Title 16, Practice, Procedure, And Courts

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…

(1) An Arkansas Fair Housing Commission order under § 16-123-331 does not affect any contract, sale, encumbrance, or lease that:(1) Was consummated before the commission issued the order; and(2) Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notic…

If the Arkansas Fair Housing Commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a government agency, the commission, not later than thirty (30) days after the issuance of t…

(a) The Arkansas Fair Housing Commission is encouraged to cooperate with the United States Secretary of Housing and Urban Development and the United States Attorney General in the enforcement of the Fair Housing Act of 1968, 42 U.S.C. § 3601 et seq., as in effect January 1, 2001,…

(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 agree…

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.

(1) 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 §…

(1) Relief granted under this subchapter does not affect a contract, sale encumbrance, or lease that:(1) Was consummated before the granting of the relief; and(2) Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint u…

(a) The Arkansas Fair Housing Commission may authorize the Attorney General to intervene and the Attorney General may intervene in an action if the case is of general public importance. (b) The Attorney General may obtain the same relief available under § 16-123-341.

(a) At the request of the Arkansas Fair Housing Commission, the Attorney General may file a civil action in a court of competent jurisdiction in the county where the respondent resides for appropriate relief if the Attorney General has reasonable cause to believe that:(1) A perso…

The Arkansas Fair Housing Commission, on behalf of itself or other party at whose request a subpoena is issued under this subchapter, may enforce the subpoena in appropriate proceedings in a court of competent jurisdiction in the county where the respondent resides.

(a) A court in a civil action brought under this subchapter or the Arkansas Fair Housing Commission in an administrative hearing under § 16-123-331 may award reasonable attorney's fees to the prevailing party. (b) However, nothing contained in this subchapter shall waive the sove…

(1) A person commits an offense if the person, whether or not acting under color of law, intentionally intimidates or interferes with or attempts to intimidate or interfere with a person:(1) Because of the person's race, color, religion, sex, disability, familial status, or natio…

(a) (1) A report or result of a self-test, as that term is defined by rule of the Director of the Arkansas Fair Housing Commission, shall be considered to be privileged under subdivision (a)(2) of this section if a person:(A) Conducts or authorizes an independent third party to c…

(a) The Director of the Arkansas Fair Housing Commission shall establish a statewide education and outreach program through contracts with local governments or their agencies, public or private nonprofit organizations or institutions, or other public or private entities that are …

(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 H…

(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, disabil…

This subchapter shall be known and may be cited as the “Religious Freedom Restoration Act”.

(1) 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 substa…

(1) As used in this subchapter:(1) “Compelling governmental interest” means a governmental interest of the highest order as long-recognized in the history and traditions of this state, that is necessary to advance a vital interest and cannot otherwise be achieved without burdenin…

(a) A government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, unless it is demonstrated that application of the burden to the person in this particular instance is:(1) Essential to further a compel…

(a) This subchapter applies to all state law, and the implementation of state law, whether statutory or otherwise, and whether adopted before or after April 2, 2015. (b) State statutory law adopted after April 2, 2015, is subject to this subchapter unless the state statutory law …

(a) This subchapter does not affect, interpret, or in any way address that portion of the United States Constitution, Amendment I, prohibiting laws respecting the establishment of religion or of Arkansas Constitution, Article 2, § 25, concerning protection of religion. (b) Granti…

The Division of Correction, the Division of Community Correction, a county jail, and a detention facility are exempt from this subchapter.

It is the intent of the General Assembly to adopt the definition of “antisemitism” adopted on May 26, 2016, by the International Holocaust Remembrance Alliance, including the accompanying examples of contemporary antisemitism identified by the International Holocaust Remembrance …

(1) As used in this subchapter:(1) (A) “Antisemitism” means the same as defined by the International Holocaust Remembrance Alliance on May 26, 2016, and includes the contemporary examples of antisemitism identified by the International Holocaust Remembrance Alliance, as existing …

(a) This subchapter does not diminish or infringe upon any right protected under the First Amendment to the United States Constitution or the Arkansas Constitution. (b) This subchapter shall not be construed to conflict with federal law or state law concerning discrimination.

(a) In reviewing, investigating, or determining whether there has been a violation of any relevant policy, law, or rule prohibiting discriminatory acts, the government shall take into consideration the definition of antisemitism under § 16-123-502 for purposes of determining whet…

(1) It is the intent of the General Assembly to:(1) Prohibit government discrimination against religious organizations based upon the religious organizations' religious identity or conduct;(2) Prohibit the government from discriminating against certain individuals and organizatio…

(1) As used in this subchapter:(1) “Belief about biological sex or marriage” means a belief based on religious or philosophical premises:(A) Regarding the sex of two (2) individuals who may enter into marriage; or(B) That “male” or “man” or “female” or “woman” refers exclusively …