2014 -- H 7445

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LC003921

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT

     Introduced By: Representatives Ajello, Craven, Lima, Almeida, and Blazejewski

     Date Introduced: February 12, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-37-4 of the General Laws in Chapter 34-37 entitled "Rhode

Island Fair Housing Practices Act" is hereby amended to read as follows:

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

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

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

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

status, country of ancestral origin or disability, age, familial status nor make any written or oral

inquiry concerning whether a tenant or applicant, or a member of the household, is or has been, or

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

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

protection from domestic abuse, of any prospective purchaser, occupant, or tenant of the housing

accommodation; or shall, directly or indirectly, refuse to sell, rent, lease, let, or otherwise deny to

or withhold from any individual the housing accommodation because of the race, color, religion,

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

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

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

age, or familial status of any person with whom the individual is or may wish to be associated; or

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

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

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

from domestic abuse. Nor shall an owner having the right to sell, rent, lease, or manage a housing

accommodation as defined in section 34-37-3(11), or an agent of any of these, directly or

indirectly, issue any advertisement relating to the sale, rental, or lease of the housing

accommodation which indicates any preference, limitation, specification, or discrimination based

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

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

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

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

any court in the form of a restraining order for protection from domestic abuse, or shall, directly

or indirectly, discriminate against any individual because of his or her race, color, religion, sex,

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

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

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

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

restraining order for protection from domestic abuse, in the terms, conditions, or privileges of the

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

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

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

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

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

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

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

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

status, or any express written or oral inquiry into whether a tenant or applicant, or a member of

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

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

form of a restraining order for protection from domestic abuse, of any individual seeking the

financial assistance, or of existing or prospective occupants or tenants of the housing

accommodation; nor shall any person to whom the application is made in the manner provided,

directly or indirectly, discriminate in the terms, conditions, or privileges relating to the obtaining

or use of any financial assistance against any applicant because of the race, color, religion, sex,

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

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

restraining order for protection from domestic abuse, of the applicant or of the existing or

prospective occupants or tenants. Nothing in this subsection shall be construed to prohibit any

written or oral inquiry as to whether the applicant is over the age of eighteen (18).

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

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

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

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

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

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

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

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

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

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

prospective purchaser, lessee, tenant, or occupant thereof or on the race, color, religion, sex,

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

disability, age, or familial status of any person with whom the prospective purchaser, lessee,

tenant, or occupant is or may wish to be associated. Nothing contained in this section shall be

construed in any manner to prohibit or limit the exercise of the privilege of every person and the

agent of any person making loans for or offering financial assistance in the acquisition,

construction, rehabilitation, repair, or maintenance of housing accommodations to set standards

and preferences, terms, conditions, limitations, or specifications for the granting of loans or

financial assistance which do not discriminate on the basis of the race, color, religion, sex, sexual

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

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

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

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

protection from domestic abuse, of the applicant for the loan or financial assistance or of any

existing or prospective owner, lessee, tenant, or occupant of the housing accommodation.

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

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

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

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

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

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

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

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

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

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

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

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

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

disability equal opportunity to use and enjoy a dwelling.

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

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

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

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

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

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

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

tasks.

     (ii) Every person with a disability who has a service animal, or who obtains a service

animal, which is necessary to afford that person an equal opportunity to use and enjoy a dwelling

and which does not provide a direct threat to the health or safety of others, shall be entitled to full

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

required to pay extra compensation for the service animal, but shall be liable for any damage

done to the premises by the service animal. For the purposes of this subsection, a "service animal"

is an animal that has been determined necessary to mitigate the effects of a physical or mental

disability by a physician, psychologist, physician's assistant, nurse practitioner, other healthcare

provider, vocational rehabilitation specialist, or licensed social worker.

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

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

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

and usable by persons with disabilities;

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

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:

      (i) Accessible route into and through the dwelling;

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

accessible locations;

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

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

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

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

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

possible, but no later than September 30, 1990.

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

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

requirements of subsection (f).

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

more" means:

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

elevators; and

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

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

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

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

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

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

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

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

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

with the person selected.

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

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

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

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

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

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

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

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

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

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

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

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

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

     SECTION 2. This act shall take effect upon passage.

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LC003921

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT

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     This act would guarantee persons with service animals reasonable access to housing and

would provide greater protection against discrimination.

     This act would take effect upon passage.

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LC003921

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