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§ 41-1491 – Definitions

41-1491. Definitions In this article, unless the context otherwise requires: 1. " Aggrieved person" includes any person who either: (a) Claims to have been injured by a discriminatory housing practice. (b) Believes that he will be injured by a discriminatory housing practice that is about to occur. 2. " Complainant" means a person, including the […]

§ 41-1491.01 – Discrimination due to familial status

41-1491.01. Discrimination due to familial status In this article, a discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is: 1. Pregnant. 2. Domiciled with an individual younger than eighteen years of age in regard to whom the person either: (a) Is […]

§ 41-1491.02 – Exempt sales and rentals

41-1491.02. Exempt sales and rentals A. Except as provided in subsection B of this section, sections 41-1491.14 through 41-1491.21 do not apply to: 1. The sale or rental of a single family house sold or rented by an owner if: (a) The owner does not: (i) Own more than three single family houses at any […]

§ 41-1491.03 – Religious organization and private club exemption

41-1491.03. Religious organization and private club exemption A. This article does not prohibit a religious organization, association or society or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from: 1. Limiting the sale, rental or occupancy of dwellings that it owns or operates […]

§ 41-1491.04 – Housing for older persons exempted; rules; liability; definition

41-1491.04. Housing for older persons exempted; rules; liability; definition A. The provisions of this article relating to familial status do not apply to housing for older persons. B. The attorney general may adopt rules setting forth criteria for housing for older persons. The rules adopted for subsection D, paragraph 3 shall require the following factors: […]

§ 41-1491.05 – Appraisal exemption

41-1491.05. Appraisal exemption This article does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, familial status or national origin.

§ 41-1491.06 – Effect on other law

41-1491.06. Effect on other law A. This article does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or a restriction relating to health or safety standards. B. This article does not affect a requirement of nondiscrimination in any other state or federal law. C. […]

§ 41-1491.08 – Rules

41-1491.08. Rules The attorney general may adopt interpretive and procedural rules necessary to implement this article.

§ 41-1491.09 – Complaints

41-1491.09. Complaints The attorney general shall receive, investigate, seek to conciliate and act on complaints alleging violations of this article.

§ 41-1491.10 – Reports; studies

41-1491.10. Reports; studies A. The attorney general shall publish annually a written report recommending legislative or other action to carry out the purposes of this article. This report shall contain, for the preceding fiscal year, the following information: 1. The number of complaints initiated by the attorney general. 2. The number of complaints filed with […]

§ 41-1491.11 – Cooperation with other entities

41-1491.11. Cooperation with other entities The attorney general shall cooperate with federal fair housing agencies and, as appropriate, may provide technical and other assistance to federal, state, local and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices. Nothing in this article shall be interpreted as […]

§ 41-1491.12 – Subpoenas; discovery

41-1491.12. Subpoenas; discovery The attorney general may issue subpoenas and compel the production of documents and the giving of testimony, as provided by section 41-1403.

§ 41-1491.13 – Referral to city or town

41-1491.13. Referral to city or town A. The attorney general may defer proceedings under this article and refer a complaint to a city or town with a population of three hundred fifty thousand or more persons according to the 1990 United States decennial census that has been recognized by the United States department of housing […]

§ 41-1491.14 – Discrimination in sale or rental

41-1491.14. Discrimination in sale or rental A. A person may not refuse to sell or rent after a bona fide offer has been made or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, familial status or national […]

§ 41-1491.15 – Publication of sales or rentals

41-1491.15. Publication of sales or rentals A person may not make, print or publish or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, disability, familial status or national […]

§ 41-1491.16 – Inspection of dwelling

41-1491.16. Inspection of dwelling A person may not represent to any person because of race, color, religion, sex, disability, familial status or national origin that a dwelling is not available for inspection for sale or rental if the dwelling is available for inspection.

§ 41-1491.17 – Entry into neighborhood

41-1491.17. Entry into neighborhood A person, for profit, may not induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status or national origin.

§ 41-1491.18 – Prohibition of intimidation

41-1491.18. Prohibition of intimidation A person may not coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this section and sections […]

§ 41-1491.19 – Discrimination due to disability; definitions

41-1491.19. Discrimination due to disability; definitions A. A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of: 1. That buyer or renter. 2. A person residing in or intending to reside in that dwelling after it is […]