Unfair and deceptive practices defined.

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§445-95.2 Unfair and deceptive practices defined. The following are defined as unfair or deceptive practices in the rooming house business:

(1) Requiring, seeking, or encouraging any resident or prospective resident to execute a power of attorney in which the resident or prospective resident names the rooming house, its owner, or any of its agents or employees as attorney-in-fact;

(2) Making any representation that the rooming house offers medical care, rehabilitation, or therapeutic benefits of any type;

(3) Negotiating public assistance checks payable to a resident;

(4) Refusing to refund any deposit as provided in sections 521-44(c) and 521-66;

(5) Refusing to give any resident a partial rent refund in accordance with section 521-66;

(6) Encouraging, soliciting, or requiring any resident or prospective resident to consent to the release of information concerning the resident or prospective resident which is maintained by any government agency and otherwise confidential;

(7) Encouraging, soliciting, or requiring a resident or prospective resident to:

(A) Turn over food stamps to the rooming house, its agents, or employees; or

(B) Permit authorization to purchase (ATP) food stamp cards to be negotiated by the rooming house, its agents, or employees;

(8) Limiting, hindering, or restricting access of residents who are food stamp recipients to foodstuffs, food containers, refrigerators, or other food storage facilities;

(9) Encouraging, soliciting, or requiring any resident or prospective resident to apply for or receive food stamps if the rooming house has meal service;

(10) Accepting food stamps as payment for or in reduction of rent;

(11) Charging different rents for similar accommodations based on the amount of a resident's public assistance benefits;

(12) Encouraging, soliciting, or requiring any resident or prospective resident to have public assistance benefits mailed to the rooming house, its owner, or its agents or employees; and

(13) Denying any prospective resident or evicting any resident from living accommodations solely on the basis of age or disability. [L 1988, c 313, pt of §3]


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