Title 40 — Title 40 — Trade And Commerce
32 chapters · 686 sections in this title.
W.S. § 40-26-101 Short title
0.1K chars
Short title. This act may be cited as the "Wyoming Fair Housing Act."
W.S. § 40-26-102 (a) Definitions
2.8K chars
(a) Definitions. As used in this act: (i) "Aggrieved person" includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur; (ii) "Complainant" means …
W.S. § 40-26-103 Sale or rental
0.8K chars
Sale or rental. (a) A person may not refuse to sell or rent, after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or in any other manner make unavailable or deny a dwelling to an individual because of race, color, religion, sex, disability, famili…
W.S. § 40-26-104 Publication
0.4K chars
Publication. A person may not make, print or publish or effect the making, printing or publishing of a notice, statement or advertisement that is about the sale or rental of a dwelling and that indicates any preference, limitation or discrimination or the intention to make a pref…
W.S. § 40-26-105 Inspection
0.3K chars
Inspection. A person may not represent to an individual because of race, color, religion, sex, disability, familial status or national origin that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection.
W.S. § 40-26-106 Entry into neighborhood
0.3K chars
Entry into neighborhood. A person may not, for profit, induce or attempt to induce another to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of an individual of a particular race, color, religion, sex, disability, familial …
W.S. § 40-26-107 Disability
3.5K chars
Disability. (a) A person may not discriminate in the sale or rental of, or make unavailable or deny, a dwelling to any buyer or renter because of a disability of: (i) The buyer or renter; (ii) An individual residing in or intending to reside in that dwelling after it is sold, ren…
W.S. § 40-26-108 Residential real estate related transaction
0.9K chars
Residential real estate related transaction. A person whose business includes engaging in residential real estate related transactions may not discriminate against an individual in making a real estate related transaction available or in the terms or conditions of a real estate r…
W.S. § 40-26-109 Brokerage services
0.5K chars
Brokerage services. A person may not deny an individual 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 discriminat…
W.S. § 40-26-110 Sales and rentals exempted
2.2K chars
Sales and rentals exempted. (a) W.S. 40-26-103 through 40-26-109 do not apply to the sale or rental of a single family house sold or rented by the owner if the owner does not own more than three (3) single family houses at any one (1) time or own any interest in, nor is there own…
W.S. § 40-26-111 Religious organization, private club, and appraisal exemption
1.3K chars
Religious organization, private club, and appraisal exemption. (a) This chapter 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, ass…
W.S. § 40-26-112 Housing for elderly exempted
1.7K chars
Housing for elderly exempted. (a) The provisions of this chapter relating to familial status and age do not apply to housing that the secretary of housing and urban development determines is specifically designed and operated to assist elderly individuals under a federal program;…
W.S. § 40-26-113 Effect on other law
0.3K chars
Effect on other law. (a) This chapter 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 chapter does not affect a requirement of nondiscrimina…
W.S. § 40-26-114 Duties and powers of enforcing authority
0.8K chars
Duties and powers of enforcing authority. The enforcing authority shall administer this chapter. The enforcing authority may adopt rules necessary to implement this chapter, but substantive rules adopted by the enforcing authority shall impose obligations, rights and remedies tha…
W.S. § 40-26-115 Complaints
0.2K chars
Complaints. As provided by W.S. 40-26-118 through 40-26-135, the enforcing authority shall receive, investigate, seek to conciliate and act on complaints alleging violations of this chapter.
W.S. § 40-26-116 Cooperation with other entities
0.3K chars
Cooperation with other entities. The enforcing authority shall cooperate with and may provide technical and other assistance to federal, state, local and other public or private entities that are designing or operating programs to prevent or eliminate discriminatory housing pract…
W.S. § 40-26-117 appropriation
0.4K chars
appropriation. Gifts and grants; fair housing fund; continuing The enforcing authority may accept grants from the federal government for administering this chapter. Grants received shall be deposited with the state treasurer in an account created for the fair housing act. Monies …
W.S. § 40-26-118 Complaint
1.2K chars
Complaint. (a) The enforcing authority shall investigate complaints of alleged discriminatory housing practices. An aggrieved person may file a complaint with the enforcing authority alleging the discriminatory housing practice. The enforcing authority may file a complaint. A com…
W.S. § 40-26-119 Answer
0.4K chars
Answer. (a) Not later than the tenth day after the date of receipt of the notice and copy of the complaint under W.S. 40-26-118(b), a respondent may file an answer to the complaint. An answer shall be in writing, under oath, and in the form prescribed by the enforcing authority. …
W.S. § 40-26-120 An answer does Investigation
1.0K chars
An answer does Investigation. (a) If the federal government has referred a complaint to the enforcing authority or has deferred jurisdiction over the subject matter of the complaint to the enforcing authority, the enforcing authority shall investigate the allegations set forth in…
W.S. § 40-26-121 Additional or substitute respondent
0.6K chars
Additional or substitute respondent. The enforcing authority may join a person not named in the complaint as an additional or substitute respondent if during the investigation the enforcing authority determines that the person is alleged to be engaged, to have engaged, or to be a…
W.S. § 40-26-122 Conciliation
0.6K chars
Conciliation. The enforcing authority shall, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the enforcing authority, to the extent feasible, engage in conciliation with respect to the complaint. A conciliation a…
W.S. § 40-26-123 Temporary or preliminary relief
0.7K chars
Temporary or preliminary relief. The enforcing authority may authorize a claim for relief for temporary or preliminary relief pending the final disposition of a complaint, if the enforcing authority concludes after the filing of the complaint that prompt judicial action is necess…
W.S. § 40-26-124 Investigative report
0.5K chars
Investigative report. The enforcing authority shall prepare a final investigative report, including the names of and dates of contacts with witnesses, a summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the corresponden…
W.S. § 40-26-125 Reasonable cause determination
0.9K chars
Reasonable cause determination. (a) The enforcing authority shall determine from the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. The enforcing authority shall make this determination not later than the…
W.S. § 40-26-126 Charge
0.8K chars
Charge. (a) A charge issued under W.S. 40-26-125 shall consist of a short and plain statement of the facts on which the enforcing authority finds reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur, shall be based on the final inve…
W.S. § 40-26-127 Land use law
0.2K chars
Land use law. If the enforcing authority determines that the matter involves the legality of a state or local zoning or other land use law or ordinance, the enforcing authority may issue a charge and proceed with the appropriate action.
W.S. § 40-26-128 Dismissal
0.3K chars
Dismissal. If the enforcing authority determines that no reasonable cause exists to believe that a discriminatory housing practice that is the subject of a complaint has occurred or is about to occur, the enforcing authority shall promptly dismiss the complaint. The enforcing aut…
W.S. § 40-26-129 Pending civil trial
0.3K chars
Pending civil trial. The enforcing authority may not issue a charge alleging a discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or state law seeking relief with respect to that discriminatory housing…
W.S. § 40-26-130 Election of judicial determination
0.6K chars
Election of judicial determination. A complainant, a respondent, or an aggrieved person on whose behalf a complaint was filed may elect to have the claims asserted in the charge decided in a civil action as provided by W.S. 40-26-136. The election shall be made not later than the…
W.S. § 40-26-131 Administrative hearing
0.4K chars
Administrative hearing. If a timely election is not made under W.S. 40-26-130, the enforcing authority shall provide for a hearing on the charge. A hearing under this section on an alleged discriminatory housing practice may not continue after the beginning of the trial of a clai…
W.S. § 40-26-132 Administrative penalties
1.9K chars
Administrative penalties. (a) If the enforcing authority determines at a hearing under W.S. 40-26-131 that a respondent has engaged in or is about to engage in a discriminatory housing practice, the enforcing authority may order the appropriate relief, including actual damages, r…
W.S. § 40-26-133 Effect of enforcing authority order
0.3K chars
Effect of enforcing authority order. An enforcing authority order under W.S. 40-26-132 does not affect a contract, sale, encumbrance or lease that is consummated before the enforcing authority issues the order and involves a bona fide purchaser, encumbrancer or tenant who did not…
W.S. § 40-26-134 Licensed or regulated business
0.5K chars
Licensed or regulated business. If the enforcing authority issues an order with respect to a discriminatory housing practice that occurs in the course of a business subject to a licensing or regulation by a governmental agency, the enforcing authority, not later than the thirtiet…
W.S. § 40-26-135 Order in preceding five years
0.3K chars
Order in preceding five years. If the enforcing authority issues an order against a respondent against whom another order was issued within the preceding five (5) years under W.S. 40-26-133, the enforcing authority shall send a copy of each order to the attorney general.
W.S. § 40-26-136 Attorney general action for enforcement
0.6K chars
Attorney general action for enforcement. If a timely election is made under W.S. 40-26-130, the attorney general may file not later than the thirtieth day after the date of the election a claim for relief in a district court. Venue for an action is in the county in which the alle…
W.S. § 40-26-137 Pattern or practice case; penalties
1.3K chars
Pattern or practice case; penalties. (a) The attorney general may file a claim for relief in district court for appropriate relief if the enforcing authority has reasonable cause to believe that a person is engaged in a pattern or practice of resistance to the full enjoyment of a…
W.S. § 40-26-138 Subpoena enforcement
0.2K chars
Subpoena enforcement. The enforcing authority or another party at whose request a subpoena is issued under this chapter, may enforce the subpoena in appropriate proceedings in district court.
W.S. § 40-26-139 Civil action
1.5K chars
Civil action. (a) An aggrieved person may file a civil action in district court not later than the second year after the date of the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered under this chapter, w…
W.S. § 40-26-140 Relief granted
0.4K chars
Relief granted. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, reasonable attorney's fees, court costs, and subject to W.S. 40-26-142, a permanent or temporary injuncti…
W.S. § 40-26-141 Effect of relief granted
0.3K chars
Effect of relief granted. Relief granted under W.S. 40-26-139 through 40-26-143 does not affect a contract, sale, encumbrance or lease that is consummated before the granting of the relief and involves a bona fide purchaser, encumbrancer or tenant who did not have actual notice o…
W.S. § 40-26-142 Intervention by attorney general
0.3K chars
Intervention by attorney general. The attorney general may intervene in an action under W.S. 40-26-139 through 40-26-143 if the attorney general certifies that the case is of general public importance. The attorney general may obtain the same relief as is available to the attorne…
W.S. § 40-26-143 Prevailing party
0.3K chars
Prevailing party. A court in an action brought under this chapter or the enforcing authority in an administrative hearing under W.S. 40-26-131 may award reasonable attorney's fees to the prevailing party and assess court costs against the nonprevailing party.
W.S. § 40-26-144 Intimidation or interference; penalty
1.9K chars
Intimidation or interference; penalty. (a) A person commits an offense if the person, without regard to whether the person is acting under color of law, by force or threat of force, intentionally intimidates or interferes with an individual: (i) Because of the individual's race, …
W.S. § 40-26-145 Records exempt
1.7K chars
Records exempt. A complaint filed with the enforcing authority under W.S. 40-26-118 is an open record. Information obtained during an investigation conducted by the enforcing authority under this chapter can be used in any judicial proceedings or administrative hearing relating t…