reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status, or national origin.
Acts 2001, No. 1785, § 14.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-315 - Residential real estate-related transaction - Definition

(a)
A person whose business includes engaging in residential real estate-related transactions shall not discriminate against a person in making a real estate-related transaction available, or in the terms or conditions of a real estate-related transaction because of race, color, religion, sex, disability, familial status, or national origin.
(b)
As used in this section, "residential real estate-related transaction" means making or purchasing loans or providing other financial assistance:
(1)
To purchase, construct, improve, repair, or maintain a dwelling;
(2)
Secured by residential real estate; or
(3)
Selling, brokering, or appraising residential real property.
Acts 2001, No. 1785, § 16.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, sex, disability, familial status, or national origin.
Acts 2001, No. 1785, § 17.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 complaint shall be:
(1)
In writing and under oath; and
(2)
In the form specified and standardized by this subchapter and the rules promulgated by the Arkansas Fair Housing Commission, which shall not require that the complaint be notarized.
(c)
An aggrieved person shall not file later than one (1) year after an alleged discriminatory housing practice has occurred or terminated a complaint with the commission alleging the discriminatory housing practice.
(d)
Not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, the commission may file its own complaint.
(e)
A complaint may be reasonably and fairly amended at any time.
(f)
On the filing of a complaint, the director shall:
(1)
Give the aggrieved person notice that the complaint has been received;
(2)
Advise the aggrieved person of the time limits and choice of forums under this subchapter; and
(3)
Not later than the tenth day after the filing of the complaint or after the identification of an additional respondent under §
16-123-320
, provide each respondent:
(A)
Notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this subchapter; and
(B)
A copy of the original complaint.
Amended by Act 2019, No. 315,§ 1322, eff. 7/24/2019.
Acts 2001, No. 1785, § 18.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 respondent may file an answer to the complaint.
(b)
An answer must be:
(1)
In writing;
(2)
Under oath; and
(3)
In the form specified and standardized by this subchapter and the rules promulgated by the Arkansas Fair Housing Commission, which shall not require that the answer be notarized.
(c)
An answer may be reasonably and fairly amended at any time.
Amended by Act 2019, No. 315,§ 1323, eff. 7/24/2019.
Acts 2001, No. 1785, § 19; 2003, No. 1775, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 commence an investigation within thirty (30) days of receiving the complaint and shall complete the investigation no later than the one hundredth day after the complaint is filed, and shall dispose of all administrative proceedings related to the investigation not later than the first anniversary after the complaint is filed.
(b)
If the director is unable to complete an investigation within the time periods prescribed by subsection (a) of this section, the director shall notify the complainant and the respondent in writing of the reasons for the delay.
(c)
If the director is unable to begin an investigation within the time periods prescribed in subsection (a) of this section, the director shall notify the complainant and the respondent in writing of the reasons for the delay.
(d)
If the director is unable to dispose of all administrative proceedings related to the investigation of a complaint within one (1) year after the complaint is filed, the director shall notify the complainant and the respondent in writing of the reasons for the delay.
Acts 2001, No. 1785, § 20.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 if, in the course of the investigation, the director determines that the person may have committed a discriminatory housing practice.
(b)
In addition to the information required in the notice under §
16-123-317(f)(3)
, the director shall include in a notice to a respondent joined under this section an explanation of the basis for the determination that the person is properly joined as a respondent.
Acts 2001, No. 1785, § 21.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 of a charge or a dismissal by the director or the Arkansas Fair Housing Commission, to the extent feasible, shall engage in conciliation with respect to the complaint.
(b)
A conciliation agreement reached through conciliation is a written agreement between a respondent, the complainant, and the commission requiring approval from all three (3).
(c)
(1)
A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint.
(2)
A conciliation agreement may authorize appropriate relief, including monetary relief.
(d)
A conciliation agreement shall be made public, unless the complainant and respondent agree otherwise and the director determines that disclosure is not necessary to further the purposes of this subchapter.
(e)
If the director has reasonable cause to believe that a respondent has breached a conciliation agreement, the director may authorize and the Attorney General may file a civil action for the enforcement of the conciliation agreement as provided by §
16-123-330
.
(f)
No statements or actions made within the course of conciliation may be made public or used as evidence in a subsequent proceeding under this subchapter without the written consent of the persons concerned.
(g)
After completion of the director's investigation, the director shall make available to the aggrieved person and the respondent, at any time, information derived from the investigation and the final report related to that investigation.
Amended by Act 2017, No. 473,§ 1, eff. 8/1/2017.
Acts 2001, No. 1785, § 22; 2005, No. 250, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 is necessary to carry out the purposes of this subchapter, and after consultation with the office of the Attorney General, the director may authorize the filing by the Attorney General of a civil action in a court of competent jurisdiction in the county where the respondent resides for appropriate temporary or preliminary relief pending final disposition of the complaint.
(b)
The filing of a civil action under this section does not affect the initiation or continuation of an administrative proceeding entitled "administrative hearing" under §
16-123-331
.
Amended by Act 2017, No. 473,§ 2, eff. 8/1/2017.
Acts 2001, No. 1785, § 23; 2005, No. 250, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 witnesses;
(2)
A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts;
(3)
A summary description of other pertinent records;
(4)
A summary of witness statements; and
(5)
Answers to interrogatories.
(b)
A final report under this section may be amended if additional evidence is later discovered.
Acts 2001, No. 1785, § 24.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 General, whether reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur.
(b)
The director shall make the determination under subsection (a) of this section not later than the one hundredth day a complaint is filed unless:
(1)
It is impracticable to make the determination; or
(2)
The director has approved a conciliation agreement relating to the complaint.
(c)
If it is impracticable to make the determination within the time period provided by subsection (b) of this section, the director shall notify the complainant and respondent in writing of the reasons for the delay.
(d)
If the director determines that reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the director shall immediately issue a charge on behalf of the aggrieved person, except as provided by §
16-123-326
.
Acts 2001, No. 1785, § 25.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 the Arkansas Fair Housing Commission has found reasonable cause to believe that a discriminatory housing practice occurred or is about to occur;
(2)
Be based on the investigation; and
(3)
Not necessarily be limited to the facts or grounds alleged in the complaint.
(b)
The director shall immediately send a copy of the charge with information concerning the process of election of judicial determination, as under §
16-123-329
, to:
(1)
Each respondent, together with a notice of the opportunity for a hearing provided by §
16-123-331
; and
(2)
Each aggrieved person on whose behalf the complaint was filed.
Acts 2001, No. 1785, § 26; 2003, No. 1775, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 land use law or ordinance, the director shall not issue a charge, but shall immediately refer the matter to the Attorney General for appropriate action.
Acts 2001, No. 1785, § 27.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 or is about to occur, the director shall promptly dismiss the complaint.
(b)
The director shall disclose each dismissal under this section both to the public and to all affected parties.
Acts 2001, No. 1785, § 28.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 commencement of a civil action commenced under federal or state law or this subchapter seeking determination with respect to an alleged discriminatory housing practice.
Acts 2001, No. 1785, § 29.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 filed may elect to have the claims asserted in that charge decided in a civil action.
(b)
The election shall be made no later than the twentieth day after the date of receipt by the electing person of service under §
16-123-325
or, in the case of the Arkansas Fair Housing Commission, not later than the twentieth day after the date the charge was issued.
(c)
The person making the election shall give notice to the commission and to all other complainants and respondents to whom the charge relates.
Acts 2001, No. 1785, § 30.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-330 - Attorney General - Action for enforcement

(a)
If a timely election is made under §
16-123-329
, the Arkansas Fair Housing Commission shall authorize and the Attorney General shall file and maintain on behalf of the aggrieved person a civil action in a court of competent jurisdiction seeking appropriate relief under this section.
(b)
If the commission determines, as under §
16-123-321
, and after consultation with the office of the Attorney General, that a conciliation agreement has been breached by the respondent, the Attorney General may file a civil action on behalf of the aggrieved person in a court of competent jurisdiction in the county where the party seeking enforcement of the conciliation agreement resides.
(c)
An aggrieved person may intervene in the civil action.
(d)
If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief that a court may grant in a civil action under this subchapter.
Amended by Act 2019, No. 385,§ 3, eff. 7/24/2019.
Amended by Act 2017, No. 473,§ 3, eff. 8/1/2017.
Acts 2001, No. 1785, § 31; 2003, No. 1775, § 6; 2005, No. 250, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 for an administrative hearing on the charge.
(2)
(A)
The administrative hearing will be adjudicated by the commission.
(B)
In that proceeding or any factually related proceeding under this section, no officer, employee, or agent of the State of Arkansas engaged in the performance of investigative, conciliatory, or prosecutorial functions in connection with the proceeding shall participate in or advise on the decision of the commission, except as a witness or counsel during the proceedings.
(b)
Except as provided in this section, the Arkansas Administrative Procedure Act, §
25-15-201
et seq., governs a hearing and an appeal of a hearing under this section.
Acts 2001, No. 1785, § 32.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 engage in a discriminatory housing practice, the commission may order the appropriate relief, including actual damages, reasonable attorney's fees, and court costs.
(b)
To vindicate the public interest, the commission may assess a civil penalty against the respondent in an amount that does not exceed:
(1)
Eleven thousand dollars ($11,000) if the respondent has not been adjudged by order of the commission or a court to have committed a prior discriminatory housing practice;
(2)
Except as provided by subsection (c) of this section, twenty-seven thousand five hundred dollars ($27,500) if the respondent has been adjudged by order of the commission or a court to have committed one (1) other discriminatory housing practice during the five-year period ending on the date of the filing of this charge; and
(3)
Except as provided by subsection (c) of this section, fifty-five thousand dollars ($55,000) if the respondent has been adjudged by order of the commission or a court to have committed three (3) or more discriminatory housing practices during the five-year period ending on the date of the filing of the charge.
(c)
If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in subdivisions (b)(2) and (3) of this section may be imposed without regard to the period of time within which any other discriminatory housing practice occurred.
(d)
In addition to all other penalties set forth in this subchapter, the commission may require the respondent to complete up to thirty (30) classroom hours of fair housing education courses designated by the commission or up to thirty (30) hours of community service designated by the commission, or both.
Acts 2001, No. 1785, § 33; 2003, No. 1775, § 7.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 commission issued the order; and
(2)
Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed under this subchapter.
Acts 2001, No. 1785, § 34.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-334 - Licensed or regulated businesses

If the Arkansas Fair Housing Commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a government agency, the commission, not later than thirty (30) days after the issuance of the order, shall send copies of the findings of fact, conclusions of law, and the order to the governmental agency.
Acts 2001, No. 1785, § 35.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-335 - Cooperation with state and federal agencies

(a)
The Arkansas Fair Housing Commission is encouraged to cooperate with the United States Secretary of Housing and Urban Development and the United States Attorney General in the enforcement of the Fair Housing Act of 1968,
42 U.S.C. § 3601
et seq., as in effect January 1, 2001, and may assist the United States Secretary of Housing and Urban Development or the United States Attorney General in any way consistent with the policies of this subchapter.
(b)
The commission shall treat a complaint referred by the United States Secretary of Housing and Urban Development or the United States Attorney General under the Fair Housing Act of 1968,
42 USC § 3601
et seq., as in effect January 1, 2001, as a complaint filed under this section.
Acts 2001, No. 1785, § 36.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 than two (2) years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this subchapter, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or enforcement of a conciliation agreement.
(b)
(1)
The two-year period does not include any time during which an administrative proceeding under this subchapter is pending with respect to a complaint or charge under this subchapter based on the discriminatory housing practice.
(2)
This subsection does not apply to actions arising from a breach of a conciliation agreement.
(c)
Except as otherwise provided in subsection (e) of this section, an aggrieved person may file an action under this section whether or not a complaint has been filed under §
16-123-317
, and without regard to the status of any complaint filed under that section.
(d)
If the Arkansas Fair Housing Commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the conciliation agreement.
(e)
An aggrieved person may not file a civil action under this section with respect to the alleged discriminatory housing practice forming the basis of that charge after the actual commencement of an administrative hearing.
Acts 2001, No. 1785, § 37; 2003, No. 1775, § 8.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 may appoint an attorney for the person to the extent provided by applicable law concerning indigents in civil actions.
Acts 2001, No. 1785, § 38.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 court may award to the plaintiff:
(1)
Compensatory and punitive damages;
(2)
Reasonable attorney's fees;
(3)
Court costs; and
(4)
Subject to §
16-123-339
, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the discriminatory housing practice or ordering affirmative action as may be appropriate.
Acts 2001, No. 1785, § 39.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-339 - Effect if relief granted

Relief granted under this subchapter does not affect a contract, sale encumbrance, or lease that:
(1)
Was consummated before the granting of the relief; and
(2)
Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under this subchapter or a civil action under this subchapter.
Acts 2001, No. 1785, § 40.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 case is of general public importance.
(b)
The Attorney General may obtain the same relief available under §
16-123-341
.
Acts 2001, No. 1785, § 41; 2005, No. 250, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 in the county where the respondent resides for appropriate relief if the Attorney General has reasonable cause to believe that:
(1)
A person is engaged in a pattern or practice of resistance to the full enjoyment of any right granted by this subchapter; or
(2)
A person has been denied any right granted by this subchapter and that denial raises an issue of general public importance.
(b)
In an action under this section the court may:
(1)
Award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this subchapter as necessary to assure the full enjoyment of the right granted by this subchapter;
(2)
Award other appropriate relief, including monetary damages, reasonable attorney's fees, and court costs; and
(3)
To vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed:
(A)
Fifty thousand dollars ($50,000) for a first violation; and
(B)
One hundred thousand dollars ($100,000) for a second or subsequent violation.
(c)
A person may intervene in an action under this section if the person is:
(1)
An aggrieved person to the discriminatory housing practice; or
(2)
A party to a conciliation agreement concerning the discriminatory housing practice.
Acts 2001, No. 1785, § 42.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 the subpoena in appropriate proceedings in a court of competent jurisdiction in the county where the respondent resides.
Acts 2001, No. 1785, § 43.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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
may award reasonable attorney's fees to the prevailing party.
(b)
However, nothing contained in this subchapter shall waive the sovereign immunity of the State of Arkansas or any of its officials, agencies, departments, boards, or commissions.
Acts 2001, No. 1785, § 44; 2005, No. 250, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 intimidate or interfere with a person:
(1)
Because of the person's race, color, religion, sex, disability, familial status, or national origin and because the person is or has been selling, purchasing, renting, financing, occupying, or contracting, or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings; or
(2)
Because the person is or has been, or to intimidate the person from:
(A)
Participating, without discrimination because of race, color, religion, sex, disability, familial status, or national origin, in an activity, service, organization, or facility described in subdivision (1) of this section;
(B)
Affording another person opportunity or protection to so participate; or
(C)
Lawfully aiding or encouraging other persons to participate, without discrimination because of race, color, religion, sex, disability, familial status, or facility described in subdivision (1) of this section.
Acts 2001, No. 1785, § 45; 2003, No. 1775, § 9.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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 agencies, public or private nonprofit organizations or institutions, or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices.
(b)
The program shall be designed to provide a centralized, coordinated effort for the development and dissemination of fair housing media products, including:
(1)
Public service announcements, both audio and video;
(2)
Television, radio, and print advertisements;
(3)
Posters; and
(4)
Pamphlets and brochures.
(c)
The director shall encourage cooperation with real estate industry organizations in the program.
(d)
The director shall encourage the dissemination of educational information and technical assistance to support compliance with the housing adaptability and accessibility guidelines contained in the Fair Housing Act Amendments of 1988,
42 U.S.C. §§ 3601-3631
,
2341
, and
2342
.
Acts 2001, No. 1785, § 47.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-347 - Arkansas Fair Housing Commission Trust Fund

(a)
There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Arkansas Fair Housing Commission Trust Fund".
(b)
The fund shall consist of:
(1)
Funds received by the Arkansas Fair Housing Commission, and any other moneys as may be provided by the General Assembly, there to be used for the administration and operations of the commission; and
(2)
Any administrative or civil penalty levied and collected pursuant to this subchapter, to be solely used for fair housing education of the public and the operational expenses of the commission.
(c)
The appropriation to the commission providing for "public education" may be used to fund all expenses incurred in conducting educational seminars and other forms of educational projects for use and benefit generally of the public, including the production and distribution of information literature of an educational nature.
Acts 2001, No. 1785, § 48; 2003, No. 1011, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 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, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with:
(1)
Any person because of his or her race, color, religion, sex, disability, as defined in §
16-123-302
, familial status, as defined in §
16-123-302
, or national origin or because the person is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organizations, or facility relating to the business of selling or renting dwellings;
(2)
Any person because he or she is or has been, or in order to intimidate the person or any other person or any class of persons from:
(A)
Participating, without discrimination on account of race, color, religion, sex, disability, as defined in §
16-123-302
, familial status, as defined in §
16-123-302
, or national origin, in any of the activities, services, organizations, or facilities described in subdivision (a)(1) of this section; or
(B)
Affording any person or class of persons opportunity or protection so to participate; or
(3)
Any citizen because he or she is or has been, or in order to discourage the citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, disability, as defined in §
16-123-302
, familial status, as defined in §
16-123-302
, or national origin, in any of the activities, services, organizations, or facilities described in subdivision (a)(1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
(b)
A person who violates any provision of subsection (a) of this section shall:
(1)
If the violation results in bodily injury, be fined not more than two hundred fifty thousand dollars ($250,000) or be imprisoned for not more than ten (10) years, or both;
(2)
If the violation results in death, be imprisoned for not less than ten (10) years or life;
(3)
If the violation results in property damage exceeding one hundred dollars ($100) or if the violation involves the use or attempted use of fire or a firearm, be fined not more than two hundred fifty thousand dollars ($250,000) or be imprisoned for not more than five (5) years, or both; or
(4)
Otherwise, be fined not more than one hundred thousand dollars ($100,000) or be imprisoned for not more then one (1) year, or both.
Acts 2001, No. 1785, § 49; 2003, No. 1775, § 12.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 4 - RELIGIOUS FREEDOM RESTORATION ACT (§§ 16-123-401 — 16-123-407) › Section 16-123-401 - Title

This subchapter shall be known and may be cited as the "Religious Freedom Restoration Act".
Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 4 - RELIGIOUS FREEDOM RESTORATION ACT (§§ 16-123-401 — 16-123-407) › Section 16-123-402 - Legislative intent

It is the intent of the General Assembly:
(1)
To restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963), and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases in which free exercise of religion is substantially burdened;
(2)
That this subchapter be interpreted consistent with the Religious Freedom Restoration Act of 1993,
42 U.S.C. § 2000bb
, federal case law, and federal jurisprudence; and
(3)
To provide a claim or defense to persons whose religious exercise is substantially burdened by government.
Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 4 - RELIGIOUS FREEDOM RESTORATION ACT (§§ 16-123-401 — 16-123-407) › Section 16-123-403 - Definitions

As used in this subchapter:
(1)
"Compelling governmental interest" means a governmental interest of the highest order as long-recognized in the history and traditions of this state, that is necessary to advance a vital interest and cannot otherwise be achieved without burdening the exercise of religion;
(2)
"Demonstrates" means meets the burdens of going forward with the evidence and of persuasion;
(3)
(A)
"Exercise of religion" means the practice or observance of religion.
(B)
"Exercise of religion" includes without limitation an action that is motivated by a sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief;
(4)
"Government" includes a branch, department, agency, instrumentality, political subdivision, official, or other person acting under color of state law or using any instrumentality of the state to enforce a law, regulation, rule, or policy of the government;
(5)
"Person" means an individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity;
(6)
"State law" includes without limitation a law of a political subdivision, an ordinance, rule, regulation, or policy, whether statutory or otherwise, or other action by the state or any political subdivision of the state or by any public official authorized by law in the state; and
(7)
(A)
"Substantially burden" means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion.
(B)
"Substantially burden" includes without limitation withholding benefits, assessing criminal, civil, or administrative penalties or damages, or exclusion from governmental programs or access to governmental facilities.
Amended by Act 2023, No. 733,§ 2, eff. 8/1/2023.
Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.
Act 2023, No. 733provides that his act shall be known and may be cited as the "Conscience Protection Act".
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 4 - RELIGIOUS FREEDOM RESTORATION ACT (§§ 16-123-401 — 16-123-407) › Section 16-123-404 - Free exercise of religion protected

(a)
A government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, unless it is demonstrated that application of the burden to the person in this particular instance is:
(1)
Essential to further a compelling governmental interest; and
(2)
The least restrictive means of furthering that compelling governmental interest.
(b)
(1)
A person whose religious exercise has been burdened, or will be burdened, in violation of this section may assert that violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the government is a party to the proceeding, and obtain appropriate relief against a government, including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney's fees and costs.
(2)
Standing to assert a claim or defense under this section is governed by the general rules of standing under statute, the Arkansas Rules of Criminal Procedure, the Arkansas Rules of Civil Procedure, or any court holding from the state's appellate courts.
(c)
An action under this subchapter may be commenced and relief may be granted without regard to whether the person commencing the action has sought or exhausted all available administrative remedies.
Amended by Act 2023, No. 733,§ 3, eff. 8/1/2023.
Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 4 - RELIGIOUS FREEDOM RESTORATION ACT (§§ 16-123-401 — 16-123-407) › Section 16-123-405 - Construction and applicability

(a)
This subchapter applies to all state law, and the implementation of state law, whether statutory or otherwise, and whether adopted before or after April 2, 2015.
(b)
State statutory law adopted after April 2, 2015, is subject to this subchapter unless the state statutory law explicitly excludes the application by reference to this subchapter.
(c)
This subchapter does not authorize any part of a government to burden a religious belief.
Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.