Rhode Island 2023 Regular Session

Rhode Island House Bill H6197 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6197
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7	7	LC002647
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT
16	16	Introduced By: Representatives Ajello, Vella-Wilkinson, Speakman, Shallcross Smith,
17	17	Handy, Tanzi, Felix, Batista, Craven, and Cruz
18	18	Date Introduced: March 24, 2023
19	19	Referred To: House Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 34-37-3, 34-37-4 and 34-37-5 of the General Laws in Chapter 34-1
24	24	37 entitled "Rhode Island Fair Housing Practices Act" are hereby amended to read as follows: 2
25	25	34-37-3. Definitions. 3
26	26	When used in this chapter: 4
27	27	(1) “Age” means anyone over the age of eighteen (18). 5
28	28	(2) “Armed forces” means the Army, Navy, Marine Corps, Coast Guard, Merchant 6
29	29	Marines, or Air Force of the United States and the Rhode Island National Guard. 7
30	30	(3) “Commission” means the Rhode Island commission for human rights created by § 28-8
31	31	5-8. 9
32	32	(4) “Disability” means a disability as defined in § 42-87-1. 10
33	33	Provided, further, that the term “disability” does not include current, illegal use of, or 11
34	34	addiction to, a controlled substance, as defined in 21 U.S.C. § 802. 12
35	35	(5) “Discriminate” includes segregate, separate, or otherwise differentiate between or 13
36	36	among individuals because of race, color, religion, sex, sexual orientation, gender identity or 14
37	37	expression, marital status, lawful source of income, military status as a veteran with an honorable 15
38	38	discharge or an honorable or general administrative discharge, servicemember in the armed forces, 16
39	39	country of ancestral origin, disability, age, housing status, or familial status or because of the race, 17
40	40	color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source 18
41	41	of income, military status as a veteran with an honorable discharge or an honorable or general 19
42	42
43	43
44	44	LC002647 - Page 2 of 14
45	45	administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 1
46	46	age, housing status, or familial status of any person with whom they are, or may wish to be, 2
47	47	associated. 3
48	48	(6) The term “domestic abuse” for the purposes of this chapter shall have the same meaning 4
49	49	as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2, 5
50	50	except that the domestic abuse need not involve a minor or parties with minor children. 6
51	51	(7)(i) “Familial status” means one or more individuals who have not attained the age of 7
52	52	eighteen (18) years being domiciled with: 8
53	53	(A) A parent or another person having legal custody of the individual or individuals; or 9
54	54	(B) The designee of the parent or other person having the custody, with the written 10
55	55	permission of the parent or other person, provided that, if the individual is not a relative or legal 11
56	56	dependent of the designee, that the individual shall have been domiciled with the designee for at 12
57	57	least six (6) months. 13
58	58	(ii) The protections afforded against discrimination on the basis of familial status shall 14
59	59	apply to any person who is pregnant or is in the process of securing legal custody of any individual 15
60	60	who has not attained the age of eighteen (18) years. 16
61	61	(8) The terms, as used regarding persons with disabilities, “auxiliary aids and services,” 17
62	62	“reasonable accommodation,” and “reasonable modifications” have the same meaning as those 18
63	63	terms are defined in § 42-87-1.1. 19
64	64	(9) The term “gender identity or expression” includes a person’s actual or perceived 20
65	65	gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, 21
66	66	or gender-related expression; whether or not that gender identity, gender-related self image, gender-22
67	67	related appearance, or gender-related expression is different from that traditionally associated with 23
68	68	the person’s sex at birth. 24
69	69	(10) “Housing accommodation” includes any building or structure, or portion of any 25
70	70	building or structure, or any parcel of land, developed or undeveloped, that is occupied or is 26
71	71	intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or 27
72	72	residence of one or more persons. 28
73	73	(11) “Otherwise qualified” includes any person with a disability who, with respect to the 29
74	74	rental of property, personally or with assistance arranged by the person with a disability, is capable 30
75	75	of performing all the responsibilities of a tenant as contained in § 34-18-24. 31
76	76	(12) “Owner” includes any person having the right to sell, rent, lease, or manage a housing 32
77	77	accommodation. 33
78	78	(13) “Person” includes one or more individuals, partnerships, associations, organizations, 34
79	79
80	80
81	81	LC002647 - Page 3 of 14
82	82	corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal 1
83	83	representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as 2
84	84	defined in chapter 20.5 of title 5. 3
85	85	(14) “Senior citizen” means a person sixty-two (62) years of age or older. 4
86	86	(15) The term “sexual orientation” means having, or being perceived as having, an 5
87	87	orientation for heterosexuality, bisexuality, or homosexuality. 6
88	88	(16) The term “victim” means a family or household member and all other persons 7
89	89	contained within the definition of those terms as defined in § 12-29-2. 8
90	90	(17) The term “housing status” means the status of having or not having a fixed or regular 9
91	91	residence, including the status of living on the streets or in a homeless shelter or similar temporary 10
92	92	residence. 11
93	93	(18) The term “lawful source of income” means and includes any income, benefit, or 12
94	94	subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any 13
95	95	other federal, state, or local public assistance program, including, but not limited to, medical or 14
96	96	veterans assistance; any federal, state, or local rental assistance or housing subsidy program, 15
97	97	including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C. § 1437; and any 16
98	98	requirement associated with such public assistance, rental assistance, or housing subsidy program. 17
99	99	(19) The term "assistance animal" means an animal that has been determined to mitigate 18
100	100	the effects of a physical or mental disability by a physician, psychologist, physician's assistant, 19
101	101	nurse practitioner, other health care provider, vocational rehabilitation specialist or licensed social 20
102	102	worker. 21
103	103	34-37-4. Unlawful housing practices. 22
104	104	(a) No owner having the right to sell, rent, lease, or manage a housing accommodation as 23
105	105	defined in § 34-37-3, or an agent of any of these, shall, directly or indirectly, make, or cause to be 24
106	106	made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, 25
107	107	gender identity or expression, marital status, housing status, lawful source of income, military status 26
108	108	as a veteran with an honorable discharge or an honorable or general administrative discharge, 27
109	109	servicemember in the armed forces, country of ancestral origin, or disability, age, familial status 28
110	110	nor make any written or oral inquiry concerning whether a tenant or applicant or a member of the 29
111	111	household is, or has been, or is threatened with being the victim of domestic abuse, or whether a 30
112	112	tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a 31
113	113	restraining order for protection from domestic abuse, of any prospective purchaser, occupant, or 32
114	114	tenant of the housing accommodation; directly or indirectly, refuse to sell, rent, lease, let, or 33
115	115	otherwise deny to or withhold from any individual the housing accommodation because of the race, 34
116	116
117	117
118	118	LC002647 - Page 4 of 14
119	119	color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, 1
120	120	lawful source of income, military status as a veteran with an honorable discharge or an honorable 2
121	121	or general administrative discharge, servicemember in the armed forces, country of ancestral origin, 3
122	122	disability, age, or familial status of the individual or the race, color, religion, sex, sexual orientation, 4
123	123	gender identity or expression, marital status, housing status, lawful source of income, military status 5
124	124	as a veteran with an honorable discharge or an honorable or general administrative discharge, 6
125	125	servicemember in the armed forces, country of ancestral origin or disability, age, or familial status 7
126	126	of any person with whom the individual is or may wish to be associated; or shall, or on the basis 8
127	127	that a tenant or applicant, or a member of the household, is or has been, or is threatened with being, 9
128	128	the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking, 10
129	129	relief from any court in the form of a restraining order for protection from domestic abuse. Nor 11
130	130	shall an owner having the right to sell, rent, lease, or manage a housing accommodation as defined 12
131	131	in § 34-37-3, or an agent of any of these, directly or indirectly, issue any advertisement, notice or 13
132	132	statement relating to the sale, rental, or lease of the housing accommodation that indicates any 14
133	133	preference, limitation, specification, or discrimination based upon race, color, religion, sex, sexual 15
134	134	orientation, gender identity or expression, marital status, housing status, lawful source of income, 16
135	135	military status as a veteran with an honorable discharge or an honorable or general administrative 17
136	136	discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial 18
137	137	status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is 19
138	138	threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or 20
139	139	sought, or is seeking relief from any court in the form of a restraining order for protection from 21
140	140	domestic abuse, or shall, directly or indirectly, discriminate against any individual because of his 22
141	141	or her race, color, religion, sex, sexual orientation, gender identity or expression, marital status, 23
142	142	housing status, lawful source of income, military status as a veteran with an honorable discharge 24
143	143	or an honorable or general administrative discharge, servicemember in the armed forces, country 25
144	144	of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a 26
145	145	member of the household is, or has been, or is threatened with being the victim of domestic abuse, 27
146	146	or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the 28
147	147	form of a restraining order for protection from domestic abuse, in the terms, conditions, or 29
148	148	privileges of the sale, rental, or lease of any housing accommodation or in the furnishing of facilities 30
149	149	or services in connection with it. Nor shall an owner having the right to sell, rent, lease, or manage 31
150	150	a housing accommodation as defined in § 34-37-3, or an agent of any of these, directly or indirectly, 32
151	151	misrepresent the availability of a housing accommodation or delay the processing of applications 33
152	152	relating to the sale, rental, or lease of the housing accommodation based upon an individual’s race, 34
153	153
154	154
155	155	LC002647 - Page 5 of 14
156	156	color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, 1
157	157	lawful source of income, military status as a veteran with an honorable discharge or an honorable 2
158	158	or general administrative discharge, servicemember in the armed forces, country of ancestral origin, 3
159	159	disability, age, familial status, or on the basis that a tenant or applicant or a member of the 4
160	160	household is, or has been, or is threatened with being the victim of domestic abuse, or that the 5
161	161	tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a 6
162	162	restraining order for protection from domestic abuse. 7
163	163	Nothing in this section shall be construed to prohibit any oral or written inquiry as to 8
164	164	whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm the 9
165	165	source, amount, and expected duration of the lawful source of income of the prospective purchaser 10
166	166	or tenant to determine whether the prospective purchaser or tenant meets the nondiscriminatory 11
167	167	standards and preferences or terms, conditions, limitations, or specifications permitted under 12
168	168	subsection (c) of this section. 13
169	169	(b) No person to whom application is made for a loan or other form of financial assistance 14
170	170	for the acquisition, construction, rehabilitation, repair, or maintenance of any housing 15
171	171	accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be 16
172	172	made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender 17
173	173	identity or expression, marital status, military status as a veteran with an honorable discharge or an 18
174	174	honorable or general administrative discharge, servicemember in the armed forces, country of 19
175	175	ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether 20
176	176	a tenant or applicant or a member of the household is, or has been, or is threatened with being the 21
177	177	victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking 22
178	178	relief from any court in the form of a restraining order for protection from domestic abuse, of any 23
179	179	individual seeking the financial assistance, or of existing or prospective occupants or tenants of the 24
180	180	housing accommodation; nor shall any person to whom the application is made in the manner 25
181	181	provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the 26
182	182	obtaining or use of any financial assistance against any applicant because of the race, color, religion, 27
183	183	sex, sexual orientation, gender identity or expression, marital status, military status as a veteran 28
184	184	with an honorable discharge or an honorable or general administrative discharge, servicemember 29
185	185	in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that 30
186	186	a tenant or applicant or a member of the household is, or has been, or is threatened with being the 31
187	187	victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief 32
188	188	from any court in the form of a restraining order for protection from domestic abuse, of the applicant 33
189	189	or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed 34
190	190
191	191
192	192	LC002647 - Page 6 of 14
193	193	to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18). 1
194	194	(c) Nothing contained in this section shall be construed in any manner to prohibit or limit 2
195	195	the exercise of the privilege of every person and the agent of any person having the right to sell, 3
196	196	rent, lease, or manage a housing accommodation to establish standards and preferences and set 4
197	197	terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or 5
198	198	in the furnishing of facilities or services in connection therewith that do not discriminate on the 6
199	199	basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital 7
200	200	status, housing status, lawful source of income, military status as a veteran with an honorable 8
201	201	discharge or an honorable or general administrative discharge, servicemember in the armed forces, 9
202	202	country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant 10
203	203	or a member of the household is, or has been, or is threatened with being the victim of domestic 11
204	204	abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in 12
205	205	the form of a restraining order for protection from domestic abuse, of any prospective purchaser, 13
206	206	lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation, gender 14
207	207	identity or expression, marital status, housing status, lawful source of income, military status as a 15
208	208	veteran with an honorable discharge or an honorable or general administrative discharge, 16
209	209	servicemember in the armed forces, country of ancestral origin, disability, age, or familial status of 17
210	210	any person with whom the prospective purchaser, lessee, tenant, or occupant is or may wish to be 18
211	211	associated. Nothing contained in this section shall be construed in any manner to prohibit or limit 19
212	212	the exercise of the privilege of every person and the agent of any person making loans for, or 20
213	213	offering financial assistance in, the acquisition, construction, rehabilitation, repair, or maintenance 21
214	214	of housing accommodations to set standards and preferences, terms, conditions, limitations, or 22
215	215	specifications for the granting of loans or financial assistance that do not discriminate on the basis 23
216	216	of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, 24
217	217	housing status, military status as a veteran with an honorable discharge or an honorable or general 25
218	218	administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 26
219	219	age, familial status, or on the basis that a tenant or applicant or a member of the household is, or 27
220	220	has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant 28
221	221	has obtained, or sought, or is seeking relief from any court in the form of a restraining order for 29
222	222	protection from domestic abuse, of the applicant for the loan or financial assistance or of any 30
223	223	existing or prospective owner, lessee, tenant, or occupant of the housing accommodation. If a 31
224	224	landlord requires that a prospective or current tenant have a certain minimum level of income, the 32
225	225	standard for assessing eligibility shall be based only on the portion of the rent to be paid by the 33
226	226	tenant, taking into account the value of any federal, state, or local rental assistance or housing 34
227	227
228	228
229	229	LC002647 - Page 7 of 14
230	230	subsidy. 1
231	231	(d) An owner may not refuse to allow a person with a disability to make, at his or her 2
232	232	expense, reasonable modifications of existing premises occupied or to be occupied by the person if 3
233	233	the modifications may be necessary to afford the person full enjoyment of the premises, except that, 4
234	234	in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a 5
235	235	modification on the renter agreeing to restore the interior of the premises to the condition that 6
236	236	existed before the modification, reasonable wear and tear excepted. Where it is necessary in order 7
237	237	to ensure with reasonable certainty that funds will be available to pay for the restorations at the end 8
238	238	of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring 9
239	239	that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable 10
240	240	amount of money not to exceed the cost of the restorations. The interest in the account shall accrue 11
241	241	to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will 12
242	242	be subject to § 34-18-19(b) through (f) inclusive. 13
243	243	(e)(1) An owner may not refuse to make reasonable accommodations in rules, policies, 14
244	244	practices, or services when those accommodations may be necessary to afford an occupant with a 15
245	245	disability equal opportunity to use and enjoy a dwelling. 16
246	246	(2) Every person with a disability who has a guide dog or other personal assistive an 17
247	247	assistance animal, or who obtains a guide dog or other personal assistive an assistance animal, 18
248	248	which may be necessary to afford that person an equal opportunity to use and enjoy a dwelling and 19
249	249	which does not provide a direct threat to the health or safety of others, shall be entitled to full and 20
250	250	equal access to all housing accommodations provided for in this section and shall not be required 21
251	251	to pay extra compensation for the guide dog or other personal assistive assistance animal but shall 22
252	252	be liable for any damage done to the premises by a guide dog or other personal assistive an 23
253	253	assistance animal. For the purposes of this subsection, a “personal assistive animal” is an animal 24
254	254	specifically trained by a certified animal training program to assist a person with a disability to 25
255	255	perform independent living tasks. 26
256	256	(f) Any housing accommodation of four (4) units or more constructed for first occupancy 27
257	257	after March 13, 1991, shall be designed and constructed in such a manner that: 28
258	258	(1) The public use and common use portions of the dwellings are readily accessible to and 29
259	259	usable by persons with disabilities; 30
260	260	(2) All the doors designed to allow passage into and within all premises within the 31
261	261	dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs; 32
262	262	(3) All premises within the dwellings contain the following features of adaptive design: 33
263	263	(i) Accessible route into and through the dwelling; 34
264	264
265	265
266	266	LC002647 - Page 8 of 14
267	267	(ii) Light switches, electrical outlets, thermostats, and other environmental controls in 1
268	268	accessible locations; 2
269	269	(iii) Reinforcements in bathroom walls to allow later installation of grab bars; and 3
270	270	(iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver 4
271	271	about the space. To the extent that any state or local building codes, statutes, or ordinances are 5
272	272	inconsistent with this section, they are hereby repealed. The state building code standards 6
273	273	committee is hereby directed to adopt rules and regulations consistent with this section as soon as 7
274	274	possible, but no later than September 30, 1990. 8
275	275	(g) Compliance with the appropriate requirements of the state building code 14 9
276	276	“accessibility for individuals with disabilities for residential use groups” suffices to satisfy the 10
277	277	requirements of subsection (f). 11
278	278	(h) As used in subsection (f), the term “housing accommodation of four (4) units or more” 12
279	279	means: 13
280	280	(1) Buildings consisting of four (4) or more units if those buildings have one or more 14
281	281	elevators; and 15
282	282	(2) Ground floor units in other buildings consisting of four (4) or more units. 16
283	283	(i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that 17
284	284	requires a greater degree of accessibility to persons with disabilities. 18
285	285	(j) Nothing in this section requires that a dwelling be made available to an individual whose 19
286	286	tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy 20
287	287	would result in substantial physical damage to the property of others. 21
288	288	(k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee, 22
289	289	sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent, 23
290	290	lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the 24
291	291	person selected. 25
292	292	(l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this 26
293	293	section to be an unlawful housing practice; or obstruct or prevent any person from complying with 27
294	294	the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to 28
295	295	commit any act declared by this section to be an unlawful housing practice. 29
296	296	(m) No owner; person defined in § 34-37-3(13); person to whom application is made for a 30
297	297	loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or 31
298	298	maintenance of any housing accommodation, whether secured or unsecured; no financial 32
299	299	organization governed by the provisions of title 19 or any other credit-granting commercial 33
300	300	institution; or respondent under this chapter; or any agent of these shall discriminate in any manner 34
301	301
302	302
303	303	LC002647 - Page 9 of 14
304	304	against any individual because he or she has opposed any practice forbidden by this chapter, or 1
305	305	because he or she has made a charge, testified, or assisted in any manner in any investigation, 2
306	306	proceeding, or hearing under this chapter. 3
307	307	(n) Nothing in this section shall prevent a landlord from proceeding with eviction action 4
308	308	against a tenant who fails to comply with § 34-18-24(7). 5
309	309	34-37-5. Prevention of unlawful housing practices. 6
310	310	(a) The commission is empowered and directed to prevent any person from violating any 7
311	311	of the provisions of this chapter, provided that before instituting a formal proceeding, it shall 8
312	312	attempt by informal methods of conference, persuasion, and conciliation to induce compliance with 9
313	313	this chapter. 10
314	314	(b) Upon the commission’s own initiative or whenever an aggrieved individual or an 11
315	315	organization chartered for the purpose of or engaged in combating discrimination or racism or of 12
316	316	safeguarding civil liberties, that organization acting on behalf of one or more individuals being 13
317	317	hereinafter referred to as the complainant, makes a charge, in writing, under oath, to the commission 14
318	318	that any person, agency, bureau, corporation, or association, hereinafter referred to as the 15
319	319	respondent, has violated or is violating, to the best of complainant’s knowledge and belief, any of 16
320	320	the provisions of this chapter, and that the alleged discriminatory housing practice has occurred or 17
321	321	terminated within one year of the date of filing, the commission may initiate a preliminary 18
322	322	investigation and if it shall determine after the investigation that it is probable that unlawful housing 19
323	323	practices have been or are being engaged in, it shall endeavor to eliminate the unlawful housing 20
324	324	practices by informal methods of conference, conciliation, and persuasion. Nothing said or done 21
325	325	during these endeavors may be used as evidence in any subsequent proceeding. If after the 22
326	326	investigation and conference, the commission is satisfied that any unlawful housing practice of the 23
327	327	respondent will be eliminated, it may, with the consent of the complainant, treat the charge as 24
328	328	conciliated, and entry of that disposition shall be made on the records of the commission. If the 25
329	329	commission fails to effect the elimination of the unlawful housing practices and to obtain voluntary 26
330	330	compliance with this chapter, or, if the circumstances warrant, in advance of any preliminary 27
331	331	investigation or endeavors, the commission shall have the power to issue and cause to be served 28
332	332	upon any person or respondent a complaint stating the charges in that respect and containing a 29
333	333	notice of hearing before the commission, a member thereof, or a hearing examiner at a place therein 30
334	334	fixed to be held not less than ten (10) days after the service of the complaint. 31
335	335	(c) The commission, member thereof, or hearing examiner conducting the hearing shall 32
336	336	have the power reasonably and fairly to amend any written complaint at any time prior to the 33
337	337	issuance of an order based thereon. The respondent shall have like power to amend its answer to 34
338	338
339	339
340	340	LC002647 - Page 10 of 14
341	341	the original or amended complaint at any time prior to the issuance of the order. The commissioner 1
342	342	assigned to the preliminary hearing of any charge shall take no part in the final hearing except as a 2
343	343	witness upon competent matters and will have no part in the determination or decision of the case 3
344	344	after hearing. 4
345	345	(d) The respondent shall have the right to file an answer to the complaint and shall appear 5
346	346	at the hearing in person or otherwise with or without counsel to present evidence and to examine 6
347	347	and cross-examine witnesses. 7
348	348	(e) In any proceeding, the commission, its member, or its agent shall not be bound by the 8
349	349	rules of evidence prevailing in the courts. 9
350	350	(f) The commission shall in ascertaining the practices followed by the respondent take into 10
351	351	account all evidence, statistical or otherwise, that may tend to prove the existence of a 11
352	352	predetermined pattern of discrimination in housing. 12
353	353	(g) The testimony taken at the hearing shall be under oath and shall be reduced to writing 13
354	354	and filed with the commission. Thereafter, in its discretion, the commission upon notice may take 14
355	355	further testimony or hear argument. 15
356	356	(h)(1) If upon all the testimony taken the commission shall determine that the respondent 16
357	357	has engaged in or is engaging in unlawful housing practices, the commission shall state its findings 17
358	358	of fact and shall issue and cause to be served on the respondent an order requiring the respondent 18
359	359	to cease and desist from the unlawful housing practices, and to take further affirmative or other 19
360	360	action as will effectuate the purposes of this chapter. 20
361	361	(2) The commission may also order the respondent to pay the complainant damages 21
362	362	sustained thereby; costs, including reasonable attorney’s fees incurred at any time in connection 22
363	363	with the commission of the unlawful act, and civil penalties, any amounts awarded to be deposited 23
364	364	in the state treasury. The civil penalty shall be (i) An amount not exceeding ten thousand dollars 24
365	365	($10,000) if the respondent has not been adjudged to have committed any prior discriminatory 25
366	366	housing practice; (ii) In an amount not exceeding twenty-five thousand dollars ($25,000) if the 26
367	367	respondent has been adjudged to have committed one other discriminatory housing practice during 27
368	368	the five-year (5) period ending on the date of filing this charge; and (iii) In an amount not exceeding 28
369	369	fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or 29
370	370	more discriminatory housing practices during the seven-year (7) period ending on the date of the 30
371	371	filing of this charge; except that if the acts constituting the discriminatory housing practice that is 31
372	372	the object of the charge are committed by the same natural person who has been previously 32
373	373	adjudged to have committed acts constituting a discriminatory housing practice, then the civil 33
374	374	penalties set forth in (ii) and (iii) may be imposed without regard to the period of time within which 34
375	375
376	376
377	377	LC002647 - Page 11 of 14
378	378	any subsequent discriminatory housing practice occurred. When determining the amount of civil 1
379	379	penalties, the commission shall consider as a mitigating factor whether the respondent has acted in 2
380	380	good faith and whether the respondent has actively engaged in regular antidiscrimination 3
381	381	educational programs. Provided that no order shall affect any contract, sale, encumbrance, or lease 4
382	382	consummated before the issuance of the order and involving a bona fide purchaser, encumbrancer, 5
383	383	or tenant without actual notice of the charge filed under this title. 6
384	384	(i) If the commission shall find that no probable cause exists for crediting the charges, or, 7
385	385	if upon all the evidence, it shall find that a respondent has not engaged in unfair housing practices, 8
386	386	the commission shall state its findings of fact and shall issue and cause to be served on the 9
387	387	complainant an order dismissing the complaint as to the respondent. A copy of the order shall be 10
388	388	delivered in all cases to the attorney general and such other public officers as the commission deems 11
389	389	proper. 12
390	390	(j) Until a transcript of the record in a case shall be filed in a court as provided in subsection 13
391	391	(m), the commission may at any time, upon reasonable notice, and in such manner as it shall deem 14
392	392	proper, modify or set aside, in whole or in part, any of its findings or orders. 15
393	393	(k) Until such time as a hearing is convened pursuant to this section, no publicity shall be 16
394	394	given to any proceedings before the commission, either by the commission or any employee 17
395	395	thereof, the complainant, or the respondent, except that in the event of a conciliation agreement the 18
396	396	agreement shall be made public unless the complainant and respondent otherwise agree and the 19
397	397	commission determines that disclosure is not required to further the purposes of this chapter. After 20
398	398	the complaint issues and before an order issues, the commission shall not initiate any public notice 21
399	399	of any charge or complaint before the commission, however, the commission may respond to 22
400	400	inquiries about the status of a complaint. 23
401	401	(l) A complainant may seek a right to sue in state court if not less than one hundred and 24
402	402	twenty (120) days and not more than two (2) years have elapsed from the date of filing of a charge, 25
403	403	if the commission has been unable to secure a settlement agreement or conciliation agreement and 26
404	404	if the commission has not commenced hearing on a complaint. The commission shall grant the right 27
405	405	to sue within thirty (30) days after receipt of the request. This shall terminate all proceedings before 28
406	406	the commission and shall give to the complainant the right to commence suit in the superior court 29
407	407	within any county as provided in § 28-5-28 within ninety (90) days after the granting of the request. 30
408	408	Any party may claim a trial by jury. The superior court may make orders consistent with subsection 31
409	409	(h) and may also award punitive damages and such other damages as the court deems just and 32
410	410	proper. 33
411	411	(m)(1) The commission is further empowered to file a complaint in the superior court in 34
412	412
413	413
414	414	LC002647 - Page 12 of 14
415	415	any county in which the unlawful housing practice allegedly occurs, or has occurred, or in which a 1
416	416	defendant resides or maintains a business office, or in Providence County, seeking injunctive relief, 2
417	417	including a temporary restraining order, against the defendant. 3
418	418	(2) No preliminary injunction shall be effective for more than thirty (30) days; provided 4
419	419	that, if the defendant has sought judicial review of an order of the commission issued pursuant to 5
420	420	this section, or if the commission has sought a decree of the court for the enforcement of the order, 6
421	421	the preliminary injunction shall remain in full force and effect until such time as the judicial review 7
422	422	or the commission’s petition for the decree of enforcement is finally heard and determined. 8
423	423	(3) In any proceeding under this subsection, the commission may, if the prayer of the 9
424	424	original or amended complaint so requests, proceed at the proper time to obtain the relief provided 10
425	425	in § 34-37-6. 11
426	426	(4) The application by the commission for injunctive relief shall not prevent the 12
427	427	commission from continuing to prosecute the proceeding before it out of which the application 13
428	428	arises. 14
429	429	(5) Whenever a complaint shall be filed under the provisions of this subsection, the state 15
430	430	shall be liable, in an action brought against it, for the payment of such costs and damages as may 16
431	431	have been incurred or suffered by the defendant should final judgment be entered upon the 17
432	432	complaint in favor of the defendant, or should the commission, having been denied temporary relief 18
433	433	after the entry of a restraining order, fail to prosecute the matter further, or should the commission, 19
434	434	having been granted temporary relief, fail to prosecute the matter further, unless, in the latter two 20
435	435	(2) instances, failure to prosecute is caused by the making of an agreed settlement of any kind with 21
436	436	the defendant, including a conciliation agreement. 22
437	437	(6) All proceedings taken pursuant to the provisions of this section shall take precedence 23
438	438	over all other civil matters then pending before the court. 24
439	439	(n) The complainant or the respondent may elect, within twenty (20) days after receipt of 25
440	440	a finding of probable cause, to terminate by written notice to the commission all proceedings before 26
441	441	the commission and have the case heard in the superior court. In the event of an election to terminate 27
442	442	the proceedings, the commission shall issue a right to sue notice to the complainant with a copy of 28
443	443	the notice sent to all parties. 29
444	444	(1) The complainant shall have the right to commence suit in the superior court within any 30
445	445	county as provided in § 28-5-28 within ninety (90) days of the date of the right to sue notice. Either 31
446	446	party may claim a trial by jury in the superior court. 32
447	447	(2) Notwithstanding the termination of proceedings before the commission upon the 33
448	448	granting of the right to sue notice, the parties may agree to have the commission seek to conciliate 34
449	449
450	450
451	451	LC002647 - Page 13 of 14
452	452	or mediate settlement of the case within the ninety-day (90) period in which the complainant has 1
453	453	the right to commence suit in superior court. 2
454	454	(o) If an election is made under subsection (n): 3
455	455	(1) The complainant, the commission, or the attorney general may commence a civil action 4
456	456	on behalf of the aggrieved person in the superior court within any county as provided in § 28-5-28 5
457	457	within ninety (90) days of the date of the right to sue notice under subsection (n); 6
458	458	(2) Any party may claim a trial by jury. Any aggrieved person with respect to the issues to 7
459	459	be determined in a civil action under this subsection may intervene as of right in that civil action; 8
460	460	(3) The superior court may make orders consistent with subsection (h) and may also award 9
461	461	punitive damages and such damages as the court deems just and proper; provided, that the court 10
462	462	shall not enter a consent order, dismissal stipulation, or judgment settling claims of discrimination 11
463	463	in an action or proceeding under this chapter, unless the parties and their counsel attest that a waiver 12
464	464	of all or substantially all attorneys’ fees was not compelled as a condition of the settlement. 13
465	465	SECTION 2. This act shall take effect upon passage. 14
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469	469
470	470
471	471	LC002647 - Page 14 of 14
472	472	EXPLANATION
473	473	BY THE LEGISLATIVE COUNCIL
474	474	OF
475	475	A N A C T
476	476	RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT
477	477	***
478	478	This act would amend the Fair Housing Practices Act to: define "assistance animal" and 1
479	479	clarify existing protections for persons with such animals consistent with the federal Fair Housing 2
480	480	Act; clarify the ability of the Rhode Island commission for human rights to accept, investigate and 3
481	481	decide cases alleging discrimination on the basis of "housing status"; make unlawful the issuance 4
482	482	of discriminatory notices or statements related to the sale, rental or leasing of housing to be 5
483	483	consistent with the federal Fair Housing Act; and delete an unconstitutional provision in current 6
484	484	law prohibiting parties from discussing their fair housing cases publicly. 7
485	485	This act would take effect upon passage. 8
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487	487	LC002647
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