2012 -- S 2338

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LC01080

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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 Metts, Pichardo, Jabour, Crowley, and Miller

     Date Introduced: February 07, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 34-37 of the General Laws entitled "Rhode Island Fair Housing

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Practices Act" is hereby amended by adding thereto the following sections:

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     34-37-2.5. Right to equal housing opportunities -- Government assistance recipient

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status. – Whenever in this chapter there shall appear the words “marital status” there shall be

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inserted immediately thereafter the words “government assistance recipient status.”

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     34-37-2.6. Discrimination based on government assistance recipient status --

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Exemption. – Nothing in this title shall prohibit an owner of a housing accommodation from

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refusing to rent to a person based on his or her government assistance recipient status if the

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housing accommodation is three (3) units or less, one of which is occupied by the owner.

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     SECTION 2. Sections 34-37-1, 34-37-2, 34-37-3, 34-37-4, 34-37-4.3, 34-37-5.2, 34-37-

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5.3 and 34-37-5.4 of the General Laws in Chapter 34-37 entitled "Rhode Island Fair Housing

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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, government assistance recipient status,

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country of ancestral origin, disability, age, familial status, or on the basis that a tenant or

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applicant, or a member of the household, is or has been, or is threatened with being, the victim of

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domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking, relief from

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any court in the form of a restraining order for protection from domestic abuse. These practices

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tend unjustly to condemn large groups of inhabitants to dwell in segregated districts or under

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depressed living conditions in crowded, unsanitary, substandard, and unhealthful

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accommodations. These conditions breed intergroup tension as well as vice, disease, juvenile

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delinquency, and crime; increase the fire hazard; endanger the public health; jeopardize the public

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safety, general welfare and good order of the entire state; and impose substantial burdens on the

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public revenues for the abatement and relief of conditions so created. These discriminatory and

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segregative housing practices are inimical to and subvert the basic principles upon which the

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colony of Rhode Island and Providence Plantations was founded and upon which the state and the

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United States were later established. Discrimination and segregation in housing tend to result in

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segregation in our public schools and other public facilities, which is contrary to the policy of the

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state and the constitution of the United States. Further, discrimination and segregation in housing

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adversely affect urban renewal programs and the growth, progress, and prosperity of the state. In

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order to aid in the correction of these evils, it is necessary to safeguard the right of all individuals

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to equal opportunity in 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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government assistance recipient status, country of ancestral origin, or disability, age, familial

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status, or those tenants or applicants, or members of a household, who are, or have been, or are

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threatened with being, the victims of domestic abuse, or those tenants or applicants who have

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

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protection from domestic abuse, equal opportunity to live in decent, safe, sanitary, and healthful

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accommodations anywhere within the state in order that the peace, health, safety, and general

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welfare of all the inhabitants of 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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     34-37-2. Right to equal housing opportunities -- Civil rights. -- The right of all

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individuals in the state to equal housing opportunities and regardless of race, color, religion, sex,

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sexual orientation, gender identity or expression, marital status, government assistance recipient

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status, country of ancestral origin, disability, age, familial status, or regardless of the fact that a

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tenant or applicant, or a member of the household, is or has been, or is threatened with being, the

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victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking,

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

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hereby recognized as, and declared to be, a civil right. Nothing in this section shall prevent a

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landlord from proceeding with eviction action against a tenant who fails to comply with section

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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. Provided further that the

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term "disability" does not include current, illegal use of or addiction to a controlled substance, as

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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, government assistance recipient status, country of ancestral origin,

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disability, age, or familial status or because of the race, color, religion, sex, sexual orientation,

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gender identity or expression, marital status, government assistance recipient status, country of

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ancestral origin, disability, age or familial status of any person with whom they are or may wish

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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) "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,

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

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

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salespersons 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 “government assistance recipient status” means being the recipient of

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federal, state or local public assistance, including medical assistance, or the recipient of federal,

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state or local housing subsidies, including section 8, and other rental assistance or rental

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supplements, or who is subject to the requirements of any public assistance, rental assistance or

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housing subsidy program.

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     34-37-4. Unlawful housing practices. -- (a) No owner having the right to sell, rent,

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lease, or manage a housing accommodation as defined in section 34-37-3(11), or an agent of any

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of these shall, directly or indirectly, make or cause to be made any written or oral inquiry

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concerning the race, color, religion, sex, sexual orientation, gender identity or expression, marital

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status, government assistance recipient status, country of ancestral origin or disability, age,

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familial status nor make any written or oral inquiry concerning whether a tenant or applicant, or a

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

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abuse, or whether a tenant or applicant has obtained, or sought, or is seeking, relief from any

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court in the form of a restraining order for protection from domestic abuse, of any prospective

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purchaser, occupant, or tenant of the housing accommodation; or shall, directly or indirectly,

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refuse to sell, rent, lease, let, or otherwise deny to or withhold from any individual the housing

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

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expression, marital status, government assistance recipient status, country of ancestral origin,

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disability, age, or familial status of the individual or the race, color, religion, sex, sexual

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orientation, gender identity or expression, marital status, government assistance recipient status,

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country of ancestral origin or disability, age, or familial status of any person with whom the

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individual is or may wish to be associated; or shall, or on the basis that a tenant or applicant, or a

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

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abuse, or that the tenant or applicant has obtained, or sought, or is seeking, relief from any court

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in the form of a restraining order for protection from domestic abuse. Nor shall an owner having

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the right to sell, rent, lease, or manage a housing accommodation as defined in section 34-37-

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3(11), or an agent of any of these, directly or indirectly, issue any advertisement relating to the

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sale, rental, or lease of the housing accommodation which indicates any preference, limitation,

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specification, or discrimination based upon race, color, religion, sex, sexual orientation, gender

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identity or expression, marital status, government assistance recipient status, country of ancestral

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origin, disability, age, familial status, or on the basis that a tenant or applicant, or a member of the

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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, or shall, directly or indirectly, discriminate

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against any individual because of his or her race, color, religion, sex, sexual orientation, gender

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identity or expression, marital status, government assistance recipient status, country of ancestral

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origin, disability, age, familial status, or on the basis that a tenant or applicant, or a member of the

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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, in the terms, conditions, or privileges of the

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sale, rental, or lease of any housing accommodation or in the furnishing of facilities or services in

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connection with it. Nothing in this subsection shall be construed to prohibit any oral or written

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inquiry as to whether the prospective purchaser or tenant is over the age of eighteen (18).

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      (b) No person to whom application is made for a loan or other form of financial

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assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing

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accommodation, whether secured or unsecured shall directly or indirectly make or cause to be

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made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation,

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gender identity or expression, marital status, government assistance recipient status, country of

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ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether

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a tenant or applicant, or a member of the household, is or has been, or is threatened with being,

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the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is

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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, of any individual seeking the financial assistance, or of existing or prospective occupants

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or tenants of the housing accommodation; nor shall any person to whom the application is made

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in the manner provided, directly or indirectly, discriminate in the terms, conditions, or privileges

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relating to the obtaining or use of any financial assistance against any applicant because of the

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

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government assistance recipient status, country of ancestral origin, disability, age, familial status,

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or on the basis that a tenant or applicant, or a member of the household, is or has been, or is

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

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

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from domestic abuse, of the applicant or of the existing or prospective occupants or tenants.

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Nothing in this subsection shall be construed to prohibit any written or oral inquiry as to whether

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the applicant is over the age of eighteen (18).

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      (c) Nothing in this section contained shall be construed in any manner to prohibit or limit

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the exercise of the privilege of every person and the agent of any person having the right to sell,

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rent, lease, or manage a housing accommodation to establish standards and preferences and set

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terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or

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in the furnishing of facilities or services in connection therewith which do not discriminate on the

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

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status, government assistance recipient status, country of ancestral origin, disability, age, familial

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status, or on the basis that a tenant or applicant, or a member of the household, is or has been, or

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

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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, of any prospective purchaser, lessee, tenant, or occupant thereof

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or on the race, color, religion, sex, sexual orientation, gender identity or expression, marital

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status, government assistance recipient status, country of ancestral origin, disability, age, or

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familial status of any person with whom the prospective purchaser, lessee, tenant, or occupant is

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or may wish to be associated. Nothing contained in this section shall be construed in any manner

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to prohibit or limit the exercise of the privilege of every person and the agent of any person

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making loans for or offering financial assistance in the acquisition, construction, rehabilitation,

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repair, or maintenance of housing accommodations to set standards and preferences, terms,

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conditions, limitations, or specifications for the granting of loans or financial assistance which do

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not discriminate on the basis of the race, color, religion, sex, sexual orientation, gender identity or

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expression, marital status, government assistance recipient status, country of ancestral origin,

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

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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, of the applicant for the loan or financial

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assistance or of any existing or prospective owner, lessee, tenant, or occupant of the housing

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accommodation.

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      (d) An owner may not refuse to allow a person with a disability to make, at his or her

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expense, reasonable modifications of existing premises occupied or to be occupied by the person

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if the modifications may be necessary to afford the person full enjoyment of the premises, except

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that, in the case of a rental, the owner may where it is reasonable to do so condition permission

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for a modification on the renter agreeing to restore the interior of the premises to the condition

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that existed before the modification, reasonable wear and tear excepted. Where it is necessary in

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order to ensure with reasonable certainty that funds will be available to pay for the restorations at

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the end of the tenancy, the landlord may negotiate as part of the restoration agreement a provision

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requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a

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reasonable amount of money not to exceed the cost of the restorations. The interest in the account

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shall accrue to the benefit of the tenant. The restoration deposition shall be exempt from section

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34-18-19(a) but will be subject to section 34-18-19(b) -- (f).

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      (e) (1) An owner may not refuse to make reasonable accommodations in rules, policies,

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practices, or services, when those accommodations may be necessary to afford an occupant with a

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disability equal opportunity to use and enjoy a dwelling.

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      (2) Every person with a disability who has a guide dog or other personal assistive

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animal, or who obtains a guide dog or other personal assistive animal, shall be entitled to full and

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equal access to all housing accommodations provided for in this section, and shall not be required

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to pay extra compensation for the guide dog or other personal assistive animal, but shall be liable

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for any damage done to the premises by a guide dog or other personal assistive animal. For the

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purposes of this subsection a "personal assistive animal" is an animal specifically trained by a

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certified animal training program to assist a person with a disability to perform independent living

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tasks.

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      (f) Any housing accommodation of four (4) units or more constructed for first occupancy

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after March 13, 1991 shall be designed and constructed in such a manner that:

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      (1) The public use and common use portions of the dwellings are readily accessible to

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and usable by persons with disabilities;

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      (2) All the doors designed to allow passage into and within all premises within the

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dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs;

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      (3) All premises within the dwellings contain the following features of adaptive design:

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      (i) Accessible route into and through the dwelling;

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      (ii) Light switches, electrical outlets, thermostats, and other environmental controls in

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accessible locations;

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      (iii) Reinforcements in bathroom walls to allow later installation of grab bars; and

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      (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver

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about the space. To the extent that any state or local building codes, statutes or ordinances are

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inconsistent with this section, they are hereby repealed. The state building code standards

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committee is hereby directed to adopt rules and regulations consistent with this section as soon as

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possible, but no later than September 30, 1990.

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      (g) Compliance with the appropriate requirements of the State Building Code 14

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"accessibility for individuals with disabilities for residential use groups" suffices to satisfy the

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requirements of subsection (f).

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      (h) As used in subsection (f), the term "housing accommodation of four (4) units or

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more" means:

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      (1) Buildings consisting of four (4) or more units if those buildings have one or more

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elevators; and

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      (2) Ground floor units in other buildings consisting of four (4) or more units;

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      (i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation

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which requires a greater degree of accessibility to persons with disabilities.

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      (j) Nothing in this section requires that a dwelling be made available to an individual

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whose tenancy would constitute a direct threat to the health or safety of other individuals or

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whose tenancy would result in substantial physical damage to the property of others.

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      (k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee,

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sublessee, or assignee from advertising or selecting a person of the same or opposite gender to

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rent, lease, or share the housing unit which the owner, lessee, sublessee, or assignee will occupy

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with the person selected.

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      (l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by

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this section to be an unlawful housing practice, or obstruct or prevent any person from complying

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with the provisions of this chapter or any order issued thereunder, or attempt directly or indirectly

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to commit any act declared by this section to be an unlawful housing practice.

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      (m) No owner, person defined in section 34-37-3(12), person to whom application is

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made for a loan or other form of financial assistance for the acquisition, construction,

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rehabilitation, repair, or maintenance of any housing accommodation, whether secured or

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unsecured, no financial organization governed by the provisions of title 19 or any other credit

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granting commercial institution, or respondent under this chapter or any agent of these shall

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discriminate in any manner against any individual because he or she has opposed any practice

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forbidden by this chapter, or because he or she has made a charge, testified, or assisted in any

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manner in any investigation, proceeding, or hearing under this chapter.

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      (n) 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)(n).

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     34-37-4.3. Discrimination in granting credit or loans prohibited. -- No financial

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organization governed by the provisions of title 19 or any other credit granting commercial

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institution may discriminate in the granting or extension of any form of loan or credit, or the

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privilege or capacity to obtain any form of loan or credit, on the basis of the applicant's sex,

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marital status, government assistance recipient status, race or color, religion or country of

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ancestral origin, disability or age or familial status, sexual orientation, or gender identity or

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expression, and the form of loan and credit shall not be limited to those concerned with housing

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accommodations, and the commission shall prevent any violation hereof in the same manner as it

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is to prevent unlawful housing practices under the provisions of this chapter.

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     34-37-5.2. Discrimination in brokerage services. -- It shall be unlawful to deny any

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person who meets licensing and other non-discriminatory requirements which are also applied to

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other applicants and members access to or membership or participation in any real estate listing

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service, real estate brokers' organization, or other service, organization, or facility relating to the

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business of selling, leasing, or renting a housing accommodation, or to discriminate against him

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or her in the terms or conditions of the access, membership, or participation, on account of race,

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

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assistance recipient status, country of ancestral origin, disability, age, or familial status.

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     34-37-5.3. Fostering of segregated housing prohibited. -- It shall be an unlawful

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discriminatory housing practice to for profit induce or attempt to induce any person to sell or rent

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any dwelling by representations regarding the entry or prospective entry into the neighborhood of

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a person or persons of a particular race, color, religion, marital status, government assistance

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recipient status, country of ancestral origin, sex, sexual orientation, gender identity or expression,

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age, disability, or familial status.

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     34-37-5.4. Discrimination in residential real estate related transactions. -- (a) It shall

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be unlawful for any person or other entity whose business includes engaging in residential real

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estate related transactions to discriminate against any person in making available a transaction, or

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in the terms and conditions of the transaction, because of race, color, religion, marital status,

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government assistance recipient status, country of ancestral origin, sex, sexual orientation, gender

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identity or expression, age, disability, or familial status.

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      (b) As used in this section, the term "residential real estate related transaction" means

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any of the following:

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      (1) The making or purchasing of loans or providing other financial assistance:

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      (i) For purchasing, constructing, improving, repairing, or maintaining a dwelling; or

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      (ii) Secured by residential real estate.

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      (2) The selling, brokering, or appraising of residential real property.

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      (c) Nothing in this chapter prohibits a person engaged in the business of furnishing

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appraisals of real property to take into consideration factors other than race, color, religion,

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

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age, disability, or familial status.

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     SECTION 3. This act shall take effect upon passage.

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LC01080

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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 protect persons who are recipients of government assistance against

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discrimination under the Rhode Island Fair Housing Practices Act.

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     This act would take effect upon passage.

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LC01080

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