§ 34-37-4.1 - Discrimination in familial status – Exemptions.
SECTION 34-37-4.1
§ 34-37-4.1 Discrimination in familialstatus – Exemptions. – (a) Nothing in this chapter requires an owner of a housing accommodation torent to a family with children if:
(1) The housing accommodation is two (2) units, one of whichis occupied by the owner;
(2) The housing accommodation is of four (4) units or less,the owner actually maintains and occupies one of those living quarters as hisor her residence and one of those units is already occupied by a senior citizenor infirm person for whom the presence of children would constitute ademonstrated hardship;
(3) The housing accommodation was provided under any state orfederal program which is designed and operated to assist elderly persons;
(4) The housing accommodation is intended for and solelyoccupied by persons sixty-two (62) years of age or older; or
(5) The housing accommodation is intended and operated foroccupancy by at least one person fifty-five (55) years of age or older perunit. Provided that:
(i) At least eighty percent (80%) of the units are occupiedby at least one person fifty-five (55) years of age or older per unit; and
(ii) The housing accommodation has significant facilities andservices designed to meet the physical or social needs of older persons, or ifthe provisions of those facilities and services is not practicable, that thehousing is necessary to provide important opportunities for older persons;
(iii) The owner or manager has published and adhered topolicies and procedures which demonstrate an intent to provide housing forpersons fifty-five (55) years of age or older.
(b) An exemption under subsections (a)(4) and (a)(5) can beclaimed if the housing did not meet the requirements of subsections (a)(4) and(a)(5) as of September 13, 1988 only if:
(i) New occupants of the housing met the age requirements ofsubsections (a)(4) and (a)(5) after September 13, 1988; or
(ii) Unoccupied units were reserved for occupancy by personswho met the age requirements of subsections (a)(4) and (a)(5) after September13, 1988;
(2) An owner will not violate the prohibitions against agediscrimination in housing contained in § 34-37-4 if the owner asks the ageof prospective or actual tenants or buyers, or if the owner grants a preferenceto older prospective tenants or buyers so long as the housing meets therequirements of subsection (a)(4) or (a)(5) or if the owner is seeking todetermine whether the housing meets the requirements of subsection (a)(4) or(a)(5).