Legislation introduced to the Rhode Island senate, January 1959, regarding Fair Housing in Rhode Island.https://digitalcommons.ric.edu/irving_fain/1018/thumbnail.jp

Davies, William M., Jr.

DesStefano, C. George

Donnelly, James H.

McWeeney, John G.

Sgambato, Frank

English

HELIN Digital Commons

An Act Concerning Discriminatory Housing Practices and Policies... (1959)

Rhode Island College

Rhode Island CollegeDigital Commons @ RICIrving Jay Fain Papers Special Collections1-1959An Act Concerning Discriminatory HousingPractices and Policies... (1959)John G. McWeeneyFrank SgambatoWilliam M. Davies Jr.James H. DonnellyC. George DesStefanoFollow this and additional works at: https://digitalcommons.ric.edu/irving_fainThis Book is brought to you for free and open access by the Special Collections at Digital Commons @ RIC. It has been accepted for inclusion in IrvingJay Fain Papers by an authorized administrator of Digital Commons @ RIC. For more information, please contact digitalcommons@ric.edu.Recommended CitationMcWeeney, John G.; Sgambato, Frank; Davies, William M. Jr.; Donnelly, James H.; and DesStefano, C. George, "An Act ConcerningDiscriminatory Housing Practices and Policies... (1959)" (1959). Irving Jay Fain Papers. 19.https://digitalcommons.ric.edu/irving_fain/19S 31 Introduced by-Sena tors McWeeney, Sgambato, Davies, Jr., Donnelly and De-Stefano Ordered Printed by-Senate Committee on Judiciary Date Printed-J an uary 15, 1959 JANUARY SESSION, A. D. 1959 AN ACT Concerning Discriminatory Housing Practices and Policies Based upon Race or Color, Religion or Country of Ancestral Origin, and Defining Further the Functions, Powers and Duties of the Commission Against Discrimi-nation Relative Thereto. It is enacted by the General Assembly as follows: Section 1. Finding and declaration of policy. 2 (A) In the State of Rhode Island and Providence 2 . · 3· Plantations, he'reinafter referred to as the state, many 4 people are forced to live in circumscribed areas be-5 cause of disc.riminatory housing practices based upon 6 race or color, religion or country of anceshal origin. 7 Such practices tend unjustly to condemn large groups 8 of inhabitants to dwell in segregated districts under 9 depressed living conditions in crowded, insanitary, sub-10 standard and unhealthful accommodations. Such 11 conditions breed intergroup tension as well as vice, 12 disease, juvenile delinquency and crime; increase the ' ' 13 fire hazard; endanger the public health; jeopardize 14 the public safety, general welfare and good order of 15 the entire · state; and impose substantial burdens on 16 the public revenues for the abatement and relief of 17 conditions so created. Such discriminatory and segre-18 gative housing practices are inimical to and subvert HJ the basic principles upon which the Colony of Rhode 20 Island and Providence Plantations was founded and 3 21 upon which the state and the United States were later 22 established. Discrimination and segregation in hous-23 ing tend to result in segregation in our public schools 24 and other public facilities, which is contrary to the 25 policy of the state and the constitution of the United 26 States. In order to aid in the correction of these evils, 27 it is necessary to safeguard the right of all individuals 28 to equal opportunity in obtaining housing accommoda-29 tions free of such discrimination. 30 (B) It is hereby declared to be the policy of the 31 state to assure to all individuals regardless of race 32 or color, relig·ion or country of ancestral origin equal 33 opportunity to live in decent, safe, sanitary and health-34 ful accommodations anywhere within the state in order 35 that the peace, health, safety and general welfare of 36 all the inhabitants of the state may be protected and 37 insured. 38 ( C) This act shall be deemed an exercise of the -± 39 police power of the state for the protection of the pub-40 lie welfare, prosperity, health and peace of the peo-41 ple of the state. Sec. 2. Right to equal housing opportunities. 0 The right of all individual s in the state to equal 3 housing opportunities regardless of race or color, re-. 4 ligion or country of ancestral origin, is hereby recog-5 nized as, and declared to be, a civil right. Sec. 3. Definitions. 2 ,¥hen used in this act 3 (A) the term "person" includes one or more in-4 dividuals, partnerships, associations, organization s, 5 corporations, legal representative s, trustees, or other 6 fiduciaries. 7 (B) the term "housing accommodation" include s 8 any building or structure, or portion thereof, or any 9 parcel of land, developed or undeveloped, ,vhich is 10 occupied, or is intended to be occupied, or to be de-5 11 veloped for occupancy, for residential purposes, but 12 doe s not include a room or rooms rented or let to a 13 roomer or lodger within a dwelling unit occupied by 14 the owner or tenant; neither does it include any ac-15 commodation owned or controlled by any religious or 16 denominational institution or organization when used 17 by such institution or organization for a non-profit 18 program for its own membership. 19 ( C) the term "commission" means the Rhode Island 20 commission against discrimination created by sections 21 28-5-1 to 28-5-39, inclusive, of the general laws of 1956. 22 (D) the term "discriminate" includes segregate or 23 separate. Sec. 4. Unlawful housing practices. 2 (A) No owner, lessee, sublessee, assignee, managing 3 agent, or other person having the right to sell, rent 4 or lease a housing accommodation as defined in sec-5 tion 3 (B) of this act, or an agent of any of these, 6 6 shall make or cause to be made any written or oral 7 inquiry concerning the race or color, religion or coun-8 try of ancestral origin of any prospective purchaser, 9 occupant or tenant of such housing accommodation; 10 or shall refuse to sell, rent, lease or otherwise deny 11 to or withhold from any individual such housing ac--12 commodation because of the race or color, religion or 13 country of ancestral origin of such individual; or shall 14 discriminate against any individual because of his race 15 or color, religion or country of ancestral origin in 16 the terms, conditions or privileges of the sale, rental 17 or lease of any such housing accommodation or in 18 the furnishing of facilities or services in connection 19 there-with. 20 (B) No person to whom application is made for a 21 loan or other form of financial assistance for the ac-22 quisition, construction, rehabilitation, repair or main-23 tenance of any housing accommodation, ,vhether se-7 24 cured or unsecured, shall make or cause to be made 215 any ,vrittcn or oral inquiry concerning the race or :rn color, religion or country of ancestral origin of any :27 individual seeking such financial assistance, or of 28 existing or prospective occupants or tenants of such 29 housing accommodation; nor shall any such person 30 to whom such application is made in the manner here-al in before provided discriminate in the terms, conditions 32 or privileges relating to the obtaining or use of any 33 such financial assistance against any applicant be-34 cause of race or color, religion or country of ancestral 35 01·igin or such applicant or of the existing or prospec-36 tive occupants or tenants. Sec. 5. Prevention of unlawful housing practices. 2 The Rhode Island commission against discrimina-3 tion is empowered and directed, as hereinafter pro-4 vided, to prevent any person from violating any of 5 the provisions of this act, provided that before insti-8 6 tuting a formal hearing it shall attempt by informal 7 methods of conference, persuasion and conciliation, to 8 induce compliance --with the said sections. Upon the 9 commission's own initiative or ,vhcnever an aggrieved 10 individual or an organization chartered for the pur-11 pose of combating discrimination or racism or of 12 safeguarding civi l liberties, such individual or or-13 ganization being hereinafter referred to as the com-14 plainant, makes a charge to the said commission that 15 any person, agency, bureau, corporation or associa-16 tion, hereinafter referred to as the respondent, has 17 violated or is violating any of the provisions of this 18 act, the said commission may proceed in the same man-19 ner and with the same powers as provided in sections 20 28-5-16 to 28-5-27, inclusive, of the general laws of 21 1956; and the provisions of sections 28-5-13 and 28-5-22 16 to 28-5-36, inclusive, of the general laws of 1956 23 as to the pow·ers, duties and rights of the commission, 9 24 its mernbe.rs, hearing exannners, the complainant, in-25 tervcner, respondent and the court shall apply in any 26 p1·occedings under this section . Sec. 6. Construction. 2 The provisions of this act shall be construed liberal]y 3 for the accomplishment of the purposes intend ed and 4- any provisions of any law inconsistent ·with any pro-5 visions hcrnof shall not apply. Nothing contained in 6 this act shall be deemed to repeal any of the provisions 7 of any la ·w of the state prohibiting discrimination 8 based on race or color, religion or country of ancestral 9 ongrn. Sec. 7. Separability. 2 If any clause, sentence, paragraph, or part of this ~ act or the application thereof to any person or cir-4: cumstanco shall, for any reason, be adjudged by a 5 c01ut of competent jurisdiction to be invalid, such 6 judgment shall not affect, impair, or invalidate tbe 10 7 ren1aincler of this act or its application to other per-8 sons or circumstances. Sec. 8. Short title. 2 This act may be cited as the Rhode Island fair hous-3 ing practices act. Sec. 9. Effective date. 2 This act shall take effect July 1, 1959. ':) I ,c\ 

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An Act Concerning Discriminatory Housing Practices and Policies... (1959)

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