2016 -- S 2706

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LC004871

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO PROPERTY - FAIR HOUSING PRACTICES

     Introduced By: Senators Metts, Crowley, Jabour, Ciccone, and Pichardo

     Date Introduced: March 08, 2016

     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 and 34-37-5.4 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, lawful source of income, military status

as a veteran with an honorable discharge or an honorable or general administrative discharge,

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,

lawful source of income, military status as a veteran with an honorable discharge or an honorable

or general administrative discharge, 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

ensured.

      (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 § 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 regardless of race, color, religion, sex,

sexual orientation, gender identity or expression, marital status, lawful source of income, military

status as a veteran with an honorable discharge or an honorable or general administrative

discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial

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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 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 § 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.

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

28-5-8.

      (4) "Disability" means a disability as defined in § 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. § 802.

      (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, lawful source of income, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, 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,

lawful source of income, military status as a veteran with an honorable discharge or an honorable

or general administrative discharge, 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.

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

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

12-29-2, except that the domestic abuse need not involve a minor or parties with minor children.

      (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

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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

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

      (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 § 42-87-1.1.

      (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.

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

building or structure, or any parcel of land, developed or undeveloped, that 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.

      (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 § 34-18-24.

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

housing accommodation.

      (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.

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

      (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 ensure the basic human rights of persons to

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

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

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

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      (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.

     (18) The term "lawful source of income" means being the recipient of federal, state or

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

housing subsidies, including Section 8, and other rental assistance or rental supplements, or who

is subject to the requirements of any public assistance, rental assistance or housing subsidy

program.

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

lease, or manage a housing accommodation as defined in § 34-37-3(12), 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, lawful source of income, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, 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; 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, lawful source of income, military status as a veteran with an

honorable discharge or an honorable or general administrative discharge, 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, lawful

source of income, military status as a veteran with an honorable discharge or an honorable or

general administrative discharge, 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 § 34-37-3(12), or an agent of any of these, directly or

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

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

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

lawful source of income, military status as a veteran with an honorable discharge or an honorable

or general administrative discharge, 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, lawful source of income, military status as a veteran with an

honorable discharge or an honorable or general administrative discharge, 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, lawful source of income, military status as a veteran

with an honorable discharge or an honorable or general administrative discharge, 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

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expression, marital status, lawful source of income, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, 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

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

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

status, lawful source of income, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, 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, lawful source of income, military status as a veteran with an

honorable discharge or an honorable or general administrative discharge, 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 that do not discriminate on the basis

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

lawful source of income, military status as a veteran with an honorable discharge or an honorable

or general administrative discharge, 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

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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 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

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 § 34-18-

19(a) but will be subject to § 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;

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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 that

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 that 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 § 34-37-3(13); 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

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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 § 34-18-24(7).

     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, lawful source of income, military status as a veteran with an honorable discharge

or an honorable or general administrative discharge, 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 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 that 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, lawful source

of income, military status as a veteran with an honorable discharge or an honorable or general

administrative discharge, 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, lawful

source of income, military status as a veteran with an honorable discharge or an honorable or

general administrative discharge, servicemember in the armed forces, country of ancestral origin,

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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,

lawful source of income, military status as a veteran with an honorable discharge or an honorable

or general administrative discharge, 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,

marital status, lawful source of income, military status as a veteran with an honorable discharge

or an honorable or general administrative discharge, servicemember in the armed forces, country

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

familial status.

     SECTION 2. Chapter 34-37 of the General Laws entitled "Rhode Island Fair Housing

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

     34-37-2.5. Right to equal housing opportunities -- Lawful source of income. --

Whenever in this chapter there shall appear the words "marital status" there shall be

inserted immediately thereafter the words "lawful source of income."

     34-37-4.6. Discrimination based on lawful source of income - Exemption. -- Nothing

in this title shall prohibit an owner of a housing accommodation from refusing to rent to a person

based on their lawful source of income if the housing accommodation is three (3) units or less,

one of which is occupied by the owner.

     SECTION 3. 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 - FAIR HOUSING PRACTICES

***

     This act would prohibit discrimination in housing against those persons who have a

lawful source of income.

     This act would take effect upon passage.

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