33-1317

33-1317. Discrimination by landlord or lessor
against tenant with children prohibited; classification;
exceptions; civil remedy; applicability

A. A person who knowingly refuses to rent to any other person a place to be used
for a dwelling for the reason that the other person has a child or children, or who
advertises in connection with the rental a restriction against children, either by the
display of a sign, placard or written or printed notice, or by publication thereof in a
newspaper of general circulation, is guilty of a petty offense.

B. No person shall rent or lease his property to another in violation of a valid
restrictive covenant against the sale of such property to persons who have a child or
children living with them.

C. No person shall rent or lease his property to persons who have a child or
children living with them when his property meets the definition of housing for older
persons in section 41-1491.04.

D. A person who knowingly rents or leases his property in violation of the
provisions of subsection B or C of this section is guilty of a petty offense.

E. A person whose rights under this section have been violated may bring a civil
action against a person who violates this section for all of the following:

1. Injunctive or declaratory relief to correct the violation.

2. Actual damages sustained by the tenant or prospective tenant.

3. A civil penalty of three times the monthly rent of the housing accommodation
involved in the violation if the violation is determined to be intentional.

4. Court costs and reasonable attorney fees.

F. Nothing in this section shall prohibit a person from refusing to rent a dwelling
by reason of reasonable occupancy standards established by the owner or the owner's agent
which apply to persons of all ages, and which have been adopted and published before the
event in issue. An occupancy limitation of two persons per bedroom residing in a
dwelling unit shall be presumed reasonable for this state and all political subdivisions
of this state.

G. Subsection B of this section applies only to dwellings occupied or intended to
be occupied by no more than four families living independently of each other and in which
the owner maintains and occupies one of the living quarters as the owner's residence.