Arkansas Code Title 16, Subtitle 7, Chapter 123, Subchapter 3 - Arkansas Fair Housing Commission

• § 16-123-301 - Finding.
  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)...
• § 16-123-302 - Definitions.
  (1) "Aggrieved person" means a person who: (A) Claims to have been injured by a discriminatory housing practice; or (B) Believes that a person...
• § 16-123-303 - Creation -- Members.
  (a) There is created the Arkansas Fair Housing Commission.(b) (1) The Arkansas Fair Housing Commission shall consist of thirteen (13) voting members, to be...
• § 16-123-304 - Powers and Duties.
  (a) The Arkansas Fair Housing Commission shall adopt rules necessary to implement this subchapter substantially equivalent to those provided in federal fair housing laws...
• § 16-123-305 - Director.
  (a) The Arkansas Fair Housing Commission may employ a Director of the Arkansas Fair Housing Commission and fix compensation, duties, authority, and responsibilities.(b) The...
• § 16-123-306 - Exemptions -- Certain Sales and Rentals.
  (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...
• § 16-123-307 - Exemptions -- Religious Organizations, Private Clubs, and Others.
  (a) This subchapter does not prohibit a religious organization, association, or society or a nonprofit institution or organization operated, supervised, or controlled by or...
• § 16-123-308 - Exemption -- Appraisals.
  Nothing in this subchapter prohibits a person engaged in the business of furnishing evaluations, market analyses, or appraisals of real property to take into...
• § 16-123-309 - Effect on Other Law.
  This subchapter does not affect a requirement of nondiscrimination in any other act, state law, or federal law.
• § 16-123-310 - Discrimination in Sale or Rental of Housing.
  (a) Because of race, color, religion, sex, familial status, or national origin a person shall not: (1) Refuse to sell or rent a dwelling...
• § 16-123-311 - Publication Indicating Discrimination.
  A person shall not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to...
• § 16-123-312 - Availability for Inspection.
  A person shall not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is...
• § 16-123-313 - Entry Into Neighborhood.
  A person shall not for profit induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry...
• § 16-123-314 - Disability.
  (a) A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter...
• § 16-123-315 - Residential Real Estate Related Transaction.
  (a) A person whose business includes engaging in residential real estate related transactions shall not discriminate against a person in making a real estate...
• § 16-123-316 - Brokerage Services.
  A person shall not deny persons access to or membership or participation in a multiple listing service, real estate brokers' organization or other service,...
• § 16-123-317 - Complaint.
  (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...
• § 16-123-318 - Answer.
  (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...
• § 16-123-319 - Investigation.
  (a) The Director of the Arkansas Fair Housing Commission shall investigate all complaints, and except as provided by subsection (b) of this section, shall...
• § 16-123-320 - Additional or Substitute Respondent.
  (a) The Director of the Arkansas Fair Housing Commission may join a person not named in the complaint as an additional or substitute respondent...
• § 16-123-321 - Conciliation.
  (a) The Director of the Arkansas Fair Housing Commission, during the period beginning with the filing of a complaint and ending with the filing...
• § 16-123-322 - Temporary or Preliminary Relief.
  (a) If the Director of the Arkansas Fair Housing Commission concludes at any time following the filing of a complaint that prompt judicial action...
• § 16-123-323 - Investigative Report.
  (a) The Director of the Arkansas Fair Housing Commission shall prepare a final investigative report showing: (1) The names and dates of contacts with...
• § 16-123-324 - Reasonable Cause Determination.
  (a) The Director of the Arkansas Fair Housing Commission shall determine, based on the facts and after consultation with the office of the Attorney...
• § 16-123-325 - Charge.
  (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...
• § 16-123-326 - Land Use Law.
  If the Director of the Arkansas Fair Housing Commission determines the matter involves the legality of a state or local zoning ordinance or other...
• § 16-123-327 - Dismissal.
  (a) If the Director of the Arkansas Fair Housing Commission determines that no reasonable cause exists to believe that a discriminatory housing practice occurred...
• § 16-123-328 - Pending Civil Trial.
  The Director of the Arkansas Fair Housing Commission shall not issue a charge under this section regarding an alleged discriminatory housing practice after the...
• § 16-123-329 - Election of Judicial Determination.
  (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...
• § 16-123-330 - Attorney General -- Action for Enforcement.
  (a) If a timely election is made under § 16-123-329, the Arkansas Fair Housing Commission may authorize and the Attorney General may file and...
• § 16-123-331 - Administrative Hearing.
  (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...
• § 16-123-332 - Administrative Penalties.
  (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...
• § 16-123-333 - Effect of a Commission Order.
  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...
• § 16-123-334 - Licensed or Regulated Businesses.
  If the Arkansas Fair Housing Commission, § 16-123-303, issues an order with respect to a discriminatory housing practice that occurred in the course of...
• § 16-123-335 - Cooperation With State and Federal Agencies.
  (a) The Arkansas Fair Housing Commission is encouraged to cooperate with the Secretary of Housing and Urban Development and the Attorney General of the...
• § 16-123-336 - Civil Action.
  (a) An aggrieved person may file a civil action in a court of competent jurisdiction in the county where the respondent resides not later...
• § 16-123-337 - Court-Appointed Attorney.
  On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory housing practice is alleged, the court...
• § 16-123-338 - Relief.
  In a civil action under this subchapter, if the court finds that a discriminatory housing practice has occurred or is about to occur, the...
• § 16-123-339 - Effect If Relief Granted.
  Relief granted under this subchapter does not affect a contract, sale encumbrance, or lease that: (a) Was consummated before the granting of the relief;...
• § 16-123-340 - Intervention by Attorney General.
  (a) The Arkansas Fair Housing Commission may authorize the Attorney General to intervene and the Attorney General may intervene in an action if the...
• § 16-123-341 - Pattern and Practice Cases.
  (a) At the request of the Arkansas Fair Housing Commission, the Attorney General may file a civil action in a court of competent jurisdiction...
• § 16-123-342 - Subpoena Enforcement.
  The Arkansas Fair Housing Commission, on behalf of itself or other party at whose request a subpoena is issued under this subchapter, may enforce...
• § 16-123-343 - Prevailing Party.
  (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...
• § 16-123-344 - Intimidation or Interference.
  A person commits an offense if the person, whether or not acting under color of law, intentionally intimidates or interferes with or attempts to...
• § 16-123-345 - Incentives for Self-Testing and Self-Correction.
  (a) (1) A report or result of a self-test, as that term is defined by regulation of the Director of the Arkansas Fair Housing...
• § 16-123-346 - Fair Housing Education Program.
  (a) The Director of the Arkansas Fair Housing Commission shall establish a statewide education and outreach program through contracts with local governments or their...
• § 16-123-347 - Arkansas Fair Housing Commission Trust Fund.
  (a) There is hereby established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a...
• § 16-123-348 - Violations -- Bodily Injury -- Penalties.
  (a) It is unlawful for a person, whether or not acting under color of law, by force or threat of force, to willfully injure,...

Last modified: November 15, 2016