§ 16-123-326. Land use law
If the Director of the Arkansas Fair Housing Commission determines the matter involves the legality of a state or local zoning ordinance or other land use law or ordinance, the director shall not issue a charge, but shall immediately refer the matter to the Attorney General for appropriate action.
§ 16-123-327. Dismissal
(a) If the Director of the Arkansas Fair Housing Commission determines that no reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the director shall promptly dismiss the complaint. (b) The director shall disclose each dismissal under this section both to the public and to all affected parties.
§ 16-123-328. Pending civil trial
The Director of the Arkansas Fair Housing Commission shall not issue a charge under this section regarding an alleged discriminatory housing practice after the commencement of a civil action commenced under federal or state law or this subchapter seeking determination with respect to an alleged discriminatory housing practice.
§ 16-123-329. Election of judicial determination
(a) After a charge has been issued under § 16-123-325, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action. (b) The election shall be made no later than the twentieth day after the date […]
§ 16-123-330. Attorney General — Action for enforcement
(a) If a timely election is made under § 16-123-329, the Arkansas Fair Housing Commission shall authorize and the Attorney General shall file and maintain on behalf of the aggrieved person a civil action in a court of competent jurisdiction seeking appropriate relief under this section. (b) If the commission determines, as under § 16-123-321, […]
§ 16-123-331. Administrative hearing
(a) (1) If a timely election to commence a civil action is not made under § 16-123-329, the Arkansas Fair Housing Commission shall provide for an administrative hearing on the charge. (2) (A) The administrative hearing will be adjudicated by the commission. (B) In that proceeding or any factually related proceeding under this section, no […]
§ 16-123-332. Administrative penalties
(a) If the Arkansas Fair Housing Commission determines at a hearing under § 16-123-331 that a respondent has engaged in or is about to engage in a discriminatory housing practice, the commission may order the appropriate relief, including actual damages, reasonable attorney’s fees, and court costs. (b) To vindicate the public interest, the commission may […]
§ 16-123-301. Finding
The General Assembly recognizes: (1) That the right to seek housing underlies the general public’s ability to secure health, safety, and welfare; and (2) Seeks with this subchapter to protect the public’s access to fair housing.
§ 16-123-317. Complaint
(a) The Director of the Arkansas Fair Housing Commission shall investigate any discriminatory housing practices alleged in a complaint filed under this section. (b) A complaint shall be: (1) In writing and under oath; and (2) In the form specified and standardized by this subchapter and the rules promulgated by the Arkansas Fair Housing Commission, […]
§ 16-123-302. Definitions
(1) “Aggrieved person” means a person who: (A) Claims to have been injured by a discriminatory housing practice; or (B) Believes that a person will be injured by a discriminatory housing practice that is about to occur; (2) “Commission” means the Arkansas Fair Housing Commission; (3) “Complainant” means a person, including the Director of the […]