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16-123-306. Exemptions — Certain sales and rentals.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 dwel
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-306
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-123-306
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1eec37f501219529d2b07c2866ebf1b0f303f00414526733200854e539c201a0
Source location: content.xml paragraph 50081
Stored source content
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-310
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-123-310. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-311
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-123-311. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-312
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-123-312. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
(c) For purposes of this section only, “discrimination” includes:
(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 accomm
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-314
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-123-314. This identifies an authority to review, not proof of applicability.