§ 16-123-347. Arkansas Fair Housing Commission Trust Fund
(a) There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Arkansas Fair Housing Commission Trust Fund”. (b) The fund shall consist of: (1) Funds received by the Arkansas Fair Housing Commission, and any […]
§ 16-123-348. Violations — Bodily injury — Penalties
(a) It is unlawful for a person, whether or not acting under color of law, by force or threat of force, to willfully injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with: (1) Any person because of his or her race, color, religion, sex, disability, as defined in § 16-123-302, familial […]
§ 16-123-401. Title
This subchapter shall be known and may be cited as the “Religious Freedom Restoration Act”.
§ 16-123-402. Legislative intent
It is the intent of the General Assembly: (1) To restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963), and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases in which free exercise of religion is substantially burdened; (2) That this subchapter […]
§ 16-123-403. Definitions
As used in this subchapter: (1) “Demonstrates” means meets the burdens of going forward with the evidence and of persuasion; (2) “Exercise of religion” means religious exercise; (3) “Government” includes a branch, department, agency, instrumentality, political subdivision, official, or other person acting under color of state law; and (4) “State law” includes without limitation a […]
§ 16-123-336. Civil action
(a) An aggrieved person may file a civil action in a court of competent jurisdiction in the county where the respondent resides not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this subchapter, whichever occurs last, […]
§ 16-123-321. Conciliation
(a) The Director of the Arkansas Fair Housing Commission, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the director or the Arkansas Fair Housing Commission, to the extent feasible, shall engage in conciliation with respect to the complaint. (b) A conciliation […]
§ 16-123-337. Court-appointed attorney
On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory housing practice is alleged, the court may appoint an attorney for the person to the extent provided by applicable law concerning indigents in civil actions.
§ 16-123-322. Temporary or preliminary relief
(a) If the Director of the Arkansas Fair Housing Commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this subchapter, and after consultation with the office of the Attorney General, the director may authorize the filing by the Attorney General of […]
§ 16-123-338. Relief
In a civil action under this subchapter, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff: (1) Compensatory and punitive damages; (2) Reasonable attorney’s fees; (3) Court costs; and (4) Subject to § 16-123-339, any permanent or temporary injunction, temporary restraining […]