16-123-302. Definitions.

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 (C) The status resulting from being pregnant; (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.