2019 -- S 0331

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LC001330

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO PROPERTY -- FAIR HOUSING PRACTICES

     

     Introduced By: Senators Metts, Ciccone, Bell, Crowley, and Quezada

     Date Introduced: February 13, 2019

     Referred To: Senate Judiciary

     (Governor)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 34-37-1, 34-37-2, 34-37-3, 34-37-4 and 34-37-5.3 of the General

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Laws in Chapter 34-37 entitled "Rhode Island Fair Housing Practices Act" are hereby amended to

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read as follows:

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     34-37-1. Finding and declaration of policy.

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     (a) In the State of Rhode Island and Providence Plantations, hereinafter referred to as the

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state, many people are denied equal opportunity in obtaining housing accommodations and are

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forced to live in circumscribed areas because of discriminatory housing practices based upon

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

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

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general administrative discharge, servicemember in the armed forces, 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. These practices tend unjustly to condemn

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large groups of inhabitants to dwell in segregated districts or under depressed living conditions in

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

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

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

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

 

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relief of conditions so created. These discriminatory and segregative housing practices are

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inimical to and subvert the basic principles upon which the colony of Rhode Island and

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Providence Plantations was founded and upon which the state and the United States were later

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established. Discrimination and segregation in housing tend to result in segregation in our public

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

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

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

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

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

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

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origin, or disability, age, familial status, housing status, or those tenants or applicants or members

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of a household who are, or have been, or are threatened with being the victims of domestic abuse,

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or those tenants or applicants who have obtained, or sought, or are seeking relief from any court

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in the form of a restraining order for protection from domestic abuse, equal opportunity to live in

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decent, safe, sanitary, and healthful accommodations anywhere within the state in order that the

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peace, health, safety, and general welfare of all the inhabitants of the state may be protected and

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ensured.

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     (c) The practice of discrimination in rental housing based on the lawful source of income

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of an applicant for tenancy, or the potential or actual tenancy of a person with a minor child, or on

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

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

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

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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 § 34-18-24(7).

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     34-37-2. Right to equal housing opportunities -- Civil rights.

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     The right of all individuals in the state to equal housing opportunities regardless of race,

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

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

 

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

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disability, age, familial status, or regardless of the fact 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 hereby recognized as, and declared to be,

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a civil right. 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 § 34-18-24(7).

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     34-37-3. Definitions.

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     When used in this chapter:

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

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

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

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     (3) "Commission" means the Rhode Island commission for human rights created by § 28-

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5-8.

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

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

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

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

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

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forces, country of ancestral origin, disability, age, housing status, or familial status or because of

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

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

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

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

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wish to be, associated.

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

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

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

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

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eighteen (18) years being domiciled with:

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

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

 

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

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

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least six (6) months.

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

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

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

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     (8) 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 § 42-87-1.1.

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     (9) 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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     (10) "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, that 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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     (11) "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 § 34-18-24.

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

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housing accommodation.

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

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

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

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as defined in chapter 20.5 of title 5.

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

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     (15) 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 ensure 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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     (16) 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 § 12-29-2.

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

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

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temporary residence.

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     (18) The term "lawful source of income" means and includes any income, benefit, or

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subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any

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other federal, state, or local public assistance program, including, but not limited to, medical or

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veterans assistance; any federal, state, or local rental assistance or housing subsidy program,

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including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C. § 1437; and any

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requirement associated with such public assistance, rental assistance, or housing subsidy program.

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     34-37-4. Unlawful housing practices.

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     (a) No owner having the right to sell, rent, lease, or manage a housing accommodation as

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defined in § 34-37-3(10), or an agent of any of these, shall, directly or indirectly, make, or cause

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

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

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

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

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nor make any written or oral inquiry concerning whether 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 whether a

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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 any prospective purchaser, occupant, or

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tenant of the housing accommodation; directly or indirectly, refuse to sell, rent, lease, let, or

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otherwise deny to or withhold from any individual the housing accommodation because of the

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

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

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general administrative discharge, servicemember in the armed forces, 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, lawful source of income, military status

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

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

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

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

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being, the victim of domestic abuse, or that the 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. Nor shall an owner having the right to sell, rent, lease, or manage a housing

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accommodation as defined in § 34-37-3(10), or an agent of any of these, directly or indirectly,

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

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indicates any preference, limitation, specification, or discrimination based upon race, color,

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religion, sex, sexual orientation, gender identity or expression, marital status, lawful source of

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

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administrative discharge, servicemember in the armed forces, 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, 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, lawful source of income, military status as a veteran with an

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honorable discharge or an honorable or general administrative discharge, servicemember in the

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armed forces, country of ancestral origin, disability, age, familial status, or on the basis 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, in the

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terms, conditions, or privileges of the sale, rental, or lease of any housing accommodation or in

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the furnishing of facilities or services in connection with it. Nothing in this subsection shall be

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construed to prohibit any oral or written inquiry as to whether the prospective purchaser or tenant

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is over the age of eighteen (18).

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

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whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm

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the source, amount and expected duration of the lawful source of income of the prospective

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purchaser or tenant to determine whether the prospective purchaser or tenant meets the

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nondiscriminatory standards and preferences or terms, conditions, limitations or specifications

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permitted under subsection (c) of this section.

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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, military status as a veteran with an honorable

 

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

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forces, country of ancestral origin, disability, age, familial status, or any express written or oral

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inquiry into whether 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 whether a 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 from

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domestic abuse, of any individual seeking the financial assistance, or of existing or prospective

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occupants or tenants of the housing accommodation; nor shall any person to whom the

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application is made in the manner provided, directly or indirectly, discriminate in the terms,

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conditions, or privileges relating to the obtaining or use of any financial assistance against any

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

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

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

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ancestral origin, disability, age, familial status, 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 in

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

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

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prohibit any written or oral inquiry as to whether 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 that 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, lawful source of income, military status as a veteran with an honorable discharge or an

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

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ancestral origin, disability, age, familial status, 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 in

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

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lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation, gender

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

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honorable discharge or an honorable or general administrative discharge, servicemember in the

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armed forces, country of ancestral origin, disability, age, or familial status of any person with

 

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whom the prospective purchaser, lessee, tenant, or occupant is or may wish to be associated.

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Nothing contained in this section shall be construed in any manner to prohibit or limit the

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exercise of the privilege of every person and the agent of any person making loans for, or offering

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financial assistance in, the acquisition, construction, rehabilitation, repair, or maintenance of

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housing accommodations to set standards and preferences, terms, conditions, limitations, or

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specifications for the granting of loans or financial assistance that do not discriminate on the basis

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

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

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discharge, servicemember in the armed forces, 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 is

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

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

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

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prospective owner, lessee, tenant, or occupant of the housing accommodation. If a landlord

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requires that a prospective or current tenant have a certain minimum level of income, the standard

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for assessing eligibility shall be based only on the portion of the rent to be paid by the tenant,

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taking into account the value of any federal, state, or local rental assistance or housing subsidy.

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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 § 34-18-

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19(a) but will be subject to § 34-18-19(b) -- through (f) inclusive.

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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 animal,

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

 

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

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extra compensation for the guide dog or other personal assistive animal but shall be liable for any

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

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

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

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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 that 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 § 34-37-3(13); person to whom application is made for

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

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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

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institution; or respondent under this chapter; or any agent of these shall discriminate in any

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manner against any individual because he or she has opposed any practice forbidden by this

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chapter, or because he or she has made a charge, testified, or assisted in any manner in any

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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 § 34-18-24(7).

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     34-37-5.3. Fostering of segregated housing prohibited.

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     It shall be an unlawful discriminatory housing practice to for profit induce, or attempt to

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induce, any person to sell or rent any dwelling by representations regarding the entry or

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prospective entry into the neighborhood of a person or persons of a particular race, color, religion,

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

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

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

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status.

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     SECTION 2. 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 section:

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     34-37-4.6. Discrimination based on lawful source of income - Exemption.

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     Nothing in this chapter shall prohibit an owner of a housing accommodation from

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refusing to rent to a person based on their lawful source of income if the housing accommodation

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

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     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

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

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lawful source of income.

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     This act would take effect upon passage.

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