Arkansas · State law

Arkansas Civil Rights & Fair Housing Acts

Arkansas writes its fair housing protections into its own law, and for a homeowner two things stand out. A restrictive covenant that limits use or occupancy on a protected ground is void, and nobody may honor one in the chain of title. And the reasonable-accommodation duty expressly reaches public and common use areas — the pool, the clubhouse, the parking. There are also two routes to court here, which is unusual. The full chapter text, hosted for reference, with a plain-language guide for homeowners.

A.C.A. A.C.A. Tit. 16 · Ch. 123 §§ 16-123-101 – 16-123-607 84 Sections

What this means for homeowners

Title 16, Chapter 123 carries Arkansas’s civil rights law. Six subchapters are hosted below, but for someone dealing with a homeowners’ association the ones that matter are Subchapter 2, the Arkansas Fair Housing Act (§§ 16-123-201 to 16-123-210), and Subchapter 3, which creates the Arkansas Fair Housing Commission and carries the detailed prohibitions and enforcement machinery (§§ 16-123-301 to 16-123-348).

Yes, there are genuinely two of them. Arkansas has a short fair housing act with its own private remedy, and a longer commission-based scheme with its own prohibitions, exemptions, administrative process and civil action. They overlap. Which one you use affects your deadline and your remedy, so it is worth knowing both exist — a point most summaries of Arkansas law skip.

The provision that speaks directly to HOA covenants

Section 16-123-206 is the one to know if a restriction in your declaration looks discriminatory. “A condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of religion, race, color, national origin, sex, disability, or familial status is void.”

Two features make it unusually strong. It reaches restrictions that limit use or occupancy indirectly, not only those that discriminate on their face. And subsection (b) goes further than voiding the clause: a person shall not insert such a provision in a written instrument relating to real property, or honor such a provision in the chain of title. An old covenant does not become enforceable through age — enforcing it is itself prohibited conduct.

The same section also bars threatening, intimidating or interfering with people in the enjoyment of their dwelling because of race, color, national origin, sex or familial status — including because of the characteristics of their visitors or associates (§ 16-123-206(c)). There is a narrow carve-out allowing a religious organization to limit or prefer occupancy of dwellings it owns for non-commercial purposes to persons of the same religion, unless membership in that religion is itself restricted on another protected ground.

Disability: accommodations, modifications, and common areas

As in most states, disability sits in its own section rather than in the general list. Section 16-123-314 prohibits discrimination in the sale or rental of a dwelling, or in the terms, conditions or privileges of sale or rental or in the provision of services or facilities, because of the disability of the buyer or renter, a person who will reside there, or a person associated with them.

Then it defines what counts as discrimination, and this is where an HOA is squarely in scope:

Refusing reasonable modifications. A refusal to permit reasonable modifications of the premises, at the disabled person’s expense, where necessary for full enjoyment (§ 16-123-314(c)(1)). An owner may, where reasonable, condition permission on restoring the premises afterward (reasonable wear and tear excepted), and may also reasonably require a description of the proposed modifications, assurance the work will be professional, that permits will be obtained, and that the work will be paid for (§ 16-123-314(c)(1)(A), (B)).
Refusing reasonable accommodations in rules, policies, practices or services where necessary to give a person with a disability equal opportunity to use and enjoy a dwelling — and the statute says in terms “including public and common use areas” (§ 16-123-314(c)(2)). That language puts the clubhouse, the pool, the parking and the walkways inside the duty, which matters a great deal in a community association.
Accessible design and construction for covered multifamily dwellings first occupied after February 1, 2004 — accessible public and common use portions, doors wide enough for wheelchairs, and interior features of adaptive design (§ 16-123-314(c)(3)). Note the Arkansas date differs from the federal one.

The general prohibitions

§ 16-123-310 — because of race, color, religion, sex, familial status or national origin, no refusing to sell or rent after a bona fide offer, no refusing to negotiate, no otherwise making a dwelling unavailable, and no discrimination in the terms, conditions or privileges of sale or rental or in services or facilities provided in connection with it. Disability is not in this list because it has its own section.
§ 16-123-204 — the Subchapter 2 counterpart, which does list disability alongside the others, and which reaches anyone “engaging in a real estate transaction” as well as brokers and salespersons. It covers refusing to engage or negotiate, discriminating in terms or in the furnishing of facilities or services, refusing to transmit a bona fide offer, falsely representing that property is unavailable, and discriminatory advertising.
§ 16-123-312 — no representing, because of race, color, religion, sex, disability, familial status or national origin, that a dwelling is unavailable for inspection, sale or rental when it is in fact available. Note that this list, unlike § 16-123-310’s, does include disability.
§ 16-123-344 — intimidating or interfering with someone because of a protected characteristic in connection with selling, buying, renting, financing or occupying a dwelling, or because they participated in or aided others in those activities, is an offense.
Retaliation is separately prohibited against anyone who opposed a violation, made a charge, filed a complaint, testified or assisted in a proceeding — and against an employee or agent who refused to take part in a discriminatory housing practice (§§ 16-123-208, 16-123-206(d)).

Two routes, two clocks

This is where the overlap between the subchapters becomes practical.

Straight to court under Subchapter 2. A person alleging a violation of that subchapter may bring a civil action for injunctive relief or damages, or both, with “damages” expressly defined to include reasonable attorney’s fees. Venue is the county where the violation occurred or where the defendant resides or has its principal place of business (§ 16-123-210).
Complaint to the Fair Housing Commission under Subchapter 3. A written, sworn complaint — which the statute says may not be required to be notarized — filed no later than one year after the discriminatory housing practice occurred or terminated (§ 16-123-317(b), (c)). The Commission may also file its own complaint within a year. What follows is investigation, possible conciliation, a reasonable cause determination, and potentially an administrative hearing.
Or a civil action under Subchapter 3, filed within two years of the occurrence or termination of the practice, or of the breach of a conciliation agreement, whichever is last, with the two-year clock not running while an administrative proceeding on the same practice is pending — though that tolling does not apply to an action for breach of a conciliation agreement (§ 16-123-336(a), (b)). You may file whether or not you filed an administrative complaint and without regard to its status — but subject to two hard limits that can close the courthouse door.
Limit one: once an administrative hearing has actually commenced on the charge, you may no longer file the civil action (§ 16-123-336(e)). Subsection (c) opens “Except as otherwise provided in subsection (e)” — so the freedom to sue regardless of the administrative case is not open-ended.
Limit two: if the Commission obtained a conciliation agreement with your consent, you may sue only to enforce its terms, not on the underlying discriminatory practice (§ 16-123-336(d)).
So decide your forum before the hearing starts. After a charge is issued, a complainant, a respondent or the aggrieved person may elect to have the claims decided in a civil action instead — but the election must be made no later than the twentieth day after service of the charge (§ 16-123-329(a), (b)). Letting the matter drift to hearing forfeits the court route.

What a court can award. Under § 16-123-338, if the court finds a discriminatory housing practice occurred or is about to occur, it may award compensatory and punitive damages, reasonable attorney’s fees, court costs, and injunctive relief including a temporary restraining order or an order barring the practice. Note how the fee rules stack, because neither route is fee-safe. Both carry a discretionary prevailing-party rule that cuts both ways — § 16-123-210(c) for Subchapter 2 and § 16-123-343(a) for Subchapter 3, under which the Commission may also award fees in an administrative hearing. Subchapter 2 then adds two provisions that run only one direction: § 16-123-210(a)(2) folds reasonable attorney’s fees into the definition of “damages”, and § 16-123-210(d) lets the court award costs of litigation, including attorney’s fees and witness fees, to the complainant. A losing plaintiff can be assessed fees under either route.

Exemptions worth checking first

Subchapter 3 carries the familiar set, and they are narrower than people assume. The “sale or rental by an owner” exemption at § 16-123-306 reaches a single-family house sold or rented by an owner, or rooms in a dwelling with living quarters for no more than four families where the owner occupies one — but only if all four conditions in § 16-123-306(a) hold: the owner does not own more than three single-family houses at any one time; only one sale in any 24-month period where the owner was not residing in the house and was not its most recent resident; the owner holds no reserved interest in the proceeds of more than three such houses; and the house is sold or rented without any real estate broker, agent or salesperson and without an advertisement that violates § 16-123-311. Using a listing agent or running a discriminatory ad defeats the exemption outright, which is usually how it fails in practice. There are also exemptions for religious organizations and private clubs (§ 16-123-307) and for appraisals (§ 16-123-308), and § 16-123-309 addresses the chapter’s effect on other law.

The three exemptions are not scoped alike, and this matters. The owner-sale exemption at § 16-123-306 is the narrow one: by its own terms it switches off only §§ 16-123-310 and 16-123-312 through 16-123-314 — nothing else in Subchapter 3, and not the anti-intimidation provision at § 16-123-344. The religious-organization, private-club and appraisal exemptions are drawn much more broadly: §§ 16-123-307 and 16-123-308 each say “this subchapter” does not prohibit the conduct they describe, so they reach the whole of Subchapter 3. None of the three touches Subchapter 2, which carries its own narrower exceptions. And in practice an association enforcing covenants against an existing owner is not making the kind of owner-occupied private sale these exemptions were written for.

Two rules inside § 16-123-307 that an association will meet directly. First, occupancy standards: nothing in the subchapter prohibits refusing to rent by reason of reasonable occupancy standards that apply to persons of all ages and were adopted and published before the event in issue, and a limit of two persons per bedroom is presumed reasonable in Arkansas (§ 16-123-307(c)(2), (3)). Second, age-restricted communities: nothing in the subchapter regarding familial status applies to housing for older persons — housing intended for and solely occupied by persons 62 or older, or intended and operated for persons 55 or older where at least 80% of occupied units have at least one resident 55 or older and the community publishes and adheres to qualifying policies and complies with the director’s verification rules (§ 16-123-307(c)(4), (d)(1)). A person who reasonably relied in good faith on the older-persons exemption is not personally liable for damages, where good faith requires no actual knowledge of ineligibility and a formal written statement of compliance by the community (§ 16-123-307(d)(4)).

The older civil rights subchapter

Subchapter 1, the Arkansas Civil Rights Act of 1993, is mostly aimed at employment and public accommodation, but § 16-123-107(a) declares the right to be free from discrimination because of race, religion, national origin, gender, or the presence of any sensory, mental or physical disability — and lists among its components the right to engage in property transactions without discrimination and the right to engage in contractual transactions without discrimination. It is a general civil-rights declaration rather than a housing-specific scheme, and for a housing dispute the fair housing subchapters are the more direct tools.

How it fits with federal law and Arkansas’s other community laws

These state protections run in parallel with the federal Fair Housing Act, and the federal Americans with Disabilities Act may reach areas of a community open to the public. A complaint can go to the Arkansas Fair Housing Commission or to HUD, or you can sue. On the community-law side, condominiums are governed by the Horizontal Property Act, and the corporate layer is either the Nonprofit Corporation Act of 1993 or the 1963 Act, depending on when your association was incorporated. Return to the Arkansas HOA laws hub for the full set.

Source. Reproduced from the Arkansas Code of 1987 Annotated, unofficially updated by LexisNexis through the legislation of the First Extraordinary Session, 2026, A.C.A. § 16-123-101 et seq. (the “Arkansas Civil Rights Act of 1993”), as published by LexisNexis for the State of Arkansas. Provided for reference and convenience; it may not reflect the most recent amendments, so always confirm the current text against the official source.

Contents · 84 sections ▾

Subchapter 1 — Arkansas Civil Rights Act of 1993
16-123-101 Title.
16-123-102 Definitions.
16-123-103 Applicability.
16-123-104 Construction.
16-123-105 Civil rights offenses.
16-123-106 Hate offenses.
16-123-107 Discrimination offenses.
16-123-108 Retaliation — Interference — Remedies.
Subchapter 2 — Arkansas Fair Housing Act
16-123-201 Title.
16-123-202 Definitions.
16-123-203 Legislative declaration.
16-123-204 Conduct prohibited in real estate transactions — Exception.
16-123-205 Conduct in real estate financing prohibited — Exception.
16-123-206 Contractual provisions.
16-123-207 Representations prohibited.
16-123-208 Retaliation.
16-123-209 Violation.
16-123-210 Civil remedy — Definition.
Subchapter 3 — Arkansas Fair Housing Commission
16-123-301 Finding.
16-123-302 Definitions.
16-123-303 Creation — Members.
16-123-304 Powers and duties.
16-123-305 Director.
16-123-306 Exemptions — Certain sales and rentals.
16-123-307 Exemptions — Religious organizations, private clubs, and others — Definitions.
16-123-308 Exemption — Appraisals.
16-123-309 Effect on other law.
16-123-310 Discrimination in sale or rental of housing.
16-123-311 Publication indicating discrimination.
16-123-312 Availability for inspection.
16-123-313 Entry into neighborhood.
16-123-314 Disability — Definition.
16-123-315 Residential real estate-related transaction — Definition.
16-123-316 Brokerage services.
16-123-317 Complaint.
16-123-318 Answer.
16-123-319 Investigation.
16-123-320 Additional or substitute respondent.
16-123-321 Conciliation.
16-123-322 Temporary or preliminary relief.
16-123-323 Investigative report.
16-123-324 Reasonable cause determination.
16-123-325 Charge.
16-123-326 Land use law.
16-123-327 Dismissal.
16-123-328 Pending civil trial.
16-123-329 Election of judicial determination.
16-123-330 Attorney General — Action for enforcement.
16-123-331 Administrative hearing.
16-123-332 Administrative penalties.
16-123-333 Effect of a commission order.
16-123-334 Licensed or regulated businesses.
16-123-335 Cooperation with state and federal agencies.
16-123-336 Civil action.
16-123-337 Court-appointed attorney.
16-123-338 Relief.
16-123-339 Effect if relief granted.
16-123-340 Intervention by Attorney General.
16-123-341 Pattern and practice cases.
16-123-342 Subpoena enforcement.
16-123-343 Prevailing party.
16-123-344 Intimidation or interference.
16-123-345 Incentives for self-testing and self-correction.
16-123-346 Fair housing education program.
16-123-347 Arkansas Fair Housing Commission Trust Fund.
16-123-348 Violations — Bodily injury — Penalties.
Subchapter 4 — Religious Freedom Restoration Act
16-123-401 Title.
16-123-402 Legislative intent.
16-123-403 Definitions.
16-123-404 Free exercise of religion protected.
16-123-405 Construction and applicability.
16-123-406 Interpretation.
16-123-407 Exemptions.
Subchapter 5 — Antisemitism
16-123-501 Intent.
16-123-502 Definitions.
16-123-503 Construction.
16-123-504 Clarification of antisemitism related to discriminatory acts.
Subchapter 6 — Religious Nondiscrimination
16-123-601 Legislative intent.
16-123-602 Definitions.
16-123-603 Religious discrimination prohibited.
16-123-604 Remedies.
16-123-605 Rules of construction.
16-123-606 Degrees, licensure, and certification.
16-123-607 Beliefs regarding biological sex or marriage.

Subchapter 1 — Arkansas Civil Rights Act of 1993

§ 16-123-101 Title.

This subchapter shall be referred to as the “Arkansas Civil Rights Act of 1993”.

§ 16-123-102 Definitions.

As used in this subchapter:

(1) “Because of gender” means, but is not limited to, on account of pregnancy, childbirth, or related medical conditions;

(2) “Because of national origin” includes without limitation on account of a natural, protective, or cultural hairstyle;

(3) “Because of race” includes without limitation on account of a natural, protective, or cultural hairstyle;

(4) “Compensatory damages” means damages for mental anguish, loss of dignity, and other intangible injuries, but “compensatory damages” does not include punitive damages;

(5) “Disability” means a physical or mental impairment that substantially limits a major life function, but “disability” does not include:

(A) Compulsive gambling, kleptomania, or pyromania;

(B) Current use of illegal drugs or psychoactive substance use disorders resulting from illegal use of drugs; or

(6) “Employee” does not include:

(A) Any individual employed by his or her parents, spouse, or child;

(B) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility; or

(7) “Employer” means a person who employs nine (9) or more employees in the State of Arkansas in each of twenty (20) or more calendar weeks in the current or preceding calendar year;

(8) “Ethnic animosity” includes without limitation on account of a natural, protective, or cultural hairstyle;

(9) “National origin” includes ancestry;

(10) “Natural, protective, or cultural hairstyle” includes without limitation afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance;

(11) “Place of public resort, accommodation, assemblage, or amusement” means any place, store, or other establishment, either licensed or unlicensed, that supplies accommodations, goods, or services to the general public, or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds, but “place of public resort, accommodation, assemblage, or amusement” does not include:

(A) Any lodging establishment which contains not more than five (5) rooms for rent and which is actually occupied by the proprietor of such establishment as a residence; or

(B) Any private club or other establishment not in fact open to the public;

(12) “Racial animosity” includes without limitation on account of a natural, protective, or cultural hairstyle; and

(13) “Religion” means all aspects of religious belief, observance, and practice.

§ 16-123-103 Applicability.

(a) The provisions of this subchapter relating to employment shall not be applicable with respect to employment by a religious corporation, association, society, or other religious entity.

(b) It shall not constitute employment discrimination under this subchapter for an employer to refuse to accommodate the religious observance or practice of an employee or prospective employee if the employer demonstrates that he or she is unable to reasonably make such accommodation without undue hardship on the conduct of the employer's business.

(c) A defendant may avoid liability under this subchapter by showing that his or her actions were based on legitimate, nondiscriminatory factors and not on unjustified reasons.

(d) Provided the conduct at issue is based on a bona fide business judgment and is not a pretext for prohibited discrimination, nothing in this subchapter shall be construed to prohibit or restrict:

(1) An insurer, hospital, medical service company, health maintenance organization, or any agent or entity that administers benefit plans, or any bank, savings and loan, or other lender from underwriting insurance or lending risks or administering such risks that are based on or are not inconsistent with federal or state law;

(2) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or are not inconsistent with federal or state law; or

(3) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that is not subject to federal or state laws that regulate insurance.

(e) This subchapter shall not apply to matters regulated by the Arkansas Insurance Code or the Trade Practices Act of the Arkansas Insurance Code, § 23-66-201 et seq.

§ 16-123-104 Construction.

Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas.

§ 16-123-105 Civil rights offenses.

(a) Every person who, under color of any statute, ordinance, regulation, custom, or usage of this state or any of its political subdivisions subjects, or causes to be subjected, any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Arkansas Constitution shall be liable to the party injured in an action in circuit court for legal and equitable relief or other proper redress.

(b) In the discretion of the court, a party held liable under this section shall also pay the injured party's cost of litigation and a reasonable attorney's fee in an amount to be fixed by the court.

(c) When construing this section, a court may look for guidance to state and federal decisions interpreting the Civil Rights Act of 1871, as amended and codified in 42 U.S.C. § 1983, as in effect on January 1, 1993, which decisions and Civil Rights Act of 1871 shall have persuasive authority only.

§ 16-123-106 Hate offenses.

(a) A person may bring a civil action for injunctive relief or damages, or both, if he or she is subject to an act motivated by racial, religious, or ethnic animosity and the act was an act of:

(1) Intimidation or harassment;

(2) Violence directed against his or her person; or

(3) Vandalism directed against his or her real or personal property.

(b) Any aggrieved party who initiates and prevails in a civil action authorized by this section is entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the civil action, and a reasonable attorney's fee in an amount to be fixed by the court.

(1) Speech or conduct protected by the United States Constitution, Amendment I, or Arkansas Constitution, Article 2, § 6; or

(2) A civil action:

(A) Between an employee and his or her employer or between or among employees of the same employer;

(B) For damages arising out of an incident occurring in the workplace; or

§ 16-123-107 Discrimination offenses.

(a) The right of an otherwise qualified person to be free from discrimination because of race, religion, national origin, gender, or the presence of any sensory, mental, or physical disability is recognized as and declared to be a civil right. This right shall include, but not be limited to:

(1) The right to obtain and hold employment without discrimination;

(2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;

(3) The right to engage in property transactions without discrimination;

(4) The right to engage in credit and other contractual transactions without discrimination; and

(5) The right to vote and participate fully in the political process.

(b) Any person who is injured by an intentional act of discrimination in violation of subdivisions (a)(2)-

(5) of this section shall have a civil action in a court of competent jurisdiction to enjoin further violations, to recover compensatory and punitive damages, and, in the discretion of the court, to recover the cost of litigation and a reasonable attorney's fee.

(c)(1)

(A) Any individual who is injured by employment discrimination by an employer in violation of subdivision (a)(1) of this section shall have a civil action against the employer only in a court of competent jurisdiction, which may issue an order prohibiting the discriminatory practices and provide affirmative relief from the effects of the practices, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney's fee.

(B) No liability for back pay shall accrue from a date more than two (2) years prior to the filing of an action.

(2)(A) In addition to the remedies under subdivision (c)(1)(A) of this section, any individual who is injured by intentional discrimination by an employer in violation of subdivision (a)(1) of this section shall be entitled to recover compensatory damages and punitive damages.

(B) The total compensatory and punitive damages awarded under subdivision (c)(2)(A) of this section shall not exceed:

(i) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;

(ii) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) and fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;

(iii) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) and fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;

(iv) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) and fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; and

(v) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year.

(3) Damages under subdivisions (c)(2)(B)(ii)-(v) of this section shall not duplicate or increase an award for damages over the statutory limit allowed by state law or any federal law, as the federal law existed on January 1, 2017.

(4) Any action based on employment discrimination in violation of subdivision (a)(1) of this section shall be brought within one (1) year after the alleged employment discrimination occurred, or within ninety

(90) days of receipt of a “Right to Sue” letter or a notice of “Determination” from the United States Equal Employment Opportunity Commission concerning the alleged unlawful employment practice, whichever is later.

§ 16-123-108 Retaliation — Interference — Remedies.

(a) Retaliation. A person shall not discriminate against any individual because the individual in good faith has opposed any act or practice made unlawful by this subchapter or because the individual in good faith made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

(b) Interference, Coercion, or Intimidation. It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this subchapter.

(c)(1) Remedies and Procedures. The remedies and procedures available in § 16-123-107(b) are available to aggrieved persons for a violation of subsection (a) or subsection (b) of this section.

(2) An employment-related claim or a claim arising out of the employee-employer relationship for a violation of subsection (a) or subsection (b) of this section may be brought only against an employer, and the remedies and procedures are limited to the remedies and procedures available under § 16-123- 107(c).

Subchapter 2 — Arkansas Fair Housing Act

§ 16-123-201 Title.

This subchapter shall be known and may be cited as the “Arkansas Fair Housing Act”.

§ 16-123-202 Definitions.

As used in this subchapter:

(1) “Housing accommodation” includes improved or unimproved real property, or a part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one (1) or more persons;

(2) “Real estate broker or salesperson” means a person, whether licensed or not, who:

(A) For or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property;

(B) Negotiates or attempts to negotiate any of those activities;

(D) Negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property;

(E) Is engaged in the business of listing real property in a publication; or

(F) Is a person employed by or acting on behalf of a real estate broker or salesperson;

(3) “Real estate transaction” means the sale, exchange, rental, or lease of real property, or an interest therein; and

(4) “Real property” includes a building, structure, mobile home, real estate, land, mobile home park, trailer park, tenement, leasehold, or an interest in a real estate cooperative or condominium.

§ 16-123-203 Legislative declaration.

(a) The opportunity to obtain housing and other real estate without discrimination because of religion, race, color, national origin, sex, disability, or familial status as prohibited by this chapter, is recognized and declared to be a civil right.

(b) Provided, the provisions of § 16-123-301 et seq. shall become effective after the statutes and regulations required by this subchapter are adopted as substantially equivalent to federal fair housing laws, as recognized by the appropriate federal agency designated to enforce the provisions of federal fair housing laws.

§ 16-123-204 Conduct prohibited in real estate transactions — Exception.

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

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

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

(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) 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) 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.

(b) This section shall not apply to:

(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) 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.

§ 16-123-205 Conduct in real estate financing prohibited — Exception.

(a) A person to whom application is made for financial assistance or financing in connection with a real estate transaction or in connection with the construction, rehabilitation, repair, maintenance, or improvement of real property, or a representative of that person, shall not:

(1) Discriminate against the applicant because of the religion, race, color, national origin, sex, disability, or familial status of the applicant or a person residing with the applicant; or

(2) Use a form of application for financial assistance or financing to make or keep a record or inquiry in connection with an application for financial assistance or financing which indicates, directly or indirectly, a preference, limitation, specification, or discrimination as to the religion, race, color, national origin, sex, disability, or familial status of the applicant or a person residing with the applicant.

(b) Subdivision (a)(2) of this section shall not apply to a form of application for financial assistance prescribed for the use of a lender regulated as a mortgagee under the National Housing Act, as amended, 12 U.S.C. §§ 1701—1750g (Supp. 1973), or by a regulatory board or officer acting under the statutory authority of this state or the United States.

§ 16-123-206 Contractual provisions.

(a) A condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of religion, race, color, national origin, sex, disability, or familial status is void, except this section shall not prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted because of race, color, sex, disability, familial status, or national origin.

(b) A person shall not insert in a written instrument relating to real property a provision that is void under this section or honor such a provision in the chain of title.

(c) A person shall not threaten, intimidate, or interfere with persons in the enjoyment of their dwelling because of the race, color, national origin, sex, or familial status of such persons, or of visitors or associates of such persons.

(d) A person shall not discharge, threaten, coerce, intimidate, or take any other adverse action against an employee, broker, agent, or other person because he or she refused to take part in a discriminatory housing practice or because he or she has aided or encouraged any other person in the exercise or enjoyment of any right granted under the provisions of this subchapter.

§ 16-123-207 Representations prohibited.

A person shall not represent, for the purpose of inducing a real estate transaction from which the person may benefit financially, that a change has occurred or will or may occur in the composition, with respect to religion, race, color, national origin, sex, disability, or familial status of the owners or occupants, in the block, neighborhood, or area in which the real property is located or represent that this change will or may result in the lowering of real property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area in which in the real property is located.

§ 16-123-208 Retaliation.

Two (2) or more persons shall not conspire to, or a person shall not:

(1) Retaliate or discriminate against a person because the person has opposed a violation of this subchapter, or because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this subchapter;

(2) Attempt, directly or indirectly, to commit an act prohibited by this subchapter;

(3) Willfully interfere, obstruct, or prevent a person from complying with this subchapter or an order issued or rule promulgated under this subchapter; or

(4) Discharge, threaten, coerce, intimidate, or take any other adverse action against an employee, broker, agent, or other person because he or she refused to take part in a discriminatory housing practice or because he or she has aided or encouraged any other person in the exercise or enjoyment of any right granted under the provisions of this subchapter.

§ 16-123-209 Violation.

A person shall not violate the terms of an order to an adjustment order made under this subchapter.

§ 16-123-210 Civil remedy — Definition.

(a)(1) A person alleging a violation of this subchapter may bring a civil action for appropriate injunctive relief or damages, or both.

(2) As used in subdivision (a)(1) of this section, “damages” means damages for injury or loss caused by each violation of this subchapter, including reasonable attorney's fees.

(b) An action commenced pursuant to subsection (a) of this section may be brought in the circuit court for:

(1) The county where the alleged violation occurred; or

(2) The county where the person against whom the civil complaint is filed resides or has his or her principal place of business.

(c) In a civil action under this subchapter, the court in its discretion may allow the prevailing party reasonable attorney's fees and costs.

(d) A court rendering a judgment in an action brought pursuant to this subchapter may award all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, to the complainant in the action if the court determines that the award is appropriate.

Subchapter 3 — Arkansas Fair Housing Commission

§ 16-123-301 Finding.

The General Assembly recognizes:

(1) That the right to seek housing underlies the general public's ability to secure health, safety, and welfare; and

(2) Seeks with this subchapter to protect the public's access to fair housing.

§ 16-123-302 Definitions.

(1) “Aggrieved person” means a person who:

(A) Claims to have been injured by a discriminatory housing practice; or

(B) Believes that a person will be injured by a discriminatory housing practice that is about to occur;

(2) “Commission” means the Arkansas Fair Housing Commission;

(3) “Complainant” means a person, including the Director of the Arkansas Fair Housing Commission acting on behalf of the commission who files a complaint under this subchapter;

(4) “Conciliation” means the process for resolving issues raised by a complaint or by the investigation of a complaint through informal negotiations involving the aggrieved person, the respondent, and the director on behalf of the commission;

(5) “Conciliation agreement” means a written agreement setting forth the resolution of the issues raised in conciliation;

(6) “Director” means the Director of the Arkansas Fair Housing Commission created in § 16-123-303;

(7)(A) “Disability” throughout this subchapter shall be interpreted identically to the term “handicap” within federal laws, regulations, cases, directives, and administrative rulings and positions on subject matter similar to the purposes of this subchapter and means a person:

(i) With a physical or mental impairment which substantially limits one (1) or more of the person's major life activities;

(ii) With a record of having an impairment which substantially limits one (1) or more of the person's major life activities; or

(iii) Regarded as having an impairment which substantially limits one (1) or more of a person's major life activities.

(B) “Disability” does not include current, illegal use of or addiction to a controlled substance, as defined in § 102 of the Controlled Substances Act, 21 U.S.C. § 802, as in effect January 1, 2001;

(8) “Discriminatory housing practice” means an act that is prohibited under §§ 16-23-310 — 16-123-316 and § 16-23-344;

(9) “Dwelling” means any building, structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families;

(10) “Familial status” means:

(A) The status resulting from one (1) or more individuals who are under eighteen (18) years of age being domiciled with:

(i) The parent or another person having legal custody of the individual under eighteen (18) years of age; or

(ii) The designee of the parent or other person having custody, with the written permission of the parent or other person;

(B) The status resulting from being in the process of securing legal custody of any individual who is under eighteen (18) years of age; or

(11) “Family” includes a single individual;

(12) “Person” includes individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, bankruptcy trustees, receivers, and fiduciaries;

(13) “Prevailing party” has the same meaning as the term has in Section 722 of the Revised Statutes of the United States, 42 U.S.C. § 1988;

(14) “Respondent” means:

(A) The person or other entity accused in a complaint or an unfair housing practice; and

(B) Any other person notified as required with respect to respondents under § 16-123-317(f); and

(15) “To rent” includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

§ 16-123-303 Creation — Members.

(a) There is created the Arkansas Fair Housing Commission, which shall consist of seven (7) members.

(b) The seven (7) members of the Arkansas Fair Housing Commission shall be selected as follows:

(1) Five (5) members with knowledge or experience in the fields of real estate, homebuilding, mortgage lending, banking, or other related fields, appointed by the Governor, subject to confirmation by the Senate;

(2) One (1) member who has demonstrated active involvement or interest in fair housing issues, appointed by the President Pro Tempore of the Senate; and

(3) One (1) member who has demonstrated active involvement or interest in fair housing issues, appointed by the Speaker of the House of Representatives.

(c) Members of the Arkansas Fair Housing Commission shall serve a term of four (4) years, or until a successor has been appointed and qualified.

(d) A vacancy arising in the membership of the Arkansas Fair Housing Commission shall be filled for the balance of the unexpired term by the appointing authority in the same manner as provided for initial appointments.

(e) The appointing authorities shall make an effort to ensure that the membership of the Arkansas Fair Housing Commission is reflective of the geographic diversity of the state.

(f) All members shall be full voting members of the Arkansas Fair Housing Commission.

(g) The Arkansas Fair Housing Commission shall elect a chair from its membership.

(h) The Arkansas Fair Housing Commission shall meet at least quarterly.

(i) Each commissioner may receive expense reimbursement and stipends in accordance with § 25-16- 905.

§ 16-123-304 Powers and duties.

(a) The Arkansas Fair Housing Commission shall adopt rules necessary to implement this subchapter substantially equivalent to those provided in federal fair housing laws and regulations.

(b) The commission shall receive, initiate, investigate, seek to conciliate, and, if conciliation fails, seek to resolve complaints alleging violations of this subchapter through the procedures described by this subchapter.

(c) The commission, at least annually, shall make a written report to the Legislative Council based upon and detailing the past year's activities and operations, including policy and program recommendations.

(d) The commission shall cooperate with and, as appropriate, may provide technical and other assistance to federal, state, local, and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices.

(e) The commission shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings.

(f) A witness summoned by a subpoena under this subchapter shall be entitled to a witness fee payable in the same amount as set forth in rules of procedure for civil proceedings.

§ 16-123-305 Director.

(a)(1) The Governor shall appoint a Director of the Arkansas Fair Housing Commission who shall serve at the pleasure of the Governor.

(2) The director shall report to the Secretary of the Department of Inspector General.

(3) The Arkansas Fair Housing Commission may fix the compensation, duties, authority, and responsibilities of the director.

(b) The commission may authorize the director to hire necessary staff and to provide for services, furnishings, equipment, and office space and employees of the commission shall be employees of the Department of Inspector General.

§ 16-123-306 Exemptions — Certain sales and rentals.

(a) Sections 16-123-310 and 16-123-312 — 16-123-314 do not apply to a single-family house sold or rented by an owner or rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one (1) of the living quarters as his or her residence and if:

(1) The private individual owner does not own more than three (3) single-family houses at any one (1) time;

(2) In the case of the sale of a single-family house by a private individual owner not residing in the house at the time of the sale, or who was not the most recent resident of the house prior to the sale, the exemption granted by this section shall apply only with respect to one (1) sale within any twenty-four- month period;

(3) A bona fide private individual owner does not own any interest in, nor is there owned or reserved on the owner's behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three (3) single-family houses at any one (1) time; and

(4)(A) The house is sold or rented:

(i) Without the services of any real estate broker, agent, or salesperson; and

(ii) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of § 16-123-311.

(B) However, nothing in this subdivision (a)(4) shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other professional assistance as necessary to perfect or transfer the title.

(b) For the purposes of subsection (a) of this section, a person shall be deemed to be in the business of selling or renting dwellings if:

(1) The person, within the preceding twelve (12) months, has participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein;

(2) The person, within the preceding twelve (12) months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or

(3) The person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five

(5) or more families.

§ 16-123-307 Exemptions — Religious organizations, private clubs, and others — Definitions.

(a) This subchapter does not prohibit a religious organization, association, or society or a nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from:

(1) Limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, unless membership in the religion is restricted on account of race, color, or national origin; or

(2) Giving preference for those dwellings to persons of the same religion, unless membership in the religion is restricted on account of race, color, or national origin.

(b) This subchapter does not prohibit a private club not in fact open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of that lodging to its members or from giving preference to its members.

(c)(1) Nothing in this subchapter limits the applicability of any reasonable local or state restriction regarding the maximum number of occupants permitted to occupy a dwelling.

(2) Nothing in this subchapter shall prohibit a person from refusing to rent a dwelling by reason of reasonable occupancy standards established by the owner or the owner's agent that apply to persons of all ages, and that have been adopted and published before the event in issue.

(3) An occupancy limitation of two (2) persons per bedroom residing in a dwelling unit shall be presumed reasonable in this state or any political subdivision of this state.

(4) Nothing in this subchapter regarding familial status shall apply to housing for older persons.

(d)(1) As used in this section, “housing for older persons” means housing:

(A) Provided under any state program that the Director of the Arkansas Fair Housing Commission determines is specifically designed and operated to assist elderly persons, as defined in any state program, or provided under any federal program that the United States Secretary of the Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in any federal program;

(B) Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

(i) At least eighty percent (80%) of the occupied units are occupied by at least one (1) person who is fifty-five (55) years of age or older;

(ii) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subdivision (d)(1); and

(iii)(a) The housing facility or community complies with rules issued by the director for verification of occupancy, which shall:

(1) Provide for verification by reliable surveys and affidavits; and

(2) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of this subdivision (d)(1)(C)(iii)(a).

(b) The surveys and affidavits authorized under subdivision (d)(1)(C)(iii)(a) of this section shall be admissible in administrative and judicial proceedings for the purposes of verification.

(2) Housing shall not fail to meet the requirements for housing for older persons by reason of persons residing in the housing as of August 13, 2001, who do not meet the age requirements of subdivision (d)

(1)(B) of this section or subdivision (d)(1)(C) of this section, if:

(A) New occupants of the housing meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section; or

(B) The units are unoccupied units and are reserved for occupancy by persons who meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section.

(4)(A) A person shall not be held personally liable for monetary damages for a violation of this subchapter if the person reasonably relied in good faith on the application of the exemption under this section relating to housing for older persons.

(B) For the purposes of this subchapter, “good faith reliance” means:

(i) The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and

(ii) The facility or community has stated formally in writing that the facility or community complies with the requirements for the exemption.

(e) Nothing in this subchapter prohibits discrimination against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in § 102 of the Controlled Substance Act, 21 U.S.C. § 802, as in effect January 1, 2001.

§ 16-123-308 Exemption — Appraisals.

Nothing in this subchapter prohibits a person engaged in the business of furnishing evaluations, market analyses, or appraisals of real property to take into consideration factors other than race, color, religion, sex, disability, familial status, or national origin.

§ 16-123-309 Effect on other law.

This subchapter does not affect a requirement of nondiscrimination in any other act, state law, or federal law.

§ 16-123-310 Discrimination in sale or rental of housing.

(a) Because of race, color, religion, sex, familial status, or national origin a person shall not:

(1) Refuse to sell or rent a dwelling to a person who has made a bona fide offer;

(2) Refuse to negotiate for the sale or rental of a dwelling; or

(3) Otherwise make unavailable or deny a dwelling to any person.

(b) A person shall not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in providing services or facilities in connection with the sale or rental because of race, color, religion, sex, familial status, or national origin.

§ 16-123-311 Publication indicating discrimination.

A person shall not 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, disability, familial status, or national origin, or an intention to make such a preference, limitation, or discrimination.

§ 16-123-312 Availability for inspection.

A person shall not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection, sale, or rental when the dwelling is in fact so available.

§ 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.

§ 16-123-314 Disability — Definition.

(a) A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter because of a disability of:

(1) That buyer or renter;

(2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(3) A person associated with that buyer or renter.

(b) A person shall not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of:

(1) That person;

(2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(3) A person associated with that person.

(1) A refusal to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by the person with the disability if the modifications may be necessary to afford the person with the disability full enjoyment of the premises, except that an owner may:

(A) Where reasonable to do so, reasonably condition permission for modifications upon the agreement of the person with the disability to restore the premises to its condition as it existed prior to modification, reasonable wear and tear excepted; and

(B) Reasonably condition the permission on the person with a disability's providing to the owner a reasonable description of the proposed modifications and reasonable assurance that all work will be done in a professional manner, all required permits for the work timely obtained, and all work timely paid for;

(2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, including public and common use areas; and

(3) In connection with the design and construction of covered multifamily dwellings for first occupancy after February 1, 2004, a failure to design and construct those dwellings in a manner that:

(A) Makes the public use and common use portions of the dwellings readily accessible to and usable by persons with a disability;

(B) Makes all the doors designed to allow passage into and within all premises within the dwellings sufficiently wide to allow passage by persons in wheelchairs; and

(i) An accessible route into and through the dwelling;

(ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(iii) Reinforcements in bathroom walls to allow later installations of grab bars; and

(iv) Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

(d) Compliance with the appropriate requirements of the American National Standards Institute, as in effect January 1, 2001, for buildings and facilities providing accessibility and usability for persons with a physical disability, commonly cited as ANSI A 117.1, suffices to satisfy the requirements of subdivision

(c)(3) of this section.

(e) As used in subdivision (c)(3) of this section, “covered multifamily dwellings” means:

(1) Buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and

(2) Ground floor units in other buildings consisting of four (4) or more units.

(f) Nothing in this subchapter requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

(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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 other action as may be appropriate.

§ 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.

§ 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.

§ 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.

(1) An aggrieved person to the discriminatory housing practice; or

(2) A party to a conciliation agreement concerning the discriminatory housing practice.

§ 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.

§ 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.

§ 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.

§ 16-123-345 Incentives for self-testing and self-correction.

(a)(1) A report or result of a self-test, as that term is defined by rule of the Director of the Arkansas Fair Housing Commission, shall be considered to be privileged under subdivision (a)(2) of this section if a person:

(A) Conducts or authorizes an independent third party to conduct a self-test of any aspect of a residential real estate-related lending transaction or any part of that transaction by that person in order to determine the level or effectiveness of compliance with this subchapter by that person; and

(B) Has identified any possible violation of this subchapter by that person and has taken, or is taking, appropriate corrective action to address any such possible violation.

(2) If a person meets the conditions specified in subdivision (a)(1) of this section with respect to a self- test, any report or results of that self-test:

(A) Shall be privileged; and

(B) May not be obtained or used by the Arkansas Fair Housing Commission or any applicant, department, or agency in any:

(i) Proceeding or civil action in which one (1) or more violations of this subchapter are alleged; or

(ii) Examination or investigation relating to compliance with this subchapter.

(b)(1) No provision of this subchapter may be construed to prevent an aggrieved person, complainant, department, or agency from obtaining or using a report or results of any self-test in any proceeding or civil action in which a violation of this subchapter is alleged, or in any examination or investigation of compliance with this subchapter if:

(A) The person to whom the self-test relates or any person with lawful access to the report or the results:

(i) Voluntarily releases or discloses all or any part of the report or results to the commission, aggrieved person, complainant, department, or agency or to the general public; or

(ii) Refers to or describes the report or results as a defense to charges of violations of this subchapter against the person to whom the self-test relates; or

(B) The report or results are sought in conjunction with an adjudication or admission of a violation of this subchapter for the sole purpose of determining an appropriate penalty or remedy.

(2) Any report or results of a self-test that are disclosed for the purpose specified in subdivision (b)(1)

(B) of this section:

(A) Shall be used only for the particular proceeding in which the adjudication or admission referred to in subdivision (b)(1)(B) of this section is made; and

(B) May not be used in any other action or proceeding.

(c) An aggrieved person, complainant, department, agency, or the commission that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in:

(1) A court of competent jurisdiction; or

(2) An administrative law proceeding with appropriate jurisdiction.

§ 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.

(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.

§ 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.

§ 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.

Subchapter 4 — Religious Freedom Restoration Act

§ 16-123-401 Title.

This subchapter shall be known and may be cited as the “Religious Freedom Restoration Act”.

§ 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.

§ 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.

§ 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.

§ 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.

§ 16-123-406 Interpretation.

(a) This subchapter does not affect, interpret, or in any way address that portion of the United States Constitution, Amendment I, prohibiting laws respecting the establishment of religion or of Arkansas Constitution, Article 2, § 25, concerning protection of religion.

(b) Granting government funding, benefits, or exemptions, to the extent permissible under the United States Constitution, Amendment I, prohibiting laws respecting the establishment of religion or of Arkansas Constitution, Article 2, § 25, shall not constitute a violation of this subchapter.

(c) As used in this section, “granting”, with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

(d) This subchapter shall be construed in favor of a broad protection of free exercise of religious beliefs, to the maximum extent permitted by the Arkansas Constitution and the United States Constitution.

§ 16-123-407 Exemptions.

The Division of Correction, the Division of Community Correction, a county jail, and a detention facility are exempt from this subchapter.

Subchapter 5 — Antisemitism

§ 16-123-501 Intent.

It is the intent of the General Assembly to adopt the definition of “antisemitism” adopted on May 26, 2016, by the International Holocaust Remembrance Alliance, including the accompanying examples of contemporary antisemitism identified by the International Holocaust Remembrance Alliance, as existing on January 1, 2023, as this definition of “antisemitism” has been adopted and used by dozens of countries as well as various departments within the United States Government.

§ 16-123-502 Definitions.

As used in this subchapter:

(1)(A) “Antisemitism” means the same as defined by the International Holocaust Remembrance Alliance on May 26, 2016, and includes the contemporary examples of antisemitism identified by the International Holocaust Remembrance Alliance, as existing on January 1, 2023.

(B) “Antisemitism” does not include criticism of Israel that is similar to criticism against any other country;

(2) “Government” includes a branch, department, agency, instrumentality, political subdivision, official, or other person acting under color of state law; and

(3) “State law” includes without limitation a law or ordinance of a political subdivision.

§ 16-123-503 Construction.

(a) This subchapter does not diminish or infringe upon any right protected under the First Amendment to the United States Constitution or the Arkansas Constitution.

(b) This subchapter shall not be construed to conflict with federal law or state law concerning discrimination.

§ 16-123-504 Clarification of antisemitism related to discriminatory acts.

(a) In reviewing, investigating, or determining whether there has been a violation of any relevant policy, law, or rule prohibiting discriminatory acts, the government shall take into consideration the definition of antisemitism under § 16-123-502 for purposes of determining whether the alleged act was motivated by discriminatory antisemitic intent.

(b) A court or other relevant authority shall apply the same legal standard to a claim of discrimination because of antisemitism as applicable to claims of discrimination arising under state laws protecting civil rights, including without limitation § 16-123-107.

Subchapter 6 — Religious Nondiscrimination

§ 16-123-601 Legislative intent.

It is the intent of the General Assembly to:

(1) Prohibit government discrimination against religious organizations based upon the religious organizations' religious identity or conduct;

(2) Prohibit the government from discriminating against certain individuals and organizations because of their beliefs regarding marriage or what it means to be female or male; and

(3) Ensure that individuals and organizations cannot be compelled, either by the government or through a lawsuit initiated by a private party, to engage in conduct that conflicts with their beliefs or be punished or discriminated against for declining to engage in conduct that conflicts with their beliefs.

§ 16-123-602 Definitions.

As used in this subchapter:

(1) “Belief about biological sex or marriage” means a belief based on religious or philosophical premises:

(A) Regarding the sex of two (2) individuals who may enter into marriage; or

(B) That “male” or “man” or “female” or “woman” refers exclusively to a person's immutable biological sex as objectively determined by anatomy and genetics at the time of birth;

(2) “Discriminatory action” means any action taken by state government to:

(A) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person;

(B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by any person;

(C) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable, including by inserting contractual provisions that contradict a person's sincerely held religious beliefs, or deny any state grant, state benefit program, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to such person;

(D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to a person;

(E) Impose, levy, or assess a monetary fine, fee, penalty, damages award, or injunction upon a person;

(F) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or

(G) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person employed or commissioned by state government;

(3) “License-seeking student” means a person who is in an educational institution in the state for the purpose of obtaining the necessary educational requirements to engage in an occupation or profession that is licensed or certified by state government;

(4) “Occupational organization” means an entity of which a person or license-seeking student must be a member in order to engage in a specified occupation or profession within the state, including an entity for which exclusion from the entity would substantially impair a person's ability to engage in the occupation or profession;

(5) “Person” means:

(A) An individual, in his or her personal capacity regardless of religious affiliation or lack thereof, or in his or her capacity as a member, officer, owner, volunteer, employee, manager, religious leader, clergy, or minister of any religious organization;

(B) A religious organization;

(C) A sole proprietorship, partnership, trust, closely held corporation, or other closely held entity operating with a sincerely held religious belief, including a belief about biological sex or marriage; or

(D) Cooperatives, ventures, or enterprises comprised of two (2) or more individuals or entities described in this subdivision (5) regardless of nonprofit or for-profit status;

(6) “Religious organization” means:

(A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple;

(B) A religious group, corporation, association, school or educational institution, ministry, order, society, or similar entity, regardless of whether it is integrated or affiliated with a house of worship; or

(C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization described in this subdivision (6);

(7) “State benefit program” means any program administered, controlled, or funded by the state government, that provides cash, payments, grants, contracts, loans, or in-kind assistance; and

(8) “State government” means:

(A) The state or a political subdivision of the state;

(B) An agency of the state or of a political subdivision of the state, including without limitation a department, bureau, board, commission, council, court, or public institution of higher education; and

(C) Any person acting under color of state law or using any government instrumentality to enforce a law, regulation, rule, or policy of government.

§ 16-123-603 Religious discrimination prohibited.

(a) The state government shall not take any discriminatory action against a religious organization on the basis of the religious identity or status of the religious organization, including the religious organization maintaining policies and procedures in accordance with a sincerely held religious belief, or the religious organization engaging in religious conduct protected by the First Amendment to the United States Constitution or the Arkansas Constitution unless it is demonstrated that the action against the religious organization 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) The state government shall consider any person for a contract, grant, or agreement that would otherwise be considered for a contract, grant, or agreement but for a determination against the person wholly or partially on the basis that the person maintains policies and procedures, or acts in accordance with, a sincerely held religious belief unless refusal of consideration of 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.

§ 16-123-604 Remedies.

(a) A person may assert a violation of this subchapter as a claim against the state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the judicial or administrative proceeding is brought by or in the name of the state government, any private person, or any other party.

(b) An action under this subchapter may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted available administrative remedies.

(c)(1) A person who successfully asserts a claim or defense under this subchapter may recover declaratory relief, injunctive relief, reasonable attorney's fees and costs, and any other appropriate relief.

(2) Only declaratory relief and injunctive relief shall be available against a private person not acting under color of state law upon a successful assertion of a defense under this subchapter.

(d) A person may not bring an action to assert a claim under this subchapter later than two (2) years after the date that the person knew or should have known that a discriminatory action was taken against that person.

(e) For the provision of equitable relief, including reasonable attorney's fees and costs, sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent of liability created by this subchapter.

§ 16-123-605 Rules of construction.

(a) This subchapter shall be construed in favor of a broad protection of free exercise of religious beliefs, to the maximum extent permitted by the Arkansas Constitution and the United States Constitution.

(b)(1) The protection of free exercise of religious beliefs and moral convictions afforded by this subchapter is in addition to the protections provided under federal law, state law, the Arkansas Constitution, and the United States Constitution.

(2) This subchapter does not:

(A) Preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs or moral convictions;

(B) Narrow the meaning or application of any state or local law protecting free exercise of religious beliefs; or

(C) Prevent state government from providing, either directly or through an individual or entity not seeking protection under this subchapter, any benefit or service authorized under state law.

(1) Statute of the state that impinges upon the free exercise of religious beliefs protected by this subchapter, unless a conflicting statute is expressly made exempt from the application of this subchapter; and

(2) Any ordinance, rule, regulation, order, opinion, decision, practice, or other exercise of state government’s authority that impinges upon the free exercise of religious beliefs protected by this subchapter.

(d) If any provision of this subchapter or any application of a provision of this subchapter to any particular person or circumstance is held to be invalid under law, the remainder of this subchapter and the application of this subchapter's provisions to any other person or circumstance shall not be affected.

§ 16-123-606 Degrees, licensure, and certification.

(a) The state government shall license or certify any person that would otherwise be licensed or certified, respectively, for any purposes under state law but for a determination against the person wholly or partially on the basis that the person believes, maintains policies and procedures, or acts in accordance with a sincerely held religious belief, including a belief about biological sex or marriage unless it is demonstrated that refusal of the license or certification of 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) The state government shall not revoke, decline to renew, or decline to grant a college or graduate degree, license, or certification to a person based upon the inability of the person to assist or provide professional services to a client or potential client in pursuit of goals, outcomes, or behaviors that conflict with a sincerely held religious belief held by the person unless it is demonstrated that the revocation, declination to renew or grant a college or graduate degree, license, or certification of that 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.

(c) As a condition of obtaining or maintaining a college or graduate degree, license, or certification to engage in certain occupations or professions, the state government shall not require a person to be a member of any occupational organization that requires its members to assist or provide professional services to a client or potential client in pursuit of goals, outcomes, or behaviors that conflict with a sincerely held religious belief held by the person unless it is demonstrated that the requirement that the person be a member of the occupational organization 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.

(d) A public educational institution within the state shall not require a license-seeking student to assist or provide services to a client or potential client in pursuit of goals, outcomes, or behaviors that conflict with the license-seeking student's sincerely held religious belief unless it is demonstrated that the requirement that the person assist or provide services 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.

(e) This section does not limit any other rights or protections afforded to a person or a license-seeking student under the Arkansas Constitution, the United States Constitution, state law, or state regulatory authority.

§ 16-123-607 Beliefs regarding biological sex or marriage.

(a) The state government shall not take any discriminatory action a gainst a religious organization or person wholly or partially on the basis that the religious organization or person:

(1) Solemnizes or declines to solemnize any marriage, or provides or declines to provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, celebration, or recognition of any marriage, based upon or in a manner consistent with a belief about biological sex or marriage; or

(2) Makes any employment-related decision, including a decision whether to hire, terminate, or discipline a person whose conduct or religious beliefs are inconsistent with those of the religious organization, based upon or in a manner consistent with a belief about biological sex or marriage.

(b) The state government shall not take any discriminatory action against a person wholly or partially on the basis that the person:

(1) Has provided or declined to provide the following services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, celebration, or recognition of any marriage, based upon or in a manner consistent with a belief about biological sex or marriage:

(A) Photography, poetry, videography, disc jockey services, wedding planning, printing, web design, graphic design, publishing, counseling, or similar marriage-related goods or services; or

(B) Floral arrangements, dress making, cake or pastry artistry, assembly hall or other wedding venue rentals, car or other vehicle service rentals, jewelry sales and services, or similar marriage-related services, accommodations, facilities, or goods; or

(2) Maintains separate dress codes, restrooms, spas, baths, showers, dressing rooms, locker rooms, or other intimate facilities or settings based on biological sex.

(c) The state government shall not take any discriminatory action against a state government employee wholly or partially on the basis that the state government employee lawfully speaks or engages in expressive conduct based upon or in a manner consistent with a belief about biological sex or marriage if the state government employee's speech or expressive conduct occurs:

(1) In the workplace consistent with the time, place, manner, and frequency of any other expression of a religious, political, or moral belief or conviction allowed and, within public institutions of higher education, subject to reasonable policies established consistent with § 6-60-1001 et seq. and § 6-60-1401 et seq.; or

(2) Outside the workplace in the employee's personal capacity and outside the course of performing work duties.

(d)(1) A person employed or acting on behalf of the state government who has authority to authorize or license marriages, including without limitation clerks, registers of deeds, or their deputies may seek recusal from authorizing or licensing lawful marriages based upon or in a manner consistent with a belief about biological sex or marriage.

(2) A person making a recusal request under subdivision (d)(1) of this section shall provide prior written notice to the state government, and the state government shall not take any discriminatory action against that person wholly or partially on the basis of such recusal.

(3) Access to a constitutional right shall not be unduly burdened by a governmental entity due to a recusal request made by a person under subdivision (d)(1) of this section.

(e)(1) A person employed or acting on behalf of the state government who has authority to perform or solemnize marriages, including without limitation judges, magistrates, justices of the peace, or their deputies, may seek recusal from performing or solemnizing lawful marriages based upon or in a manner consistent with a belief about biological sex or marriage.

(2) Any person making a recusal request under subdivision (e)(1) of this section shall provide prior written notice to the state government, and the state government shall not take any discriminatory action against that person wholly or partially on the basis of the recusal.

(3) Access to a constitutional right shall not be unduly burdened by a governmental entity due to a recusal request made by a person under subdivision (e)(1) of this section.

General information, not legal advice. Statutory text is reproduced from the official Arkansas source and may not reflect the most recent amendments.

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