whether secured or unsecured; no financial 27 |
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220 | 220 | | organization governed by the provisions of title 19 or any other credit-granting commercial 28 |
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221 | 221 | | institution; or respondent under this chapter; or any agent of these shall discriminate in any manner 29 |
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222 | 222 | | against any individual because he or she has opposed any practice forbidden by this chapter, or 30 |
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223 | 223 | | because he or she has made a charge, testified, or assisted in any manner in any investigation, 31 |
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224 | 224 | | proceeding, or hearing under this chapter. 32 |
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225 | 225 | | (n) Nothing in this section shall prevent a landlord from proceeding with eviction action 33 |
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226 | 226 | | against a tenant who fails to comply with § 34-18-24(7). 34 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LC001189 - Page 7 of 8 |
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230 | 230 | | SECTION 2. This act shall take effect upon passage. 1 |
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232 | 232 | | LC001189 |
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234 | 234 | | |
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235 | 235 | | |
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236 | 236 | | LC001189 - Page 8 of 8 |
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237 | 237 | | EXPLANATION |
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238 | 238 | | BY THE LEGISLATIVE COUNCIL |
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239 | 239 | | OF |
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240 | 240 | | A N A C T |
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241 | 241 | | RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT |
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242 | 242 | | *** |
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243 | 243 | | This act would prohibit landlords from inquiring about an applicant’s prior incarceration 1 |
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244 | 244 | | and from discriminating against those who have been released from prison. 2 |
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245 | 245 | | This act would take effect upon passage. 3 |
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247 | 247 | | LC001189 |
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