2012 -- S 2052 SUBSTITUTE A

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LC00059/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PROPERTY - RHODE ISLAND FAIR HOUSING PRACTICES ACT

     Introduced By: Senators Tassoni, Lynch, Jabour, Doyle, and DeVall

     Date Introduced: January 11, 2012

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 34 of the General Laws entitled "Property" is hereby amended by

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adding thereto the following chapter:

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     CHAPTER 37.1

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HOMELESS BILL OF RIGHTS

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     34-37.1-1. Short title. – This chapter shall be known and may be cited as the “Homeless

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Bill of Rights.”

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     34-37.1-2. Legislative intent. – (1) At the present time, many persons have been

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rendered homeless as a result of economic hardship, a severe shortage of safe, affordable housing,

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and a shrinking social safety net.

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     (2) Article 1, Section 2 of the Rhode Island State Constitution states in part, that “All free

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governments are instituted for the protection, safety, and happiness of the people. All laws,

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therefore, should be made for the good of the whole; and the burdens of the state ought to be

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fairly distributed among its citizens. No person shall be deprived of life, liberty or property

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without due process of law, nor shall any person be denied equal protection of the laws.”

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     (3) Concordant with this fundamental belief, no person should suffer unnecessarily or be

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subject to unfair discrimination based on his or her homeless status. It is the intent of this chapter

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to ameliorate the adverse effects visited upon individuals and our communities when the state’s

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residents lack a home.

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     34-37.1-3. Bill of Rights. – No person’s rights, privileges, or access to public services

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may be denied or abridged solely because he or she is homeless. Such a person shall be granted

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the same rights and privileges as any other resident of this state. A person experiencing

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homelessness:

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     (1) Has the right to use and move freely in public spaces, including, but not limited to,

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public sidewalks, public parks, public transportation and public buildings, in the same manner as

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any other person, and without discrimination on the basis of his or her housing status;

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     (2) Has the right to equal treatment by all law enforcement agencies, without

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discrimination on the basis of housing status, including the right to be free from searches or

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detention based upon his or her actual or perceived housing status;

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     (3) Has the right not to face discrimination while seeking or maintaining employment due

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to his or her lack of permanent mailing address, or his or her mailing address being that of a

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shelter or social service provider;

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     (4) Has the right not to be subject to criminal sanctions for resting or sleeping in a public

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place in a non-obstructive manner when there is no available and accessible shelter space;

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     (5) Has the right to emergency medical care free from discrimination based on his or her

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housing status;

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     (6) Has the right to vote, register to vote, and receive documentation necessary to prove

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identity for voting without discrimination due to his or her housing status;

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     (7) Has the right to protection from disclosure to law enforcement agencies without

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appropriate legal authority his or her records and information provided to homeless shelters and

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service providers; and the right to confidentiality of personal records and information in

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accordance with all limitations on disclosure established by the Federal Homeless Management

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Information Systems, the Federal Health Insurance Portability and Accountability Act, and the

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Federal Violence Against Women Act; and

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     (8) Has the right to a reasonable expectation of privacy in his or her personal property to

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the same extent as personal property in a permanent residence.

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     34-37.1-4. Damages and attorneys’ fees. – In any civil action alleging a violation of this

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chapter, the court may award appropriate injunctive and declaratory relief, actual damages, and

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reasonable attorneys’ fees and costs to a prevailing plaintiff.

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     34-37.1-5. Definitions. – For purposes of this chapter, “housing status” shall have the

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same meaning as that contained in section 34-37-3.

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     SECTION 2. Sections 34-37-1 and 34-37-3 of the General Laws in Chapter 34-37

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entitled "Rhode Island Fair Housing Practices Act" are hereby amended to read as follows:

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     34-37-1. Finding and declaration of policy. -- (a) In the State of Rhode Island and

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Providence Plantations, hereinafter referred to as the state, many people are denied equal

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opportunity in obtaining housing accommodations and are forced to live in circumscribed areas

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because of discriminatory housing practices based upon race, color, religion, sex, sexual

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orientation, gender identity or expression, marital status, country of ancestral origin, disability,

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age, familial status, or on the basis that a tenant or applicant, or a member of the household, is or

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has been, or is threatened with being, the victim of domestic abuse, or that the tenant or applicant

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has obtained, or sought, or is seeking, relief from any court in the form of a restraining order for

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protection from domestic abuse. These practices tend unjustly to condemn large groups of

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inhabitants to dwell in segregated districts or under depressed living conditions in crowded,

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unsanitary, substandard, and unhealthful accommodations. These conditions breed intergroup

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tension as well as vice, disease, juvenile delinquency, and crime; increase the fire hazard;

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endanger the public health; jeopardize the public safety, general welfare and good order of the

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entire state; and impose substantial burdens on the public revenues for the abatement and relief of

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conditions so created. These discriminatory and segregative housing practices are inimical to and

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subvert the basic principles upon which the colony of Rhode Island and Providence Plantations

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was founded and upon which the state and the United States were later established.

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Discrimination and segregation in housing tend to result in segregation in our public schools and

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other public facilities, which is contrary to the policy of the state and the constitution of the

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United States. Further, discrimination and segregation in housing adversely affect urban renewal

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programs and the growth, progress, and prosperity of the state. In order to aid in the correction of

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these evils, it is necessary to safeguard the right of all individuals to equal opportunity in

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obtaining housing accommodations free of discrimination.

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      (b) It is hereby declared to be the policy of the state to assure to all individuals regardless

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of race, color, religion, sex, sexual orientation, gender identity or expression, marital status,

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country of ancestral origin, or disability, age, familial status, housing status, or those tenants or

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applicants, or members of a household, who are, or have been, or are threatened with being, the

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victims of domestic abuse, or those tenants or applicants who have obtained, or sought, or are

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seeking, relief from any court in the form of a restraining order for protection from domestic

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abuse, equal opportunity to live in decent, safe, sanitary, and healthful accommodations anywhere

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within the state in order that the peace, health, safety, and general welfare of all the inhabitants of

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the state may be protected and insured.

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      (c) The practice of discrimination in rental housing based on the potential or actual

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tenancy of a person with a minor child, or on the basis that a tenant or applicant, or a member of

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the household, is or has been or is threatened with being, the victim of domestic abuse, or that the

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tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a

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restraining order for protection from domestic abuse is declared to be against public policy.

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      (d) This chapter shall be deemed an exercise of the police power of the state for the

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protection of the public welfare, prosperity, health, and peace of the people of the state.

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      (e) Nothing in this section shall prevent a landlord from proceeding with eviction action

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against a tenant who fails to comply with section 34-18-24(7).

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     34-37-3. Definitions. -- When used in this chapter:

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      (1) "Age" means anyone over the age of eighteen (18).

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      (2) "Commission" means the Rhode Island commission for human rights created by

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section 28-5-8.

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      (3) "Disability" means a disability as defined in section 42-87-1.

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      Provided further that the term "disability" does not include current, illegal use of or

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addiction to a controlled substance, as defined in 21 U.S.C. section 802.

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      (4) "Discriminate" includes segregate, separate, or otherwise differentiate between or

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among individuals because of race, color, religion, sex, sexual orientation, gender identity or

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expression, marital status, country of ancestral origin, disability, age, housing status, or familial

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status or because of the race, color, religion, sex, sexual orientation, gender identity or expression,

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marital status, country of ancestral origin, disability, age, housing status, or familial status of any

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person with whom they are or may wish to be associated.

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      (5) The term "domestic abuse" for the purposes of this chapter shall have the same

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meaning as that set forth in section 15-15-1, and include all forms of domestic violence as set

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forth in section 12-29-2, except that the domestic abuse need not involve a minor or parties with

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minor children.

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      (6) (i) "Familial status" means one or more individuals who have not attained the age of

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eighteen (18) years being domiciled with:

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      (A) A parent or another person having legal custody of the individual or individuals; or

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      (B) The designee of the parent or other person having the custody, with the written

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permission of the parent or other person provided that if the individual is not a relative or legal

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dependent of the designee, that the individual shall have been domiciled with the designee for at

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least six (6) months.

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      (ii) The protections afforded against discrimination on the basis of familial status shall

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apply to any person who is pregnant or is in the process of securing legal custody of any

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individual who has not attained the age of eighteen (18) years.

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      (7) The terms, as used regarding persons with disabilities, "auxiliary aids and services,"

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"reasonable accommodation," and "reasonable modifications" have the same meaning as those

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terms are defined in section 42-87-1.1.

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      (8) The term "gender identity or expression" includes a person's actual or perceived

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gender, as well as a person's gender identity, gender-related self image, gender-related

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appearance, or gender-related expression; whether or not that gender identity, gender-related self

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image, gender-related appearance, or gender-related expression is different from that traditionally

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associated with the person's sex at birth.

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      (9) "Housing accommodation" includes any building or structure or portion of any

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building or structure, or any parcel of land, developed or undeveloped, which is occupied or is

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intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or

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residence of one or more persons.

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      (10) "Otherwise qualified" includes any person with a disability who with respect to the

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rental of property, personally or with assistance arranged by the person with a disability, is

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capable of performing all the responsibilities of a tenant as contained in section 34-18-24.

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      (11) "Owner" includes any person having the right to sell, rent, lease, or manage a

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housing accommodation.

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      (12) "Person" includes one or more individuals, partnerships, associations, organizations,

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corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers,

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legal representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons

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as defined in chapter 20.5 of title 5.

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      (13) "Senior citizen" means a person sixty-two (62) years of age or older.

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      (14) The term "sexual orientation" means having or being perceived as having an

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orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to

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describe the status of persons and does not render lawful any conduct prohibited by the criminal

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laws of this state nor impose any duty on a religious organization. This definition does not confer

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legislative approval of said status, but is intended to assure the basic human rights of persons to

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hold and convey property and to give and obtain credit, regardless of such status.

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      (15) The term "victim" means a family or household member and all other persons

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contained within the definition of those terms as defined in section 12-29-2.

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     (16) The term “housing status” means the status of having or not having a fixed or regular

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residence, including the status of living on the streets or in a homeless shelter or similar

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temporary residence.

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SECTION 3. This act shall take effect upon passage.

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LC00059/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY - RHODE ISLAND FAIR HOUSING PRACTICES ACT

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     This act would create a Homeless Bill of rights in order to provide all residents with an

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equal opportunity to live in decent, safe and sanitary accommodations regardless of housing

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status.

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     This act would take effect upon passage.

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LC00059/SUB A

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