Chapter 161
2015 -- H 5593
Enacted 07/09/2015

A N   A C T
RELATING TO PROPERTY -- THE RHODE ISLAND FAIR HOUSING PRACTICES ACT

Introduced By: Representatives Malik, Azzinaro, Hull, McNamara, and Fellela
Date Introduced: February 25, 2015

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 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, 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 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 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,
applicants or members of a household who are, or have been, or are threatened with being,
being the victims of domestic abuse, or those tenants or applicants who have obtained, or sought,
or are seeking, 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. 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, 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, 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 and regardless of race, color, religion, sex,
sexual orientation, gender identity or expression, marital status, 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 regardless of the fact
that a tenant or applicant, or a member of the household, is or has been, or is threatened with
being, 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.
     (2)(3) "Commission" means the Rhode Island commission for human rights created by §
28-5-8.
      (3)(4) "Disability" means a disability as defined in § 42-87-1.
      Provided further Provided, further, that the term "disability" does not include current,
illegal use of or addiction to use of, or addiction to, a controlled substance, as defined in 21
U.S.C. § 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 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, 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 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 § 15-15-1, § 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.
      (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 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
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," "auxiliary aids and services", "reasonable
accommodation", and "reasonable modifications" have the same meaning as those terms are
defined in § 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 structure, or
portion of any building or structure, or any parcel of land, developed or undeveloped, which 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.
      (10)(11) "Otherwise qualified" includes any person with a disability who 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.
      (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
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 ensure 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 § 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.
     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(11 12), or an agent of any of
these shall, directly or indirectly, make or cause to be made 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 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, 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, 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 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, 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(11 12), 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 that 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 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, 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,
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 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, 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, 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
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, 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, 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 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, 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, seeking relief from
any court in the form of a restraining order for protection from domestic abuse, of the applicant or
of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed
to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).
      (c) Nothing in this section contained shall be construed in any manner to prohibit or limit
the exercise of the privilege of every person and the agent of any person having the right to sell,
rent, lease, or manage a housing accommodation to establish standards and preferences and set
terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or
in the furnishing of facilities or services in connection therewith which that 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 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, 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, 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 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 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 that 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 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, 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, 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 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, 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, section and shall not be
required to pay extra compensation for the guide dog or other personal assistive animal, 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 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 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 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 state
building code 14 "accessibility for individuals with disabilities for residential use groups"
suffices to satisfy the requirements of subsection (f).
      (h) As used in subsection (f), the term "housing accommodation of four (4) units or
more" means:
      (1) Buildings consisting of four (4) or more units if those buildings have one or more
elevators; and
      (2) Ground floor units in other buildings consisting of four (4) or more units;
      (i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation
which 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 which 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, practice; or obstruct or prevent any person from
complying with the provisions of this chapter or any order issued thereunder, thereunder; or
attempt directly or indirectly to commit any act declared by this section to be an unlawful housing
practice.
      (m) No owner, owner; person defined in § 34-37-3(12), § 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, unsecured; no financial organization governed by the provisions of title
19 or any other credit granting credit-granting commercial institution, institution; or
respondent under this chapter 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)(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 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, expression and the form of loan and credit shall not be limited to those concerned
with housing accommodations, 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 that are also
applied to other applicants and members access to or membership or participation in 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, accommodation or to discriminate against him or her in
the terms or conditions of the access, membership, or participation, participation on account of
race, color, religion, sex, sexual orientation, gender identity or expression, marital status, 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 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 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.
     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 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 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 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, 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.
     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 discharge or an
honorable or general administrative discharge, 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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