2025 -- S 0129
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LC000175
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICE ACT
Introduced By: Senators Kallman, DiMario, Lauria, Acosta, and Urso
Date Introduced: January 31, 2025
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 34-37-3, 34-37-4 and 34-37-5 of the General Laws in Chapter 34-1
37 entitled "Rhode Island Fair Housing Practices Act" are hereby amended to read as follows: 2
34-37-3. Definitions. 3
When used in this chapter: 4
(1) “Age” means anyone over the age of eighteen (18). 5
(2) “Armed forces” means the Army, Navy, Marine Corps, Coast Guard, Merchant 6
Marines, or Air Force of the United States and the Rhode Island National Guard. 7
(3) “Commission” means the Rhode Island commission for human rights created by § 28-8
5-8. 9
(4) “Disability” means a disability as defined in § 42-87-1. 10
Provided, further, that the term “disability” does not include current, illegal use of, or 11
addiction to, a controlled substance, as defined in 21 U.S.C. § 802. 12
(5) “Discriminate” includes segregate, separate, or otherwise differentiate between or 13
among individuals because of race, color, religion, sex, sexual orientation, gender identity or 14
expression, marital status, lawful source of income, military status as a veteran with an honorable 15
discharge or an honorable or general administrative discharge, servicemember in the armed forces, 16
country of ancestral origin, disability, age, housing status, or familial status or because of the race, 17
color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source 18
of income, military status as a veteran with an honorable discharge or an honorable or general 19
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administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 1
age, housing status, or familial status of any person with whom they are, or may wish to be, 2
associated. 3
(6) The term “domestic abuse” for the purposes of this chapter shall have the same meaning 4
as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2, 5
except that the domestic abuse need not involve a minor or parties with minor children. 6
(7)(i) “Familial status” means one or more individuals who have not attained the age of 7
eighteen (18) years being domiciled with: 8
(A) A parent or another person having legal custody of the individual or individuals; or 9
(B) The designee of the parent or other person having the custody, with the written 10
permission of the parent or other person, provided that, if the individual is not a relative or legal 11
dependent of the designee, that the individual shall have been domiciled with the designee for at 12
least six (6) months. 13
(ii) The protections afforded against discrimination on the basis of familial status shall 14
apply to any person who is pregnant or is in the process of securing legal custody of any individual 15
who has not attained the age of eighteen (18) years. 16
(8) The terms, as used regarding persons with disabilities, “auxiliary aids and services,” 17
“reasonable accommodation,” and “reasonable modifications” have the same meaning as those 18
terms are defined in § 42-87-1.1. 19
(9) The term “gender identity or expression” includes a person’s actual or perceived 20
gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, 21
or gender-related expression; whether or not that gender identity, gender-related self image, gender-22
related appearance, or gender-related expression is different from that traditionally associated with 23
the person’s sex at birth. 24
(10) “Housing accommodation” includes any building or structure, or portion of any 25
building or structure, or any parcel of land, developed or undeveloped, that is occupied or is 26
intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or 27
residence of one or more persons. 28
(11) “Otherwise qualified” includes any person with a disability who, with respect to the 29
rental of property, personally or with assistance arranged by the person with a disability, is capable 30
of performing all the responsibilities of a tenant as contained in § 34-18-24. 31
(12) “Owner” includes any person having the right to sell, rent, lease, or manage a housing 32
accommodation. 33
(13) “Person” includes one or more individuals, partnerships, associations, organizations, 34
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corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal 1
representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as 2
defined in chapter 20.5 of title 5. 3
(14) “Senior citizen” means a person sixty-two (62) years of age or older. 4
(15) The term “sexual orientation” means having, or being perceived as having, an 5
orientation for heterosexuality, bisexuality, or homosexuality. 6
(16) The term “victim” means a family or household member and all other persons 7
contained within the definition of those terms as defined in § 12-29-2. 8
(17) The term “housing status” means the status of having or not having a fixed or regular 9
residence, including the status of living on the streets or in a homeless shelter or similar temporary 10
residence. 11
(18) The term “lawful source of income” means and includes any income, benefit, or 12
subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any 13
other federal, state, or local public assistance program, including, but not limited to, medical or 14
veterans assistance; any federal, state, or local rental assistance or housing subsidy program, 15
including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C. § 1437; and any 16
requirement associated with such public assistance, rental assistance, or housing subsidy program. 17
(19) The term "assistance animal" means an animal that has been determined to mitigate 18
the effects of a physical or mental disability by a physician, psychologist, physician's assistant, 19
nurse practitioner, other health care provider, vocational rehabilitation specialist, or licensed social 20
worker. 21
(20) The term "service animal" means a guide dog, hearing dog, or other dog that is 22
specifically trained to assist a person with a disability to perform independent living tasks. The 23
provision of emotional support, well-being, comfort, or companionship do not constitute work or 24
tasks for the purposes of this definition. 25
34-37-4. Unlawful housing practices. 26
(a) No owner having the right to sell, rent, lease, or manage a housing accommodation as 27
defined in § 34-37-3, or an agent of any of these, shall, directly or indirectly, make, or cause to be 28
made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, 29
gender identity or expression, marital status, housing status, lawful source of income, military status 30
as a veteran with an honorable discharge or an honorable or general administrative discharge, 31
servicemember in the armed forces, country of ancestral origin, or disability, age, familial status 32
nor make any written or oral inquiry concerning whether a tenant or applicant or a member of the 33
household is, or has been, or is threatened with being the victim of domestic abuse, or whether a 34
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tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a 1
restraining order for protection from domestic abuse, of any prospective purchaser, occupant, or 2
tenant of the housing accommodation; directly or indirectly, refuse to sell, rent, lease, let, or 3
otherwise deny to or withhold from any individual the housing accommodation because of the race, 4
color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, 5
lawful source of income, military status as a veteran with an honorable discharge or an honorable 6
or general administrative discharge, servicemember in the armed forces, country of ancestral origin, 7
disability, age, or familial status of the individual or the race, color, religion, sex, sexual orientation, 8
gender identity or expression, marital status, housing status, lawful source of income, military status 9
as a veteran with an honorable discharge or an honorable or general administrative discharge, 10
servicemember in the armed forces, country of ancestral origin or disability, age, or familial status 11
of any person with whom the individual is or may wish to be associated; or shall, or on the basis 12
that a tenant or applicant, or a member of the household, is or has been, or is threatened with being, 13
the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking, 14
relief from any court in the form of a restraining order for protection from domestic abuse. Nor 15
shall an owner having the right to sell, rent, lease, or manage a housing accommodation as defined 16
in § 34-37-3, or an agent of any of these, directly or indirectly, issue any advertisement, notice or 17
statement relating to the sale, rental, or lease of the housing accommodation that indicates any 18
preference, limitation, specification, or discrimination based upon race, color, religion, sex, sexual 19
orientation, gender identity or expression, marital status, housing status, lawful source of income, 20
military status as a veteran with an honorable discharge or an honorable or general administrative 21
discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial 22
status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is 23
threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or 24
sought, or is seeking relief from any court in the form of a restraining order for protection from 25
domestic abuse, or shall, directly or indirectly, discriminate against any individual because of his 26
or her race, color, religion, sex, sexual orientation, gender identity or expression, marital status, 27
housing status, lawful source of income, military status as a veteran with an honorable discharge 28
or an honorable or general administrative discharge, servicemember in the armed forces, country 29
of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a 30
member of the household is, or has been, or is threatened with being the victim of domestic abuse, 31
or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the 32
form of a restraining order for protection from domestic abuse, in the terms, conditions, or 33
privileges of the sale, rental, or lease of any housing accommodation or in the furnishing of facilities 34
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or services in connection with it. Nor shall an owner having the right to sell, rent, lease, or manage 1
a housing accommodation as defined in § 34-37-3, or an agent of any of these, directly or indirectly, 2
misrepresent the availability of a housing accommodation or delay the processing of applications 3
relating to the sale, rental, or lease of the housing accommodation based upon an individual’s race, 4
color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, 5
lawful source of income, military status as a veteran with an honorable discharge or an honorable 6
or general administrative discharge, servicemember in the armed forces, country of ancestral origin, 7
disability, age, familial status, or on the basis that a tenant or applicant or a member of the 8
household is, or has been, or is threatened with being the victim of domestic abuse, or that the 9
tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a 10
restraining order for protection from domestic abuse. 11
Nothing in this section shall be construed to prohibit any oral or written inquiry as to 12
whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm the 13
source, amount, and expected duration of the lawful source of income of the prospective purchaser 14
or tenant to determine whether the prospective purchaser or tenant meets the nondiscriminatory 15
standards and preferences or terms, conditions, limitations, or specifications permitted under 16
subsection (c) of this section. 17
(b) No person to whom application is made for a loan or other form of financial assistance 18
for the acquisition, construction, rehabilitation, repair, or maintenance of any housing 19
accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be 20
made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender 21
identity or expression, marital status, military status as a veteran with an honorable discharge or an 22
honorable or general administrative discharge, servicemember in the armed forces, country of 23
ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether 24
a tenant or applicant or a member of the household is, or has been, or is threatened with being the 25
victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking 26
relief from any court in the form of a restraining order for protection from domestic abuse, of any 27
individual seeking the financial assistance, or of existing or prospective occupants or tenants of the 28
housing accommodation; nor shall any person to whom the application is made in the manner 29
provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the 30
obtaining or use of any financial assistance against any applicant because of the race, color, religion, 31
sex, sexual orientation, gender identity or expression, marital status, military status as a veteran 32
with an honorable discharge or an honorable or general administrative discharge, servicemember 33
in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that 34
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a tenant or applicant or a member of the household is, or has been, or is threatened with being the 1
victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief 2
from any court in the form of a restraining order for protection from domestic abuse, of the applicant 3
or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed 4
to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18). 5
(c) Nothing contained in this section shall be construed in any manner to prohibit or limit 6
the exercise of the privilege of every person and the agent of any person having the right to sell, 7
rent, lease, or manage a housing accommodation to establish standards and preferences and set 8
terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or 9
in the furnishing of facilities or services in connection therewith that do not discriminate on the 10
basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital 11
status, housing status, lawful source of income, military status as a veteran with an honorable 12
discharge or an honorable or general administrative discharge, servicemember in the armed forces, 13
country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant 14
or a member of the household is, or has been, or is threatened with being the victim of domestic 15
abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in 16
the form of a restraining order for protection from domestic abuse, of any prospective purchaser, 17
lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation, gender 18
identity or expression, marital status, housing status, lawful source of income, military status as a 19
veteran with an honorable discharge or an honorable or general administrative discharge, 20
servicemember in the armed forces, country of ancestral origin, disability, age, or familial status of 21
any person with whom the prospective purchaser, lessee, tenant, or occupant is or may wish to be 22
associated. Nothing contained in this section shall be construed in any manner to prohibit or limit 23
the exercise of the privilege of every person and the agent of any person making loans for, or 24
offering financial assistance in, the acquisition, construction, rehabilitation, repair, or maintenance 25
of housing accommodations to set standards and preferences, terms, conditions, limitations, or 26
specifications for the granting of loans or financial assistance that do not discriminate on the basis 27
of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, 28
housing status, military status as a veteran with an honorable discharge or an honorable or general 29
administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 30
age, familial status, or on the basis that a tenant or applicant or a member of the household is, or 31
has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant 32
has obtained, or sought, or is seeking relief from any court in the form of a restraining order for 33
protection from domestic abuse, of the applicant for the loan or financial assistance or of any 34
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existing or prospective owner, lessee, tenant, or occupant of the housing accommodation. If a 1
landlord requires that a prospective or current tenant have a certain minimum level of income, the 2
standard for assessing eligibility shall be based only on the portion of the rent to be paid by the 3
tenant, taking into account the value of any federal, state, or local rental assistance or housing 4
subsidy. 5
(d) An owner may not refuse to allow a person with a disability to make, at his or her 6
expense, reasonable modifications of existing premises occupied or to be occupied by the person if 7
the modifications may be necessary to afford the person full enjoyment of the premises, except that, 8
in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a 9
modification on the renter agreeing to restore the interior of the premises to the condition that 10
existed before the modification, reasonable wear and tear excepted. Where it is necessary in order 11
to ensure with reasonable certainty that funds will be available to pay for the restorations at the end 12
of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring 13
that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable 14
amount of money not to exceed the cost of the restorations. The interest in the account shall accrue 15
to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will 16
be subject to § 34-18-19(b) through (f) inclusive. 17
(e)(1) An owner may not refuse to make reasonable accommodations in rules, policies, 18
practices, or services when those accommodations may be necessary to afford an occupant with a 19
disability equal opportunity to use and enjoy a dwelling housing accommodation. 20
(2) Every person with a disability who has a guide dog or other personal assistive animal, 21
or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal 22
access to all housing accommodations provided for in this section and shall not be required to pay 23
extra compensation for the guide dog or other personal assistive animal but shall be liable for any 24
damage done to the premises by a guide dog or other personal assistive animal. For the purposes 25
of this subsection, a “personal assistive animal” is an animal specifically trained by a certified 26
animal training program to assist a person with a disability to perform independent living tasks. An 27
owner may not refuse to make reasonable accommodations in rules, policies, practices, or services 28
to allow a person with a disability who has a service animal or assistance animal or who obtains a 29
service animal or assistance animal full and equal access to all housing accommodations provided 30
for in this section, when those accommodations may be necessary to use and enjoy a housing 31
accommodation. A person with a disability who has a service animal or assistance animal or who 32
obtains a service animal or assistance animal shall not be required to pay a pet fee, pet deposit or 33
other extra compensation, but shall be liable for any damages done to the premises by a service 34
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animal or assistance animal. 1
(3) In determining whether a dog qualifies as a service animal, an owner shall not inquire 2
into the nature or extent of a person's disability or require documentation, such as proof that the 3
dog has been certified, trained, or licensed as a service animal. Unless it is readily apparent that the 4
dog is trained to do work or perform tasks for an individual with a disability, an owner may ask if 5
the animal is required because of a disability and what work or task the animal has been trained to 6
perform. 7
(f) Any housing accommodation of four (4) units or more constructed for first occupancy 8
after March 13, 1991, shall be designed and constructed in such a manner that: 9
(1) The public use and common use portions of the dwellings are readily accessible to and 10
usable by persons with disabilities; 11
(2) All the doors designed to allow passage into and within all premises within the 12
dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs; 13
(3) All premises within the dwellings contain the following features of adaptive design: 14
(i) Accessible route into and through the dwelling; 15
(ii) Light switches, electrical outlets, thermostats, and other environmental controls in 16
accessible locations; 17
(iii) Reinforcements in bathroom walls to allow later installation of grab bars; and 18
(iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver 19
about the space. To the extent that any state or local building codes, statutes, or ordinances are 20
inconsistent with this section, they are hereby repealed. The state building code standards 21
committee is hereby directed to adopt rules and regulations consistent with this section as soon as 22
possible, but no later than September 30, 1990. 23
(g) Compliance with the appropriate requirements of the state building code 14 24
“accessibility for individuals with disabilities for residential use groups” suffices to satisfy the 25
requirements of subsection (f). 26
(h) As used in subsection (f), the term “housing accommodation of four (4) units or more” 27
means: 28
(1) Buildings consisting of four (4) or more units if those buildings have one or more 29
elevators; and 30
(2) Ground floor units in other buildings consisting of four (4) or more units. 31
(i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that 32
requires a greater degree of accessibility to persons with disabilities. 33
(j) Nothing in this section requires that a dwelling be made available to an individual whose 34
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tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy 1
would result in substantial physical damage to the property of others. 2
(k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee, 3
sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent, 4
lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the 5
person selected. 6
(l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this 7
section to be an unlawful housing practice; or obstruct or prevent any person from complying with 8
the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to 9
commit any act declared by this section to be an unlawful housing practice. 10
(m) No owner; person defined in § 34-37-3(13); person to whom application is made for a 11
loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or 12
maintenance of any housing accommodation, whether secured or unsecured; no financial 13
organization governed by the provisions of title 19 or any other credit-granting commercial 14
institution; or respondent under this chapter; or any agent of these shall discriminate in any manner 15
against any individual because he or she has opposed any practice forbidden by this chapter, or 16
because he or she has made a charge, testified, or assisted in any manner in any investigation, 17
proceeding, or hearing under this chapter. 18
(n) Nothing in this section shall prevent a landlord from proceeding with eviction action 19
against a tenant who fails to comply with § 34-18-24(7). 20
34-37-5. Prevention of unlawful housing practices. 21
(a) The commission is empowered and directed to prevent any person from violating any 22
of the provisions of this chapter, provided that before instituting a formal proceeding, it shall 23
attempt by informal methods of conference, persuasion, and conciliation to induce compliance with 24
this chapter. 25
(b) Upon the commission’s own initiative or whenever an aggrieved individual or an 26
organization chartered for the purpose of or engaged in combating discrimination or racism or of 27
safeguarding civil liberties, that organization acting on behalf of one or more individuals being 28
hereinafter referred to as the complainant, makes a charge, in writing, under oath, to the commission 29
that any person, agency, bureau, corporation, or association, hereinafter referred to as the 30
respondent, has violated or is violating, to the best of complainant’s knowledge and belief, any of 31
the provisions of this chapter, and that the alleged discriminatory housing practice has occurred or 32
terminated within one year of the date of filing, the commission may initiate a preliminary 33
investigation and if it shall determine after the investigation that it is probable that unlawful housing 34
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practices have been or are being engaged in, it shall endeavor to eliminate the unlawful housing 1
practices by informal methods of conference, conciliation, and persuasion. Nothing said or done 2
during these endeavors may be used as evidence in any subsequent proceeding. If after the 3
investigation and conference, the commission is satisfied that any unlawful housing practice of the 4
respondent will be eliminated, it may, with the consent of the complainant, treat the charge as 5
conciliated, and entry of that disposition shall be made on the records of the commission. If the 6
commission fails to effect the elimination of the unlawful housing practices and to obtain voluntary 7
compliance with this chapter, or, if the circumstances warrant, in advance of any preliminary 8
investigation or endeavors, the commission shall have the power to issue and cause to be served 9
upon any person or respondent a complaint stating the charges in that respect and containing a 10
notice of hearing before the commission, a member thereof, or a hearing examiner at a place therein 11
fixed to be held not less than ten (10) days after the service of the complaint. 12
(c) The commission, member thereof, or hearing examiner conducting the hearing shall 13
have the power reasonably and fairly to amend any written complaint at any time prior to the 14
issuance of an order based thereon. The respondent shall have like power to amend its answer to 15
the original or amended complaint at any time prior to the issuance of the order. The commissioner 16
assigned to the preliminary hearing of any charge shall take no part in the final hearing except as a 17
witness upon competent matters and will have no part in the determination or decision of the case 18
after hearing. 19
(d) The respondent shall have the right to file an answer to the complaint and shall appear 20
at the hearing in person or otherwise with or without counsel to present evidence and to examine 21
and cross-examine witnesses. 22
(e) In any proceeding, the commission, its member, or its agent shall not be bound by the 23
rules of evidence prevailing in the courts. 24
(f) The commission shall in ascertaining the practices followed by the respondent take into 25
account all evidence, statistical or otherwise, that may tend to prove the existence of a 26
predetermined pattern of discrimination in housing. 27
(g) The testimony taken at the hearing shall be under oath and shall be reduced to writing 28
and filed with the commission. Thereafter, in its discretion, the commission upon notice may take 29
further testimony or hear argument. 30
(h)(1) If upon all the testimony taken the commission shall determine that the respondent 31
has engaged in or is engaging in unlawful housing practices, the commission shall state its findings 32
of fact and shall issue and cause to be served on the respondent an order requiring the respondent 33
to cease and desist from the unlawful housing practices, and to take further affirmative or other 34
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action as will effectuate the purposes of this chapter. 1
(2) The commission may also order the respondent to pay the complainant damages 2
sustained thereby; costs, including reasonable attorney’s fees incurred at any time in connection 3
with the commission of the unlawful act, and civil penalties, any amounts awarded to be deposited 4
in the state treasury. The civil penalty shall be (i) An amount not exceeding ten thousand dollars 5
($10,000) if the respondent has not been adjudged to have committed any prior discriminatory 6
housing practice; (ii) In an amount not exceeding twenty-five thousand dollars ($25,000) if the 7
respondent has been adjudged to have committed one other discriminatory housing practice during 8
the five-year (5) period ending on the date of filing this charge; and (iii) In an amount not exceeding 9
fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or 10
more discriminatory housing practices during the seven-year (7) period ending on the date of the 11
filing of this charge; except that if the acts constituting the discriminatory housing practice that is 12
the object of the charge are committed by the same natural person who has been previously 13
adjudged to have committed acts constituting a discriminatory housing practice, then the civil 14
penalties set forth in (ii) and (iii) may be imposed without regard to the period of time within which 15
any subsequent discriminatory housing practice occurred. When determining the amount of civil 16
penalties, the commission shall consider as a mitigating factor whether the respondent has acted in 17
good faith and whether the respondent has actively engaged in regular antidiscrimination 18
educational programs. Provided that no order shall affect any contract, sale, encumbrance, or lease 19
consummated before the issuance of the order and involving a bona fide purchaser, encumbrancer, 20
or tenant without actual notice of the charge filed under this title. 21
(i) If the commission shall find that no probable cause exists for crediting the charges, or, 22
if upon all the evidence, it shall find that a respondent has not engaged in unfair housing practices, 23
the commission shall state its findings of fact and shall issue and cause to be served on the 24
complainant an order dismissing the complaint as to the respondent. A copy of the order shall be 25
delivered in all cases to the attorney general and such other public officers as the commission deems 26
proper. 27
(j) Until a transcript of the record in a case shall be filed in a court as provided in subsection 28
(m), the commission may at any time, upon reasonable notice, and in such manner as it shall deem 29
proper, modify or set aside, in whole or in part, any of its findings or orders. 30
(k) Until such time as a hearing is convened pursuant to this section, no publicity shall be 31
given to any proceedings before the commission, either by the commission or any employee 32
thereof, the complainant, or the respondent, except that in the event of a conciliation agreement the 33
agreement shall be made public unless the complainant and respondent otherwise agree and the 34
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commission determines that disclosure is not required to further the purposes of this chapter. After 1
the complaint issues and before an order issues, the commission shall not initiate any public notice 2
of any charge or complaint before the commission, however, the commission may respond to 3
inquiries about the status of a complaint. 4
(l) A complainant may seek a right to sue in state court if not less than one hundred and 5
twenty (120) days and not more than two (2) years have elapsed from the date of filing of a charge, 6
if the commission has been unable to secure a settlement agreement or conciliation agreement and 7
if the commission has not commenced hearing on a complaint. The commission shall grant the right 8
to sue within thirty (30) days after receipt of the request. This shall terminate all proceedings before 9
the commission and shall give to the complainant the right to commence suit in the superior court 10
within any county as provided in § 28-5-28 within ninety (90) days after the granting of the request. 11
Any party may claim a trial by jury. The superior court may make orders consistent with subsection 12
(h) and may also award punitive damages and such other damages as the court deems just and 13
proper. 14
(m)(1) The commission is further empowered to file a complaint in the superior court in 15
any county in which the unlawful housing practice allegedly occurs, or has occurred, or in which a 16
defendant resides or maintains a business office, or in Providence County, seeking injunctive relief, 17
including a temporary restraining order, against the defendant. 18
(2) No preliminary injunction shall be effective for more than thirty (30) days; provided 19
that, if the defendant has sought judicial review of an order of the commission issued pursuant to 20
this section, or if the commission has sought a decree of the court for the enforcement of the order, 21
the preliminary injunction shall remain in full force and effect until such time as the judicial review 22
or the commission’s petition for the decree of enforcement is finally heard and determined. 23
(3) In any proceeding under this subsection, the commission may, if the prayer of the 24
original or amended complaint so requests, proceed at the proper time to obtain the relief provided 25
in § 34-37-6. 26
(4) The application by the commission for injunctive relief shall not prevent the 27
commission from continuing to prosecute the proceeding before it out of which the application 28
arises. 29
(5) Whenever a complaint shall be filed under the provisions of this subsection, the state 30
shall be liable, in an action brought against it, for the payment of such costs and damages as may 31
have been incurred or suffered by the defendant should final judgment be entered upon the 32
complaint in favor of the defendant, or should the commission, having been denied temporary relief 33
after the entry of a restraining order, fail to prosecute the matter further, or should the commission, 34
LC000175 - Page 13 of 14
having been granted temporary relief, fail to prosecute the matter further, unless, in the latter two 1
(2) instances, failure to prosecute is caused by the making of an agreed settlement of any kind with 2
the defendant, including a conciliation agreement. 3
(6) All proceedings taken pursuant to the provisions of this section shall take precedence 4
over all other civil matters then pending before the court. 5
(n) The complainant or the respondent may elect, within twenty (20) days after receipt of 6
a finding of probable cause, to terminate by written notice to the commission all proceedings before 7
the commission and have the case heard in the superior court. In the event of an election to terminate 8
the proceedings, the commission shall issue a right to sue notice to the complainant with a copy of 9
the notice sent to all parties. 10
(1) The complainant shall have the right to commence suit in the superior court within any 11
county as provided in § 28-5-28 within ninety (90) days of the date of the right to sue notice. Either 12
party may claim a trial by jury in the superior court. 13
(2) Notwithstanding the termination of proceedings before the commission upon the 14
granting of the right to sue notice, the parties may agree to have the commission seek to conciliate 15
or mediate settlement of the case within the ninety-day (90) period in which the complainant has 16
the right to commence suit in superior court. 17
(o) If an election is made under subsection (n): 18
(1) The complainant, the commission, or the attorney general may commence a civil action 19
on behalf of the aggrieved person in the superior court within any county as provided in § 28-5-28 20
within ninety (90) days of the date of the right to sue notice under subsection (n); 21
(2) Any party may claim a trial by jury. Any aggrieved person with respect to the issues to 22
be determined in a civil action under this subsection may intervene as of right in that civil action; 23
(3) The superior court may make orders consistent with subsection (h) and may also award 24
punitive damages and such damages as the court deems just and proper; provided, that the court 25
shall not enter a consent order, dismissal stipulation, or judgment settling claims of discrimination 26
in an action or proceeding under this chapter, unless the parties and their counsel attest that a waiver 27
of all or substantially all attorneys’ fees was not compelled as a condition of the settlement. 28
SECTION 2. This act shall take effect upon passage. 29
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICE ACT
***
This act would amend the Rhode Island Fair Housing Practices Act to define "assistance 1
animal" and clarify existing protections for persons with such animals consistent with the federal 2
Fair Housing Act, clarify the ability of the Rhode Island Commission for Human Rights to accept, 3
investigate, and decide cases alleging discrimination on the basis of "housing status," make 4
unlawful the issuance of discriminatory notices or statements related to the sale, rental or leasing 5
of housing, and delete a provision in current law prohibiting parties from discussing their fair 6
housing cases publicly. 7
This act would take effect upon passage. 8
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