Conduct prohibited in real estate transactions — Exception

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  1. (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. (1) Refuse to engage in a real estate transaction with a person;

    2. (2) Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;

    3. (3) Refuse to receive from a person or transmit to a person a bona fide offer to engage in a real estate transaction;

    4. (4) Refuse to negotiate for a real estate transaction with a person;

    5. (5) Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or knowingly fail to bring a real property listing to a person's attention, or refuse to permit a person to inspect real property;

    6. (6) 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, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination; or

    7. (7) Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith.

  2. (b) This section shall not apply to:

    1. (1) The rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other if the owner or a member of the owner's immediate family resides in one (1) of the housing accommodations, or to the rental of a room or rooms in a single family dwelling by a person if the lessor or a member of the lessor's immediate family resides therein; or

    2. (2) The rental of a housing accommodation for not more than twelve (12) months by the owner or lessor where it was occupied by him or her and maintained as his or her home for at least three (3) months immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal residence.


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