Section 237-A. Discrimination against children in dwelling houses and manufactured home parks  


Latest version.
  • a. Any person, firm or  corporation  owning  or
      having  in  charge any apartment house, tenement house or other building
      or manufactured home park used for dwelling purposes who shall refuse to
      rent any or part of any such building or manufactured home park  to  any
      person  or  family,  or  who  discriminates in the terms, conditions, or
      privileges of any such rental, solely on the ground that such person  or
      family  has or have a child or children shall be guilty of a misdemeanor
      and on conviction thereof shall be punished by a fine of not  less  than
      fifty  nor  more  than  one  hundred dollars for each offense; provided,
      however, the prohibition  against  discrimination  against  children  in
      dwelling  houses  and  manufactured home parks contained in this section
      shall not apply to:
        (1)  housing  units  for  senior  citizens  subsidized,  insured,   or
      guaranteed by the federal government; or
        (2)  one  or two family owner occupied dwelling houses or manufactured
      homes; or
        (3) manufactured home parks intended and  operated  for  occupancy  by
      persons fifty-five years of age or older. In determining whether housing
      is  intended  and  operated for occupancy by persons fifty-five years of
      age or older, Sec. 807(b)(2)(c)(42 U.S.C. 3607(b)(2)(c)) of the  federal
      Fair Housing Act of 1988, as amended, shall apply.
        b. Civil liability:
        (1)  where  discriminatory  conduct  prohibited  by  this  section has
      occurred, an aggrieved individual shall have a cause of  action  in  any
      court   of   appropriate   jurisdiction  for  damages,  declaratory  and
      injunctive relief;
        (2) in all actions brought under this section,  reasonable  attorney's
      fees  as  determined  by  the  court  may  be  awarded  to  a prevailing
      plaintiff.