Title 16 — Practice, Procedure, And Courts

This subchapter shall be referred to as the “Arkansas Civil Rights Act of 1993”.

(1) As used in this subchapter:(1) “Because of gender” means, but is not limited to, on account of pregnancy, childbirth, or related medical conditions;(2) “Because of national origin” includes without limitation on account of a natural, protective, or cultural hairstyle;(3) “Bec…

(a) The provisions of this subchapter relating to employment shall not be applicable with respect to employment by a religious corporation, association, society, or other religious entity. (b) It shall not constitute employment discrimination under this subchapter for an employer…

Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas.

(a) Every person who, under color of any statute, ordinance, regulation, custom, or usage of this state or any of its political subdivisions subjects, or causes to be subjected, any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities…

(a) A person may bring a civil action for injunctive relief or damages, or both, if he or she is subject to an act motivated by racial, religious, or ethnic animosity and the act was an act of:(1) Intimidation or harassment;(2) Violence directed against his or her person; or(3) V…

(a) The right of an otherwise qualified person to be free from discrimination because of race, religion, national origin, gender, or the presence of any sensory, mental, or physical disability is recognized as and declared to be a civil right. This right shall include, but not be…

(a) Retaliation. A person shall not discriminate against any individual because the individual in good faith has opposed any act or practice made unlawful by this subchapter or because the individual in good faith made a charge, testified, assisted, or participated in any manner …

This subchapter shall be known and may be cited as the “Arkansas Fair Housing Act”.

(1) As used in this subchapter:(1) “Housing accommodation” includes improved or unimproved real property, or a part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one (1) or more persons;(2) “Real esta…

(a) The opportunity to obtain housing and other real estate without discrimination because of religion, race, color, national origin, sex, disability, or familial status as prohibited by this chapter, is recognized and declared to be a civil right. (b) Provided, the provisions of…

(a) A person engaging in a real estate transaction, or a real estate broker or salesperson, shall not on the basis of religion, race, color, national origin, sex, disability, or familial status of a person or a person residing with that person:(1) Refuse to engage in a real estat…

(a) A person to whom application is made for financial assistance or financing in connection with a real estate transaction or in connection with the construction, rehabilitation, repair, maintenance, or improvement of real property, or a representative of that person, shall not:…

(a) A condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of religion, race, color, national origin, sex, disability, or familial status is void, exce…

A person shall not represent, for the purpose of inducing a real estate transaction from which the person may benefit financially, that a change has occurred or will or may occur in the composition, with respect to religion, race, color, national origin, sex, disability, or famil…

(1) Two (2) or more persons shall not conspire to, or a person shall not:(1) Retaliate or discriminate against a person because the person has opposed a violation of this subchapter, or because the person has made a charge, filed a complaint, testified, assisted, or participated …

A person shall not violate the terms of an order to an adjustment order made under this subchapter.

(a) (1) A person alleging a violation of this subchapter may bring a civil action for appropriate injunctive relief or damages, or both.(2) As used in subdivision (a)(1) of this section, “damages” means damages for injury or loss caused by each violation of this subchapter, inclu…

(1) 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. (1) That the right to seek housing underlies the …

(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; (A) Claims to have been injured by a discriminatory housing pr…

(a) There is created the Arkansas Fair Housing Commission, which shall consist of seven (7) members. (b) The seven (7) members of the Arkansas Fair Housing Commission shall be selected as follows:(1) Five (5) members with knowledge or experience in the fields of real estate, home…

(a) The Arkansas Fair Housing Commission shall adopt rules necessary to implement this subchapter substantially equivalent to those provided in federal fair housing laws and regulations. (b) The commission shall receive, initiate, investigate, seek to conciliate, and, if concilia…

(a) (1) The Governor shall appoint a Director of the Arkansas Fair Housing Commission who shall serve at the pleasure of the Governor.(2) The director shall report to the Secretary of the Department of Inspector General.(3) The Arkansas Fair Housing Commission may fix the compens…

(a) Sections 16-123-310 and 16-123-312 — 16-123-314 do not apply to a single-family house sold or rented by an owner or rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other …

(a) This subchapter 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, o…

Nothing in this subchapter prohibits a person engaged in the business of furnishing evaluations, market analyses, or appraisals of real property to take into consideration factors other than race, color, religion, sex, disability, familial status, or national origin.

This subchapter does not affect a requirement of nondiscrimination in any other act, state law, or federal law.

(a) Because of race, color, religion, sex, familial status, or national origin a person shall not:(1) Refuse to sell or rent a dwelling to a person who has made a bona fide offer;(2) Refuse to negotiate for the sale or rental of a dwelling; or(3) Otherwise make unavailable or den…

A person shall 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, disabil…

A person shall 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, sale, or rental when the dwelling is in fact so available.

A person shall not for profit 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.

(a) A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a 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 sold, rented, or made a…

(a) A person whose business includes engaging in residential real estate-related transactions shall not discriminate against a person in making a real estate-related transaction available, or in the terms or conditions of a real estate-related transaction because of race, color, …

A person shall not deny persons access to or membership or participation in a multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the …

(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 subchapte…

(a) Not later than the tenth day after receipt of the notice and a copy of the complaint as required by § 16-123-317(f)(3), a respondent may file an answer to the complaint. (b) An answer must be:(1) In writing;(2) Under oath; and(3) In the form specified and standardized by this…

(a) The Director of the Arkansas Fair Housing Commission shall investigate all complaints, and except as provided by subsection (b) of this section, shall commence an investigation within thirty (30) days of receiving the complaint and shall complete the investigation no later th…

(a) The Director of the Arkansas Fair Housing Commission may join a person not named in the complaint as an additional or substitute respondent if, in the course of the investigation, the director determines that the person may have committed a discriminatory housing practice. (b…

(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…

(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 directo…

(a) The Director of the Arkansas Fair Housing Commission shall prepare a final investigative report showing:(1) The names and dates of contacts with witnesses;(2) A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the …

(a) The Director of the Arkansas Fair Housing Commission shall determine, based on the facts and after consultation with the office of the Attorney General, whether reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur. (b) The di…

(a) A charge issued under § 16-123-324 shall:(1) Consist of a short and plain statement of the facts on which the Director of the Arkansas Fair Housing Commission has found reasonable cause to believe that a discriminatory housing practice occurred or is about to occur;(2) Be bas…

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 a…

(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 dismissa…

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 respec…

(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 twen…

(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 s…

(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 o…

(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 fee…