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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0129 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000175 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 PRACTICE ACT |
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| 16 | 16 | | Introduced By: Senators Kallman, DiMario, Lauria, Acosta, and Urso |
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| 17 | 17 | | Date Introduced: January 31, 2025 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 34-37-3, 34-37-4 and 34-37-5 of the General Laws in Chapter 34-1 |
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| 23 | 23 | | 37 entitled "Rhode Island Fair Housing Practices Act" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 34-37-3. Definitions. 3 |
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| 25 | 25 | | When used in this chapter: 4 |
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| 26 | 26 | | (1) “Age” means anyone over the age of eighteen (18). 5 |
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| 27 | 27 | | (2) “Armed forces” means the Army, Navy, Marine Corps, Coast Guard, Merchant 6 |
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| 28 | 28 | | Marines, or Air Force of the United States and the Rhode Island National Guard. 7 |
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| 29 | 29 | | (3) “Commission” means the Rhode Island commission for human rights created by § 28-8 |
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| 30 | 30 | | 5-8. 9 |
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| 31 | 31 | | (4) “Disability” means a disability as defined in § 42-87-1. 10 |
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| 32 | 32 | | Provided, further, that the term “disability” does not include current, illegal use of, or 11 |
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| 33 | 33 | | addiction to, a controlled substance, as defined in 21 U.S.C. § 802. 12 |
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| 34 | 34 | | (5) “Discriminate” includes segregate, separate, or otherwise differentiate between or 13 |
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| 35 | 35 | | among individuals because of race, color, religion, sex, sexual orientation, gender identity or 14 |
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| 36 | 36 | | expression, marital status, lawful source of income, military status as a veteran with an honorable 15 |
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| 37 | 37 | | discharge or an honorable or general administrative discharge, servicemember in the armed forces, 16 |
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| 38 | 38 | | country of ancestral origin, disability, age, housing status, or familial status or because of the race, 17 |
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| 39 | 39 | | color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source 18 |
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| 40 | 40 | | of income, military status as a veteran with an honorable discharge or an honorable or general 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000175 - Page 2 of 14 |
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| 44 | 44 | | administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 1 |
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| 45 | 45 | | age, housing status, or familial status of any person with whom they are, or may wish to be, 2 |
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| 46 | 46 | | associated. 3 |
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| 47 | 47 | | (6) The term “domestic abuse” for the purposes of this chapter shall have the same meaning 4 |
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| 48 | 48 | | as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2, 5 |
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| 49 | 49 | | except that the domestic abuse need not involve a minor or parties with minor children. 6 |
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| 50 | 50 | | (7)(i) “Familial status” means one or more individuals who have not attained the age of 7 |
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| 51 | 51 | | eighteen (18) years being domiciled with: 8 |
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| 52 | 52 | | (A) A parent or another person having legal custody of the individual or individuals; or 9 |
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| 53 | 53 | | (B) The designee of the parent or other person having the custody, with the written 10 |
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| 54 | 54 | | permission of the parent or other person, provided that, if the individual is not a relative or legal 11 |
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| 55 | 55 | | dependent of the designee, that the individual shall have been domiciled with the designee for at 12 |
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| 56 | 56 | | least six (6) months. 13 |
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| 57 | 57 | | (ii) The protections afforded against discrimination on the basis of familial status shall 14 |
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| 58 | 58 | | apply to any person who is pregnant or is in the process of securing legal custody of any individual 15 |
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| 59 | 59 | | who has not attained the age of eighteen (18) years. 16 |
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| 60 | 60 | | (8) The terms, as used regarding persons with disabilities, “auxiliary aids and services,” 17 |
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| 61 | 61 | | “reasonable accommodation,” and “reasonable modifications” have the same meaning as those 18 |
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| 62 | 62 | | terms are defined in § 42-87-1.1. 19 |
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| 63 | 63 | | (9) The term “gender identity or expression” includes a person’s actual or perceived 20 |
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| 64 | 64 | | gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, 21 |
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| 65 | 65 | | or gender-related expression; whether or not that gender identity, gender-related self image, gender-22 |
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| 66 | 66 | | related appearance, or gender-related expression is different from that traditionally associated with 23 |
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| 67 | 67 | | the person’s sex at birth. 24 |
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| 68 | 68 | | (10) “Housing accommodation” includes any building or structure, or portion of any 25 |
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| 69 | 69 | | building or structure, or any parcel of land, developed or undeveloped, that is occupied or is 26 |
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| 70 | 70 | | intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or 27 |
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| 71 | 71 | | residence of one or more persons. 28 |
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| 72 | 72 | | (11) “Otherwise qualified” includes any person with a disability who, with respect to the 29 |
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| 73 | 73 | | rental of property, personally or with assistance arranged by the person with a disability, is capable 30 |
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| 74 | 74 | | of performing all the responsibilities of a tenant as contained in § 34-18-24. 31 |
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| 75 | 75 | | (12) “Owner” includes any person having the right to sell, rent, lease, or manage a housing 32 |
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| 76 | 76 | | accommodation. 33 |
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| 77 | 77 | | (13) “Person” includes one or more individuals, partnerships, associations, organizations, 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000175 - Page 3 of 14 |
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| 81 | 81 | | corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal 1 |
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| 82 | 82 | | representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as 2 |
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| 83 | 83 | | defined in chapter 20.5 of title 5. 3 |
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| 84 | 84 | | (14) “Senior citizen” means a person sixty-two (62) years of age or older. 4 |
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| 85 | 85 | | (15) The term “sexual orientation” means having, or being perceived as having, an 5 |
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| 86 | 86 | | orientation for heterosexuality, bisexuality, or homosexuality. 6 |
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| 87 | 87 | | (16) The term “victim” means a family or household member and all other persons 7 |
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| 88 | 88 | | contained within the definition of those terms as defined in § 12-29-2. 8 |
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| 89 | 89 | | (17) The term “housing status” means the status of having or not having a fixed or regular 9 |
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| 90 | 90 | | residence, including the status of living on the streets or in a homeless shelter or similar temporary 10 |
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| 91 | 91 | | residence. 11 |
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| 92 | 92 | | (18) The term “lawful source of income” means and includes any income, benefit, or 12 |
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| 93 | 93 | | subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any 13 |
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| 94 | 94 | | other federal, state, or local public assistance program, including, but not limited to, medical or 14 |
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| 95 | 95 | | veterans assistance; any federal, state, or local rental assistance or housing subsidy program, 15 |
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| 96 | 96 | | including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C. § 1437; and any 16 |
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| 97 | 97 | | requirement associated with such public assistance, rental assistance, or housing subsidy program. 17 |
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| 98 | 98 | | (19) The term "assistance animal" means an animal that has been determined to mitigate 18 |
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| 99 | 99 | | the effects of a physical or mental disability by a physician, psychologist, physician's assistant, 19 |
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| 100 | 100 | | nurse practitioner, other health care provider, vocational rehabilitation specialist, or licensed social 20 |
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| 101 | 101 | | worker. 21 |
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| 102 | 102 | | (20) The term "service animal" means a guide dog, hearing dog, or other dog that is 22 |
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| 103 | 103 | | specifically trained to assist a person with a disability to perform independent living tasks. The 23 |
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| 104 | 104 | | provision of emotional support, well-being, comfort, or companionship do not constitute work or 24 |
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| 105 | 105 | | tasks for the purposes of this definition. 25 |
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| 106 | 106 | | 34-37-4. Unlawful housing practices. 26 |
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| 107 | 107 | | (a) No owner having the right to sell, rent, lease, or manage a housing accommodation as 27 |
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| 108 | 108 | | defined in § 34-37-3, or an agent of any of these, shall, directly or indirectly, make, or cause to be 28 |
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| 109 | 109 | | made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, 29 |
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| 110 | 110 | | gender identity or expression, marital status, housing status, lawful source of income, military status 30 |
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| 111 | 111 | | as a veteran with an honorable discharge or an honorable or general administrative discharge, 31 |
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| 112 | 112 | | servicemember in the armed forces, country of ancestral origin, or disability, age, familial status 32 |
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| 113 | 113 | | nor make any written or oral inquiry concerning whether a tenant or applicant or a member of the 33 |
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| 114 | 114 | | household is, or has been, or is threatened with being the victim of domestic abuse, or whether a 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000175 - Page 4 of 14 |
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| 118 | 118 | | tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a 1 |
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| 119 | 119 | | restraining order for protection from domestic abuse, of any prospective purchaser, occupant, or 2 |
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| 120 | 120 | | tenant of the housing accommodation; directly or indirectly, refuse to sell, rent, lease, let, or 3 |
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| 121 | 121 | | otherwise deny to or withhold from any individual the housing accommodation because of the race, 4 |
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| 122 | 122 | | color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, 5 |
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| 123 | 123 | | lawful source of income, military status as a veteran with an honorable discharge or an honorable 6 |
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| 124 | 124 | | or general administrative discharge, servicemember in the armed forces, country of ancestral origin, 7 |
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| 125 | 125 | | disability, age, or familial status of the individual or the race, color, religion, sex, sexual orientation, 8 |
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| 126 | 126 | | gender identity or expression, marital status, housing status, lawful source of income, military status 9 |
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| 127 | 127 | | as a veteran with an honorable discharge or an honorable or general administrative discharge, 10 |
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| 128 | 128 | | servicemember in the armed forces, country of ancestral origin or disability, age, or familial status 11 |
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| 129 | 129 | | of any person with whom the individual is or may wish to be associated; or shall, or on the basis 12 |
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| 130 | 130 | | that a tenant or applicant, or a member of the household, is or has been, or is threatened with being, 13 |
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| 131 | 131 | | the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking, 14 |
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| 132 | 132 | | relief from any court in the form of a restraining order for protection from domestic abuse. Nor 15 |
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| 133 | 133 | | shall an owner having the right to sell, rent, lease, or manage a housing accommodation as defined 16 |
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| 134 | 134 | | in § 34-37-3, or an agent of any of these, directly or indirectly, issue any advertisement, notice or 17 |
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| 135 | 135 | | statement relating to the sale, rental, or lease of the housing accommodation that indicates any 18 |
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| 136 | 136 | | preference, limitation, specification, or discrimination based upon race, color, religion, sex, sexual 19 |
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| 137 | 137 | | orientation, gender identity or expression, marital status, housing status, lawful source of income, 20 |
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| 138 | 138 | | military status as a veteran with an honorable discharge or an honorable or general administrative 21 |
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| 139 | 139 | | discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial 22 |
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| 140 | 140 | | status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is 23 |
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| 141 | 141 | | threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or 24 |
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| 142 | 142 | | sought, or is seeking relief from any court in the form of a restraining order for protection from 25 |
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| 143 | 143 | | domestic abuse, or shall, directly or indirectly, discriminate against any individual because of his 26 |
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| 144 | 144 | | or her race, color, religion, sex, sexual orientation, gender identity or expression, marital status, 27 |
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| 145 | 145 | | housing status, lawful source of income, military status as a veteran with an honorable discharge 28 |
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| 146 | 146 | | or an honorable or general administrative discharge, servicemember in the armed forces, country 29 |
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| 147 | 147 | | of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a 30 |
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| 148 | 148 | | member of the household is, or has been, or is threatened with being the victim of domestic abuse, 31 |
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| 149 | 149 | | or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the 32 |
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| 150 | 150 | | form of a restraining order for protection from domestic abuse, in the terms, conditions, or 33 |
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| 151 | 151 | | privileges of the sale, rental, or lease of any housing accommodation or in the furnishing of facilities 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000175 - Page 5 of 14 |
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| 155 | 155 | | or services in connection with it. Nor shall an owner having the right to sell, rent, lease, or manage 1 |
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| 156 | 156 | | a housing accommodation as defined in § 34-37-3, or an agent of any of these, directly or indirectly, 2 |
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| 157 | 157 | | misrepresent the availability of a housing accommodation or delay the processing of applications 3 |
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| 158 | 158 | | relating to the sale, rental, or lease of the housing accommodation based upon an individual’s race, 4 |
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| 159 | 159 | | color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, 5 |
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| 160 | 160 | | lawful source of income, military status as a veteran with an honorable discharge or an honorable 6 |
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| 161 | 161 | | or general administrative discharge, servicemember in the armed forces, country of ancestral origin, 7 |
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| 162 | 162 | | disability, age, familial status, or on the basis that a tenant or applicant or a member of the 8 |
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| 163 | 163 | | household is, or has been, or is threatened with being the victim of domestic abuse, or that the 9 |
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| 164 | 164 | | tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a 10 |
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| 165 | 165 | | restraining order for protection from domestic abuse. 11 |
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| 166 | 166 | | Nothing in this section shall be construed to prohibit any oral or written inquiry as to 12 |
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| 167 | 167 | | whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm the 13 |
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| 168 | 168 | | source, amount, and expected duration of the lawful source of income of the prospective purchaser 14 |
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| 169 | 169 | | or tenant to determine whether the prospective purchaser or tenant meets the nondiscriminatory 15 |
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| 170 | 170 | | standards and preferences or terms, conditions, limitations, or specifications permitted under 16 |
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| 171 | 171 | | subsection (c) of this section. 17 |
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| 172 | 172 | | (b) No person to whom application is made for a loan or other form of financial assistance 18 |
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| 173 | 173 | | for the acquisition, construction, rehabilitation, repair, or maintenance of any housing 19 |
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| 174 | 174 | | accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be 20 |
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| 175 | 175 | | made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender 21 |
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| 176 | 176 | | identity or expression, marital status, military status as a veteran with an honorable discharge or an 22 |
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| 177 | 177 | | honorable or general administrative discharge, servicemember in the armed forces, country of 23 |
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| 178 | 178 | | ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether 24 |
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| 179 | 179 | | a tenant or applicant or a member of the household is, or has been, or is threatened with being the 25 |
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| 180 | 180 | | victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking 26 |
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| 181 | 181 | | relief from any court in the form of a restraining order for protection from domestic abuse, of any 27 |
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| 182 | 182 | | individual seeking the financial assistance, or of existing or prospective occupants or tenants of the 28 |
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| 183 | 183 | | housing accommodation; nor shall any person to whom the application is made in the manner 29 |
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| 184 | 184 | | provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the 30 |
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| 185 | 185 | | obtaining or use of any financial assistance against any applicant because of the race, color, religion, 31 |
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| 186 | 186 | | sex, sexual orientation, gender identity or expression, marital status, military status as a veteran 32 |
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| 187 | 187 | | with an honorable discharge or an honorable or general administrative discharge, servicemember 33 |
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| 188 | 188 | | in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000175 - Page 6 of 14 |
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| 192 | 192 | | a tenant or applicant or a member of the household is, or has been, or is threatened with being the 1 |
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| 193 | 193 | | victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief 2 |
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| 194 | 194 | | from any court in the form of a restraining order for protection from domestic abuse, of the applicant 3 |
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| 195 | 195 | | or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed 4 |
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| 196 | 196 | | to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18). 5 |
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| 197 | 197 | | (c) Nothing contained in this section shall be construed in any manner to prohibit or limit 6 |
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| 198 | 198 | | the exercise of the privilege of every person and the agent of any person having the right to sell, 7 |
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| 199 | 199 | | rent, lease, or manage a housing accommodation to establish standards and preferences and set 8 |
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| 200 | 200 | | terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or 9 |
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| 201 | 201 | | in the furnishing of facilities or services in connection therewith that do not discriminate on the 10 |
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| 202 | 202 | | basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital 11 |
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| 203 | 203 | | status, housing status, lawful source of income, military status as a veteran with an honorable 12 |
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| 204 | 204 | | discharge or an honorable or general administrative discharge, servicemember in the armed forces, 13 |
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| 205 | 205 | | country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant 14 |
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| 206 | 206 | | or a member of the household is, or has been, or is threatened with being the victim of domestic 15 |
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| 207 | 207 | | abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in 16 |
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| 208 | 208 | | the form of a restraining order for protection from domestic abuse, of any prospective purchaser, 17 |
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| 209 | 209 | | lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation, gender 18 |
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| 210 | 210 | | identity or expression, marital status, housing status, lawful source of income, military status as a 19 |
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| 211 | 211 | | veteran with an honorable discharge or an honorable or general administrative discharge, 20 |
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| 212 | 212 | | servicemember in the armed forces, country of ancestral origin, disability, age, or familial status of 21 |
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| 213 | 213 | | any person with whom the prospective purchaser, lessee, tenant, or occupant is or may wish to be 22 |
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| 214 | 214 | | associated. Nothing contained in this section shall be construed in any manner to prohibit or limit 23 |
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| 215 | 215 | | the exercise of the privilege of every person and the agent of any person making loans for, or 24 |
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| 216 | 216 | | offering financial assistance in, the acquisition, construction, rehabilitation, repair, or maintenance 25 |
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| 217 | 217 | | of housing accommodations to set standards and preferences, terms, conditions, limitations, or 26 |
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| 218 | 218 | | specifications for the granting of loans or financial assistance that do not discriminate on the basis 27 |
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| 219 | 219 | | of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, 28 |
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| 220 | 220 | | housing status, military status as a veteran with an honorable discharge or an honorable or general 29 |
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| 221 | 221 | | administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 30 |
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| 222 | 222 | | age, familial status, or on the basis that a tenant or applicant or a member of the household is, or 31 |
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| 223 | 223 | | has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant 32 |
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| 224 | 224 | | has obtained, or sought, or is seeking relief from any court in the form of a restraining order for 33 |
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| 225 | 225 | | protection from domestic abuse, of the applicant for the loan or financial assistance or of any 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC000175 - Page 7 of 14 |
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| 229 | 229 | | existing or prospective owner, lessee, tenant, or occupant of the housing accommodation. If a 1 |
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| 230 | 230 | | landlord requires that a prospective or current tenant have a certain minimum level of income, the 2 |
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| 231 | 231 | | standard for assessing eligibility shall be based only on the portion of the rent to be paid by the 3 |
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| 232 | 232 | | tenant, taking into account the value of any federal, state, or local rental assistance or housing 4 |
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| 233 | 233 | | subsidy. 5 |
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| 234 | 234 | | (d) An owner may not refuse to allow a person with a disability to make, at his or her 6 |
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| 235 | 235 | | expense, reasonable modifications of existing premises occupied or to be occupied by the person if 7 |
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| 236 | 236 | | the modifications may be necessary to afford the person full enjoyment of the premises, except that, 8 |
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| 237 | 237 | | in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a 9 |
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| 238 | 238 | | modification on the renter agreeing to restore the interior of the premises to the condition that 10 |
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| 239 | 239 | | existed before the modification, reasonable wear and tear excepted. Where it is necessary in order 11 |
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| 240 | 240 | | to ensure with reasonable certainty that funds will be available to pay for the restorations at the end 12 |
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| 241 | 241 | | of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring 13 |
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| 242 | 242 | | that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable 14 |
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| 243 | 243 | | amount of money not to exceed the cost of the restorations. The interest in the account shall accrue 15 |
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| 244 | 244 | | to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will 16 |
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| 245 | 245 | | be subject to § 34-18-19(b) through (f) inclusive. 17 |
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| 246 | 246 | | (e)(1) An owner may not refuse to make reasonable accommodations in rules, policies, 18 |
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| 247 | 247 | | practices, or services when those accommodations may be necessary to afford an occupant with a 19 |
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| 248 | 248 | | disability equal opportunity to use and enjoy a dwelling housing accommodation. 20 |
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| 249 | 249 | | (2) Every person with a disability who has a guide dog or other personal assistive animal, 21 |
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| 250 | 250 | | or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal 22 |
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| 251 | 251 | | access to all housing accommodations provided for in this section and shall not be required to pay 23 |
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| 252 | 252 | | extra compensation for the guide dog or other personal assistive animal but shall be liable for any 24 |
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| 253 | 253 | | damage done to the premises by a guide dog or other personal assistive animal. For the purposes 25 |
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| 254 | 254 | | of this subsection, a “personal assistive animal” is an animal specifically trained by a certified 26 |
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| 255 | 255 | | animal training program to assist a person with a disability to perform independent living tasks. An 27 |
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| 256 | 256 | | owner may not refuse to make reasonable accommodations in rules, policies, practices, or services 28 |
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| 257 | 257 | | to allow a person with a disability who has a service animal or assistance animal or who obtains a 29 |
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| 258 | 258 | | service animal or assistance animal full and equal access to all housing accommodations provided 30 |
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| 259 | 259 | | for in this section, when those accommodations may be necessary to use and enjoy a housing 31 |
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| 260 | 260 | | accommodation. A person with a disability who has a service animal or assistance animal or who 32 |
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| 261 | 261 | | obtains a service animal or assistance animal shall not be required to pay a pet fee, pet deposit or 33 |
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| 262 | 262 | | other extra compensation, but shall be liable for any damages done to the premises by a service 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC000175 - Page 8 of 14 |
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| 266 | 266 | | animal or assistance animal. 1 |
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| 267 | 267 | | (3) In determining whether a dog qualifies as a service animal, an owner shall not inquire 2 |
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| 268 | 268 | | into the nature or extent of a person's disability or require documentation, such as proof that the 3 |
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| 269 | 269 | | dog has been certified, trained, or licensed as a service animal. Unless it is readily apparent that the 4 |
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| 270 | 270 | | dog is trained to do work or perform tasks for an individual with a disability, an owner may ask if 5 |
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| 271 | 271 | | the animal is required because of a disability and what work or task the animal has been trained to 6 |
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| 272 | 272 | | perform. 7 |
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| 273 | 273 | | (f) Any housing accommodation of four (4) units or more constructed for first occupancy 8 |
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| 274 | 274 | | after March 13, 1991, shall be designed and constructed in such a manner that: 9 |
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| 275 | 275 | | (1) The public use and common use portions of the dwellings are readily accessible to and 10 |
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| 276 | 276 | | usable by persons with disabilities; 11 |
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| 277 | 277 | | (2) All the doors designed to allow passage into and within all premises within the 12 |
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| 278 | 278 | | dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs; 13 |
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| 279 | 279 | | (3) All premises within the dwellings contain the following features of adaptive design: 14 |
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| 280 | 280 | | (i) Accessible route into and through the dwelling; 15 |
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| 281 | 281 | | (ii) Light switches, electrical outlets, thermostats, and other environmental controls in 16 |
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| 282 | 282 | | accessible locations; 17 |
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| 283 | 283 | | (iii) Reinforcements in bathroom walls to allow later installation of grab bars; and 18 |
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| 284 | 284 | | (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver 19 |
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| 285 | 285 | | about the space. To the extent that any state or local building codes, statutes, or ordinances are 20 |
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| 286 | 286 | | inconsistent with this section, they are hereby repealed. The state building code standards 21 |
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| 287 | 287 | | committee is hereby directed to adopt rules and regulations consistent with this section as soon as 22 |
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| 288 | 288 | | possible, but no later than September 30, 1990. 23 |
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| 289 | 289 | | (g) Compliance with the appropriate requirements of the state building code 14 24 |
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| 290 | 290 | | “accessibility for individuals with disabilities for residential use groups” suffices to satisfy the 25 |
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| 291 | 291 | | requirements of subsection (f). 26 |
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| 292 | 292 | | (h) As used in subsection (f), the term “housing accommodation of four (4) units or more” 27 |
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| 293 | 293 | | means: 28 |
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| 294 | 294 | | (1) Buildings consisting of four (4) or more units if those buildings have one or more 29 |
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| 295 | 295 | | elevators; and 30 |
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| 296 | 296 | | (2) Ground floor units in other buildings consisting of four (4) or more units. 31 |
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| 297 | 297 | | (i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that 32 |
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| 298 | 298 | | requires a greater degree of accessibility to persons with disabilities. 33 |
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| 299 | 299 | | (j) Nothing in this section requires that a dwelling be made available to an individual whose 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC000175 - Page 9 of 14 |
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| 303 | 303 | | tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy 1 |
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| 304 | 304 | | would result in substantial physical damage to the property of others. 2 |
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| 305 | 305 | | (k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee, 3 |
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| 306 | 306 | | sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent, 4 |
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| 307 | 307 | | lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the 5 |
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| 308 | 308 | | person selected. 6 |
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| 309 | 309 | | (l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this 7 |
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| 310 | 310 | | section to be an unlawful housing practice; or obstruct or prevent any person from complying with 8 |
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| 311 | 311 | | the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to 9 |
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| 312 | 312 | | commit any act declared by this section to be an unlawful housing practice. 10 |
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| 313 | 313 | | (m) No owner; person defined in § 34-37-3(13); person to whom application is made for a 11 |
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| 314 | 314 | | loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or 12 |
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| 315 | 315 | | maintenance of any housing accommodation, whether secured or unsecured; no financial 13 |
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| 316 | 316 | | organization governed by the provisions of title 19 or any other credit-granting commercial 14 |
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| 317 | 317 | | institution; or respondent under this chapter; or any agent of these shall discriminate in any manner 15 |
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| 318 | 318 | | against any individual because he or she has opposed any practice forbidden by this chapter, or 16 |
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| 319 | 319 | | because he or she has made a charge, testified, or assisted in any manner in any investigation, 17 |
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| 320 | 320 | | proceeding, or hearing under this chapter. 18 |
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| 321 | 321 | | (n) Nothing in this section shall prevent a landlord from proceeding with eviction action 19 |
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| 322 | 322 | | against a tenant who fails to comply with § 34-18-24(7). 20 |
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| 323 | 323 | | 34-37-5. Prevention of unlawful housing practices. 21 |
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| 324 | 324 | | (a) The commission is empowered and directed to prevent any person from violating any 22 |
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| 325 | 325 | | of the provisions of this chapter, provided that before instituting a formal proceeding, it shall 23 |
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| 326 | 326 | | attempt by informal methods of conference, persuasion, and conciliation to induce compliance with 24 |
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| 327 | 327 | | this chapter. 25 |
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| 328 | 328 | | (b) Upon the commission’s own initiative or whenever an aggrieved individual or an 26 |
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| 329 | 329 | | organization chartered for the purpose of or engaged in combating discrimination or racism or of 27 |
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| 330 | 330 | | safeguarding civil liberties, that organization acting on behalf of one or more individuals being 28 |
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| 331 | 331 | | hereinafter referred to as the complainant, makes a charge, in writing, under oath, to the commission 29 |
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| 332 | 332 | | that any person, agency, bureau, corporation, or association, hereinafter referred to as the 30 |
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| 333 | 333 | | respondent, has violated or is violating, to the best of complainant’s knowledge and belief, any of 31 |
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| 334 | 334 | | the provisions of this chapter, and that the alleged discriminatory housing practice has occurred or 32 |
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| 335 | 335 | | terminated within one year of the date of filing, the commission may initiate a preliminary 33 |
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| 336 | 336 | | investigation and if it shall determine after the investigation that it is probable that unlawful housing 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC000175 - Page 10 of 14 |
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| 340 | 340 | | practices have been or are being engaged in, it shall endeavor to eliminate the unlawful housing 1 |
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| 341 | 341 | | practices by informal methods of conference, conciliation, and persuasion. Nothing said or done 2 |
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| 342 | 342 | | during these endeavors may be used as evidence in any subsequent proceeding. If after the 3 |
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| 343 | 343 | | investigation and conference, the commission is satisfied that any unlawful housing practice of the 4 |
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| 344 | 344 | | respondent will be eliminated, it may, with the consent of the complainant, treat the charge as 5 |
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| 345 | 345 | | conciliated, and entry of that disposition shall be made on the records of the commission. If the 6 |
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| 346 | 346 | | commission fails to effect the elimination of the unlawful housing practices and to obtain voluntary 7 |
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| 347 | 347 | | compliance with this chapter, or, if the circumstances warrant, in advance of any preliminary 8 |
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| 348 | 348 | | investigation or endeavors, the commission shall have the power to issue and cause to be served 9 |
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| 349 | 349 | | upon any person or respondent a complaint stating the charges in that respect and containing a 10 |
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| 350 | 350 | | notice of hearing before the commission, a member thereof, or a hearing examiner at a place therein 11 |
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| 351 | 351 | | fixed to be held not less than ten (10) days after the service of the complaint. 12 |
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| 352 | 352 | | (c) The commission, member thereof, or hearing examiner conducting the hearing shall 13 |
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| 353 | 353 | | have the power reasonably and fairly to amend any written complaint at any time prior to the 14 |
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| 354 | 354 | | issuance of an order based thereon. The respondent shall have like power to amend its answer to 15 |
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| 355 | 355 | | the original or amended complaint at any time prior to the issuance of the order. The commissioner 16 |
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| 356 | 356 | | assigned to the preliminary hearing of any charge shall take no part in the final hearing except as a 17 |
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| 357 | 357 | | witness upon competent matters and will have no part in the determination or decision of the case 18 |
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| 358 | 358 | | after hearing. 19 |
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| 359 | 359 | | (d) The respondent shall have the right to file an answer to the complaint and shall appear 20 |
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| 360 | 360 | | at the hearing in person or otherwise with or without counsel to present evidence and to examine 21 |
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| 361 | 361 | | and cross-examine witnesses. 22 |
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| 362 | 362 | | (e) In any proceeding, the commission, its member, or its agent shall not be bound by the 23 |
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| 363 | 363 | | rules of evidence prevailing in the courts. 24 |
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| 364 | 364 | | (f) The commission shall in ascertaining the practices followed by the respondent take into 25 |
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| 365 | 365 | | account all evidence, statistical or otherwise, that may tend to prove the existence of a 26 |
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| 366 | 366 | | predetermined pattern of discrimination in housing. 27 |
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| 367 | 367 | | (g) The testimony taken at the hearing shall be under oath and shall be reduced to writing 28 |
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| 368 | 368 | | and filed with the commission. Thereafter, in its discretion, the commission upon notice may take 29 |
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| 369 | 369 | | further testimony or hear argument. 30 |
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| 370 | 370 | | (h)(1) If upon all the testimony taken the commission shall determine that the respondent 31 |
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| 371 | 371 | | has engaged in or is engaging in unlawful housing practices, the commission shall state its findings 32 |
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| 372 | 372 | | of fact and shall issue and cause to be served on the respondent an order requiring the respondent 33 |
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| 373 | 373 | | to cease and desist from the unlawful housing practices, and to take further affirmative or other 34 |
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| 374 | 374 | | |
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| 375 | 375 | | |
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| 376 | 376 | | LC000175 - Page 11 of 14 |
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| 377 | 377 | | action as will effectuate the purposes of this chapter. 1 |
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| 378 | 378 | | (2) The commission may also order the respondent to pay the complainant damages 2 |
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| 379 | 379 | | sustained thereby; costs, including reasonable attorney’s fees incurred at any time in connection 3 |
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| 380 | 380 | | with the commission of the unlawful act, and civil penalties, any amounts awarded to be deposited 4 |
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| 381 | 381 | | in the state treasury. The civil penalty shall be (i) An amount not exceeding ten thousand dollars 5 |
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| 382 | 382 | | ($10,000) if the respondent has not been adjudged to have committed any prior discriminatory 6 |
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| 383 | 383 | | housing practice; (ii) In an amount not exceeding twenty-five thousand dollars ($25,000) if the 7 |
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| 384 | 384 | | respondent has been adjudged to have committed one other discriminatory housing practice during 8 |
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| 385 | 385 | | the five-year (5) period ending on the date of filing this charge; and (iii) In an amount not exceeding 9 |
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| 386 | 386 | | fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or 10 |
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| 387 | 387 | | more discriminatory housing practices during the seven-year (7) period ending on the date of the 11 |
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| 388 | 388 | | filing of this charge; except that if the acts constituting the discriminatory housing practice that is 12 |
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| 389 | 389 | | the object of the charge are committed by the same natural person who has been previously 13 |
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| 390 | 390 | | adjudged to have committed acts constituting a discriminatory housing practice, then the civil 14 |
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| 391 | 391 | | penalties set forth in (ii) and (iii) may be imposed without regard to the period of time within which 15 |
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| 392 | 392 | | any subsequent discriminatory housing practice occurred. When determining the amount of civil 16 |
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| 393 | 393 | | penalties, the commission shall consider as a mitigating factor whether the respondent has acted in 17 |
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| 394 | 394 | | good faith and whether the respondent has actively engaged in regular antidiscrimination 18 |
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| 395 | 395 | | educational programs. Provided that no order shall affect any contract, sale, encumbrance, or lease 19 |
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| 396 | 396 | | consummated before the issuance of the order and involving a bona fide purchaser, encumbrancer, 20 |
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| 397 | 397 | | or tenant without actual notice of the charge filed under this title. 21 |
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| 398 | 398 | | (i) If the commission shall find that no probable cause exists for crediting the charges, or, 22 |
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| 399 | 399 | | if upon all the evidence, it shall find that a respondent has not engaged in unfair housing practices, 23 |
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| 400 | 400 | | the commission shall state its findings of fact and shall issue and cause to be served on the 24 |
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| 401 | 401 | | complainant an order dismissing the complaint as to the respondent. A copy of the order shall be 25 |
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| 402 | 402 | | delivered in all cases to the attorney general and such other public officers as the commission deems 26 |
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| 403 | 403 | | proper. 27 |
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| 404 | 404 | | (j) Until a transcript of the record in a case shall be filed in a court as provided in subsection 28 |
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| 405 | 405 | | (m), the commission may at any time, upon reasonable notice, and in such manner as it shall deem 29 |
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| 406 | 406 | | proper, modify or set aside, in whole or in part, any of its findings or orders. 30 |
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| 407 | 407 | | (k) Until such time as a hearing is convened pursuant to this section, no publicity shall be 31 |
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| 408 | 408 | | given to any proceedings before the commission, either by the commission or any employee 32 |
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| 409 | 409 | | thereof, the complainant, or the respondent, except that in the event of a conciliation agreement the 33 |
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| 410 | 410 | | agreement shall be made public unless the complainant and respondent otherwise agree and the 34 |
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| 411 | 411 | | |
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| 412 | 412 | | |
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| 413 | 413 | | LC000175 - Page 12 of 14 |
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| 414 | 414 | | commission determines that disclosure is not required to further the purposes of this chapter. After 1 |
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| 415 | 415 | | the complaint issues and before an order issues, the commission shall not initiate any public notice 2 |
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| 416 | 416 | | of any charge or complaint before the commission, however, the commission may respond to 3 |
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| 417 | 417 | | inquiries about the status of a complaint. 4 |
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| 418 | 418 | | (l) A complainant may seek a right to sue in state court if not less than one hundred and 5 |
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| 419 | 419 | | twenty (120) days and not more than two (2) years have elapsed from the date of filing of a charge, 6 |
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| 420 | 420 | | if the commission has been unable to secure a settlement agreement or conciliation agreement and 7 |
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| 421 | 421 | | if the commission has not commenced hearing on a complaint. The commission shall grant the right 8 |
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| 422 | 422 | | to sue within thirty (30) days after receipt of the request. This shall terminate all proceedings before 9 |
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| 423 | 423 | | the commission and shall give to the complainant the right to commence suit in the superior court 10 |
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| 424 | 424 | | within any county as provided in § 28-5-28 within ninety (90) days after the granting of the request. 11 |
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| 425 | 425 | | Any party may claim a trial by jury. The superior court may make orders consistent with subsection 12 |
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| 426 | 426 | | (h) and may also award punitive damages and such other damages as the court deems just and 13 |
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| 427 | 427 | | proper. 14 |
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| 428 | 428 | | (m)(1) The commission is further empowered to file a complaint in the superior court in 15 |
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| 429 | 429 | | any county in which the unlawful housing practice allegedly occurs, or has occurred, or in which a 16 |
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| 430 | 430 | | defendant resides or maintains a business office, or in Providence County, seeking injunctive relief, 17 |
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| 431 | 431 | | including a temporary restraining order, against the defendant. 18 |
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| 432 | 432 | | (2) No preliminary injunction shall be effective for more than thirty (30) days; provided 19 |
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| 433 | 433 | | that, if the defendant has sought judicial review of an order of the commission issued pursuant to 20 |
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| 434 | 434 | | this section, or if the commission has sought a decree of the court for the enforcement of the order, 21 |
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| 435 | 435 | | the preliminary injunction shall remain in full force and effect until such time as the judicial review 22 |
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| 436 | 436 | | or the commission’s petition for the decree of enforcement is finally heard and determined. 23 |
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| 437 | 437 | | (3) In any proceeding under this subsection, the commission may, if the prayer of the 24 |
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| 438 | 438 | | original or amended complaint so requests, proceed at the proper time to obtain the relief provided 25 |
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| 439 | 439 | | in § 34-37-6. 26 |
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| 440 | 440 | | (4) The application by the commission for injunctive relief shall not prevent the 27 |
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| 441 | 441 | | commission from continuing to prosecute the proceeding before it out of which the application 28 |
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| 442 | 442 | | arises. 29 |
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| 443 | 443 | | (5) Whenever a complaint shall be filed under the provisions of this subsection, the state 30 |
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| 444 | 444 | | shall be liable, in an action brought against it, for the payment of such costs and damages as may 31 |
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| 445 | 445 | | have been incurred or suffered by the defendant should final judgment be entered upon the 32 |
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| 446 | 446 | | complaint in favor of the defendant, or should the commission, having been denied temporary relief 33 |
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| 447 | 447 | | after the entry of a restraining order, fail to prosecute the matter further, or should the commission, 34 |
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| 448 | 448 | | |
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| 449 | 449 | | |
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| 450 | 450 | | LC000175 - Page 13 of 14 |
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| 451 | 451 | | having been granted temporary relief, fail to prosecute the matter further, unless, in the latter two 1 |
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| 452 | 452 | | (2) instances, failure to prosecute is caused by the making of an agreed settlement of any kind with 2 |
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| 453 | 453 | | the defendant, including a conciliation agreement. 3 |
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| 454 | 454 | | (6) All proceedings taken pursuant to the provisions of this section shall take precedence 4 |
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| 455 | 455 | | over all other civil matters then pending before the court. 5 |
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| 456 | 456 | | (n) The complainant or the respondent may elect, within twenty (20) days after receipt of 6 |
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| 457 | 457 | | a finding of probable cause, to terminate by written notice to the commission all proceedings before 7 |
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| 458 | 458 | | the commission and have the case heard in the superior court. In the event of an election to terminate 8 |
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| 459 | 459 | | the proceedings, the commission shall issue a right to sue notice to the complainant with a copy of 9 |
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| 460 | 460 | | the notice sent to all parties. 10 |
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| 461 | 461 | | (1) The complainant shall have the right to commence suit in the superior court within any 11 |
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| 462 | 462 | | county as provided in § 28-5-28 within ninety (90) days of the date of the right to sue notice. Either 12 |
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| 463 | 463 | | party may claim a trial by jury in the superior court. 13 |
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| 464 | 464 | | (2) Notwithstanding the termination of proceedings before the commission upon the 14 |
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| 465 | 465 | | granting of the right to sue notice, the parties may agree to have the commission seek to conciliate 15 |
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| 466 | 466 | | or mediate settlement of the case within the ninety-day (90) period in which the complainant has 16 |
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| 467 | 467 | | the right to commence suit in superior court. 17 |
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| 468 | 468 | | (o) If an election is made under subsection (n): 18 |
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| 469 | 469 | | (1) The complainant, the commission, or the attorney general may commence a civil action 19 |
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| 470 | 470 | | on behalf of the aggrieved person in the superior court within any county as provided in § 28-5-28 20 |
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| 471 | 471 | | within ninety (90) days of the date of the right to sue notice under subsection (n); 21 |
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| 472 | 472 | | (2) Any party may claim a trial by jury. Any aggrieved person with respect to the issues to 22 |
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| 473 | 473 | | be determined in a civil action under this subsection may intervene as of right in that civil action; 23 |
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| 474 | 474 | | (3) The superior court may make orders consistent with subsection (h) and may also award 24 |
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| 475 | 475 | | punitive damages and such damages as the court deems just and proper; provided, that the court 25 |
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| 476 | 476 | | shall not enter a consent order, dismissal stipulation, or judgment settling claims of discrimination 26 |
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| 477 | 477 | | in an action or proceeding under this chapter, unless the parties and their counsel attest that a waiver 27 |
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| 478 | 478 | | of all or substantially all attorneys’ fees was not compelled as a condition of the settlement. 28 |
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| 479 | 479 | | SECTION 2. This act shall take effect upon passage. 29 |
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| 480 | 480 | | ======== |
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| 481 | 481 | | LC000175 |
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| 482 | 482 | | ======== |
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| 483 | 483 | | |
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| 484 | 484 | | |
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| 485 | 485 | | LC000175 - Page 14 of 14 |
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| 486 | 486 | | EXPLANATION |
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| 487 | 487 | | BY THE LEGISLATIVE COUNCIL |
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| 488 | 488 | | OF |
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| 489 | 489 | | A N A C T |
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| 490 | 490 | | RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICE ACT |
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| 491 | 491 | | *** |
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| 492 | 492 | | This act would amend the Rhode Island Fair Housing Practices Act to define "assistance 1 |
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| 493 | 493 | | animal" and clarify existing protections for persons with such animals consistent with the federal 2 |
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| 494 | 494 | | Fair Housing Act, clarify the ability of the Rhode Island Commission for Human Rights to accept, 3 |
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| 495 | 495 | | investigate, and decide cases alleging discrimination on the basis of "housing status," make 4 |
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| 496 | 496 | | unlawful the issuance of discriminatory notices or statements related to the sale, rental or leasing 5 |
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| 497 | 497 | | of housing, and delete a provision in current law prohibiting parties from discussing their fair 6 |
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| 498 | 498 | | housing cases publicly. 7 |
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| 499 | 499 | | This act would take effect upon passage. 8 |
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| 500 | 500 | | ======== |
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| 501 | 501 | | LC000175 |
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| 502 | 502 | | ======== |
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| 503 | 503 | | |
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