2015 -- S 0241

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LC001102

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PROPERTY -- THE RHODE ISLAND FAIR HOUSING PRACTICES ACT

     Introduced By: Senators Felag, Ciccone, Pichardo, DiPalma, and Walaska

     Date Introduced: February 11, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

5.3, 34-37-5.4 and 34-37-9 of the General Laws in Chapter 34-37 entitled "Rhode Island Fair

Housing Practices Act" are hereby amended to read as follows:

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

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

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

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

orientation, gender identity or expression, marital status, military status as a veteran with an

honorable or administrative discharge, or servicemember in the Armed Forces, 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. These practices tend

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

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

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

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

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

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

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

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

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

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

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

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

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

to equal opportunity in obtaining housing accommodations free of discrimination.

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

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

military status as a veteran with an honorable or administrative discharge, or servicemember in

the Armed Forces, country of ancestral origin, or disability, age, familial status, housing status, or

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

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

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

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

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

inhabitants of the state may be protected and insured.

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

tenancy of a person with a minor child, 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 is declared to be against public policy.

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

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

      (e) 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).

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

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

sexual orientation, gender identity or expression, marital status, military status as a veteran with

an honorable or administrative discharge, or servicemember in the Armed Forces, country of

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

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in the form of a restraining order for protection from domestic abuse, is hereby recognized as, and

declared to be, a civil right. 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).

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

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

     (2) “Armed forces” means the Army, Navy, Marine Corps, Coast Guard, Merchant

Marines, or Air Force of the United States and the Rhode Island National Guard.

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

section 28-5-8.

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

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

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

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

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

expression, marital status, military status as a veteran with an honorable or administrative

discharge, or servicemember in the Armed Forces, country of ancestral origin, disability, age,

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

gender identity or expression, marital status, military status as a veteran with an honorable or

administrative discharge, or servicemember in the Armed Forces, country of ancestral origin,

disability, age, housing status, or familial status of any person with whom they are or may wish to

be associated.

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

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

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

minor children.

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

of eighteen (18) years being domiciled with:

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

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

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

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

least six (6) months.

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

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.

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

services," "reasonable accommodation," and "reasonable modifications" have the same meaning

as those terms are defined in section 42-87-1.1.

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

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

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

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

associated with the person's sex at birth.

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

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

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

residence of one or more persons.

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

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

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

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

housing accommodation.

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

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

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

salespersons as defined in chapter 20.5 of title 5.

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

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

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

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

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

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

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

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

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

      (16)(17) The term "housing status" means the status of having or not having a fixed or

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

temporary residence.

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     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, military status as a veteran with an honorable or administrative discharge, or

servicemember in the Armed Forces, 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, military

status as a veteran with an honorable or administrative discharge, or servicemember in the Armed

Forces, 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, military

status as a veteran with an honorable or administrative discharge, or servicemember in the Armed

Forces, 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, military status as a veteran with an honorable or

administrative discharge, or servicemember in the Armed Forces, 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, military status as a veteran with an honorable or

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administrative discharge, or servicemember in the Armed Forces, 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, military status as a veteran with an honorable or

administrative discharge, or servicemember in the Armed Forces, 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, military status as a veteran with

an honorable or administrative discharge, or servicemember in the Armed Forces, 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 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

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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, military status as a veteran with an honorable or administrative discharge, or

servicemember in the Armed Forces, 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, military

status as a veteran with an honorable or administrative discharge, or servicemember in the Armed

Forces, 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, military

status as a veteran with an honorable or administrative discharge, or servicemember in the Armed

Forces, 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

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

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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) 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.

      (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;

      (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

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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

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).

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

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

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

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

marital status, military status as a veteran with an honorable or administrative discharge, or

servicemember in the Armed Forces, race or color, religion or country of ancestral origin,

disability or age or familial status, sexual orientation, or gender identity or expression, and the

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

and the commission shall prevent any violation hereof in the same manner as it is to prevent

unlawful housing practices under the provisions of this chapter.

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

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

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

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

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

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

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

status as a veteran with an honorable or administrative discharge, or servicemember in the Armed

Forces, country of ancestral origin, disability, age, or familial status.

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

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

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

a person or persons of a particular race, color, religion, marital status, military status as a veteran

with an honorable or administrative discharge, or servicemember in the Armed Forces, country of

ancestral origin, sex, sexual orientation, gender identity or expression, age, disability, or familial

status.

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

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

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

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

military status as a veteran with an honorable or administrative discharge, or servicemember in

the Armed Forces, country of ancestral origin, sex, sexual orientation, gender identity or

expression, age, disability, or familial status.

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

any of the following:

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

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

      (ii) Secured by residential real estate.

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

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

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

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marital status, military status as a veteran with an honorable or administrative discharge, or

servicemember in the Armed Forces, country of ancestral origin, sex, sexual orientation, gender

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

     34-37-9. Construction. -- The provisions of this chapter shall be construed liberally for

the accomplishment of the purposes intended and any provisions of any law inconsistent with any

provisions hereof shall not apply. Nothing contained in this chapter shall be construed to repeal

any of the provisions of any law of the state prohibiting discrimination based on race or color,

religion, sex, marital status, military status as a veteran with an honorable or administrative

discharge, or servicemember in the Armed Forces, country of ancestral origin, disability, age, or

familial status. Nothing contained in this chapter shall restrict the original jurisdiction of the

courts to proceed with evictions as provided in chapter 18 of this title.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- THE RHODE ISLAND FAIR HOUSING PRACTICES ACT

***

     This act would add military status discrimination as an unlawful housing practice

protecting veterans who have an honorable or administrative discharge or a member of the Armed

Forces of the United States and the Rhode Island National Guard.

     This act would take effect upon passage.

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