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This entry was published on 2014-09-22
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SECTION 237-A
Discrimination against children in dwelling houses and manufactured home parks
Real Property (RPP) CHAPTER 50, ARTICLE 7
§ 237-a. Discrimination against children in dwelling houses and
manufactured home parks. a. Any person, firm or corporation owning or
having in charge any apartment house, tenement house or other building
or manufactured home park used for dwelling purposes who shall refuse to
rent any or part of any such building or manufactured home park to any
person or family, or who discriminates in the terms, conditions, or
privileges of any such rental, solely on the ground that such person or
family has or have a child or children shall be guilty of a misdemeanor
and on conviction thereof shall be punished by a fine of not less than
fifty nor more than one hundred dollars for each offense; provided,
however, the prohibition against discrimination against children in
dwelling houses and manufactured home parks contained in this section
shall not apply to:

(1) housing units for senior citizens subsidized, insured, or
guaranteed by the federal government; or

(2) one or two family owner occupied dwelling houses or manufactured
homes; or

(3) manufactured home parks intended and operated for occupancy by
persons fifty-five years of age or older. In determining whether housing
is intended and operated for occupancy by persons fifty-five years of
age or older, Sec. 807(b)(2)(c)(42 U.S.C. 3607(b)(2)(c)) of the federal
Fair Housing Act of 1988, as amended, shall apply.

b. Civil liability:

(1) where discriminatory conduct prohibited by this section has
occurred, an aggrieved individual shall have a cause of action in any
court of appropriate jurisdiction for damages, declaratory and
injunctive relief;

(2) in all actions brought under this section, reasonable attorney's
fees as determined by the court may be awarded to a prevailing
plaintiff.