The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. Age. An unlawful discriminatory practice because of age is an act prohibited by Section 50-28 against a person at least eighteen (18) years of age or older solely on that basis.
B. Aggrieved person means any person who:
1. Claims to have been injured by a discriminatory housing practice; or
2. Believes that he will be injured by a discriminatory housing practice that is about to occur.
C. Board means the Fair Housing Board.
D. Complainant means a person or the board, who files a complaint pursuant to Section 50-28 of this article.
E. Conciliation means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent, and the board.
F. Discriminatory housing practice means an act prohibited by Section 50-28.
G. Dwelling means:
1. Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one (1) or more families; or
2. Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure by subsection (A) of this definition.
H. Elderly person means any natural person fifty-five (55) years of age or older.
I. Familial status. A discriminatory act is committed because of familial status only if the act is committed because the person who is the subject of discrimination is:
1. Pregnant;
2. Domiciled with an individual less than eighteen (18) years of age in regard to whom the person:
a. Is the parent or legal custodian; or
b. Has the written permission of the parent or legal custodian for domicile with that person; or
3. In the process of obtaining legal custody of an individual less than eighteen (18) years of age.
J. Family includes a single individual.
K. Handicap means a mental or physical impairment that substantially limits at least one (1) major life activity when there is a record of such an impairment or the individual is regarded as having such an impairment. The term "handicap" does not include current illegal use of or addiction to any drug or illegal or federally controlled substance. The terms "an individual with a handicap" and "handicap" do not apply to an individual because of sexual orientation or the sexual preference of the individual or because that individual is a transvestite.
L. Housing for older persons, as used in this article, means housing:
1. That the board determines is specifically designed and operated to assist elderly persons pursuant to a federal or State program;
2. Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or
3. Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit as determined by rules of the State Human Rights Commission.
M. Person means and includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint- stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries, the State, and all political subdivisions and agencies thereof.
N. Respondent means:
1. The person accused of a violation of this article in a complaint of a discriminatory housing practice; or
2. Any person identified by the board as an additional or substitute respondent pursuant to or an agent of an additional or substitute respondent.
O. Restrictive covenant means any specification limiting the transfer, rental, or lease of any dwelling because of race, color, religion, sex, national origin, age, handicap, or familial status.
P. To rent means and includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.
(Code 1991, §§ 5-1004, 5-1006)
Cross reference- Definitions generally, § 1-2.