§ 25-1451. Definitions.

A.  As used in Sections 1451 through 1453 of this title:

1.  "Elderly person" means any natural person fifty-five (55) years of age or older;

2.  "Dwelling" means:

a.any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families, or

b.any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described in subparagraph a of this paragraph;

3.  "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries, the state, and all political subdivisions and agencies thereof;

4.  "Restrictive covenants" means any specification limiting the transfer, rental, or lease of any dwelling because of race, color, religion, sex, national origin, age, disability, or familial status;

5.  "Discriminatory housing practices" means an act that is prohibited pursuant to Section 1452 of this title;

6.  "Disability" means a mental or physical impairment that substantially limits at least one major life activity, when there is a record of such an impairment, or the individual is regarded as having such an impairment.  The term does not include current illegal use of or addiction to any drug or illegal or federally controlled substance.  For purposes of Sections 1451 through 1453 of this title, "an individual with a disability" or "disability" does not apply to an individual because of sexual orientation or the sexual preference of the individual or because that individual is a transvestite;

7.  "Unlawful discriminatory practice because of age" means an act prohibited pursuant to Section 1452 of this title against a person at least eighteen (18) years of age or older solely on that basis;

8.  "Aggrieved person" means any person who:

a.claims to have been injured by a discriminatory housing practice, or

b.believes that he or she will be injured by a discriminatory housing practice that is about to occur;

9.  "Complainant" means a person or the Attorney General who files a complaint pursuant to Section 1452 of this title;

10.  "Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent, and the Attorney General’s Office of Civil Rights Enforcement;

11.  "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation;

12.  "Discriminatory housing practice" means an act prohibited by Section 1452 of this title;

13.  "Family" includes a single individual;

14.  "Respondent" means:

a.the person accused of a violation of Sections 1451 through 1453 of this title in a complaint of a discriminatory housing practice, or

b.any person identified as an additional or substitute respondent pursuant to Section 1502.5 of this title or an agent of an additional or substitute respondent; and

15.  "To rent" means to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

B.  For purposes of Sections 1451 through 1453 of this title, a discriminatory act is committed because of familial status only if the act is committed because the person who is the subject of discrimination is:

1.  Pregnant;

2.  Domiciled with an individual less than eighteen (18) years of age in regard to whom the person:

a.is the parent or legal custodian, or

b.has the written permission of the parent or legal custodian for domicile with that person; or

3.  In the process of obtaining legal custody of an individual less than eighteen (18) years of age.

Added by Laws 1985, c. 289, § 1.  Amended by Laws 1991, c. 177, § 2; Laws 2011, c. 270, § 13, eff. Nov. 1, 2011; Laws 2013, c. 214, § 6, emerg. eff. May 7, 2013.