0001| SENATE BILL 995
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| CYNTHIA NAVA
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO HOUSING DISCRIMINATION; ENACTING THE FAIR HOUSING
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0012| ACT; PROVIDING PENALTIES; AMENDING AND ENACTING SECTIONS OF THE
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0013| NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0017| through 35 of this act may be cited as the "Fair Housing Act".
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0018| Section 2. [NEW MATERIAL] PURPOSE AND INTERPRETATION.-
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0019| -
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0020| A. The purposes of the Fair Housing Act are to:
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0021| (1) provide for fair housing practices in New
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0022| Mexico;
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0023| (2) create a procedure for investigating,
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0024| conciliating and resolving complaints of discriminatory housing
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0025| practices;
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0001| (3) provide rights and remedies substantially
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0002| equivalent to those granted under federal law; and
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0003| (4) encourage local governments in New Mexico
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0004| to enact and enforce local fair housing ordinances.
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0005| B. Interpretation of the Fair Housing Act shall be
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0006| based on the following policies recognized by the legislature:
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0007| (1) the specific provisions of the Fair
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0008| Housing Act addressing discriminatory housing practices shall
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0009| control over any general laws governing discriminatory
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0010| practices, including the Human Rights Act; and
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0011| (2) the rights, remedies and procedures set
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0012| forth in the Fair Housing Act shall not be interpreted to be in
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0013| derogation of any rights, remedies or procedures under federal
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0014| law or in derogation of rights and remedies available at common
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0015| law.
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0016| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
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0017| Fair Housing Act:
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0018| A. "aggrieved person" means any person who:
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0019| (1) claims to have been injured by a
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0020| discriminatory housing practice; or
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0021| (2) believes that such person will be injured
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0022| by a discriminatory housing practice that is about to occur;
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0023| B. "commission" means the human rights commission;
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0024| C. "complainant" means a person who files a
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0025| complaint pursuant to Section 17 of the Fair Housing Act;
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0001| D. "complaint" means a succinct statement of
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0002| grievances stating a factual connection to a discriminatory
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0003| housing practice filed pursuant to Section 17 of the Fair
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0004| Housing Act;
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0005| E. "conciliation" means the attempted resolution of
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0006| issues raised by a complaint or by the investigation of a
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0007| complaint, through informal negotiations involving an aggrieved
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0008| person, the respondent and the division;
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0009| F. "conciliation agreement" means a written
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0010| agreement setting forth the resolution of the issues in
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0011| conciliation;
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0012| G. "director" means the director of the division;
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0013| H. "disability" means a physical, developmental or
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0014| mental impairment that substantially limits one or more of a
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0015| person's major life activities or a documented medical
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0016| condition that poses the substantial likelihood of resulting in
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0017| a life-limiting impairment; however, "disability" does not mean
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0018| current illegal use of or addiction to a controlled substance
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0019| as defined in the Controlled Substances Act. A person is
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0020| disabled if:
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0021| (1) a medical or other verifiable record
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0022| exists stating that an individual has a life-limiting
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0023| impairment; or
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0024| (2) an individual is regarded as having a
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0025| life-limiting impairment;
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0001| I. "discriminatory housing practice" means an act
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0002| prohibited by Sections 6 through 13 of the Fair Housing Act;
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0003| J. "division" means the human rights division of
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0004| the labor department;
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0005| K. "dwelling" means:
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0006| (1) any building, structure, part or unit of a
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0007| building that is occupied as or designed or intended for
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0008| occupancy as a residency by one or more persons; or
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0009| (2) any vacant land that is offered for sale
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0010| or lease for the construction or location of a building,
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0011| structure or part of a building or structure described by
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0012| Paragraph (1) of this subsection;
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0013| L. "familial status" means a relationship where a
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0014| person is:
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0015| (1) pregnant;
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0016| (2) domiciled with a minor and is:
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0017| (a) the parent, legal custodian or
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0018| foster care custodian of the minor; or
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0019| (b) designated by the minor's parent,
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0020| with the written permission of the parent, to domicile with the
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0021| minor; or
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0022| (3) in the process of obtaining legal custody
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0023| of a minor.
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0024| M. "major life activity" means a function commonly
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0025| performed by human beings in daily life, including caring for
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0001| oneself, performing manual tasks, walking, seeing, hearing,
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0002| speaking, breathing, learning and working;
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0003| N. "multifamily dwelling" means:
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0004| (1) buildings consisting of four or more units
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0005| if the buildings have one or more elevators; or
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0006| (2) ground floor units in other buildings
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0007| consisting of four or more units;
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0008| O. "person" means an individual, partnership,
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0009| association, organization, corporation, joint venture, legal
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0010| representative, trustee, receiver or the state and all of its
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0011| subdivisions;
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0012| P. "rent" means to lease, sublease, let or
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0013| otherwise grant for consideration the right to occupy a
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0014| dwelling unit not owned by the occupant regardless of the term
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0015| of the granted occupancy;
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0016| Q. "respondent" means a person accused of a
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0017| discriminatory housing practice in a complaint filed pursuant
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0018| to the provisions of the Fair Housing Act, including a person
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0019| identified as an additional or substitute respondent pursuant
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0020| to Section 19 of that act;
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0021| R. "secretary" means the secretary of labor;
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0022| S. "serve" or "served", when used in reference to a
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0023| document under the Fair Housing Act, means personally delivered
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0024| or mailed by certified mail, return receipt requested;
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0025| T. "tenant" means a person who rents a dwelling or
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0001| a room in a dwelling; and
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0002| U. "urgent medical condition" means any medical
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0003| condition that poses a serious threat to the life of the person
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0004| with the medical condition, where the existence of the medical
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0005| condition is supported by objective medical evidence.
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0006| Section 4. [NEW MATERIAL] RELATIONSHIP TO LOCAL LAWS.-
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0007| -The Fair Housing Act does not limit the applicability of
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0008| reasonable and nondiscriminatory state or local laws that
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0009| restrict the maximum number of occupants permitted to occupy a
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0010| dwelling or that relate to health or safety standards.
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0011| Section 5. [NEW MATERIAL] EXEMPTIONS--REGULATIONS.--
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0012| A. The Fair Housing Act shall not apply to any
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0013| individual or his authorized representative in renting rooms or
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0014| units in dwellings containing living quarters occupied or
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0015| intended to be occupied by no more than four persons or groups
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0016| of persons living independently of each other, if the owner
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0017| actually maintains and occupies one of such living quarters as
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0018| his residence.
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0019| B. The Fair Housing Act does not prohibit a
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0020| religious organization, association or society, or a nonprofit
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0021| institution or organized operated, supervised or controlled by
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0022| or in conjunction with a religious organization, association or
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0023| society, unless membership in the religion is restricted
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0024| because of race, color or national origin, from:
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0025| (1) limiting the sale, rental or occupancy of
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0001| dwellings that it owns or operates for other than a commercial
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0002| purpose to persons of the same religion; or
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0003| (2) giving preference to persons of the same
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0004| religion.
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0005| C. The Fair Housing Act does not prohibit a private
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0006| club, which is not in fact open to the public, that, as an
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0007| incident to its primary purpose, provides lodging that it owns
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0008| or operates for other than a commercial purpose from limiting
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0009| the rental or occupancy of that lodging to its members or from
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0010| giving preference to its members.
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0011| D. The provisions of the Fair Housing Act shall not
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0012| apply to any single-family house sold or rented by a private
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0013| individual owner, provided that:
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0014| (1) the owner does not own more than three
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0015| single-family houses at any one time;
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0016| (2) in the case of the sale of any single-
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0017| family house by an owner not residing in the house at the time
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0018| of the sale or who was not the most recent resident of the
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0019| house prior to the sale, the exemption granted by this
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0020| subsection shall apply only with respect to one sale within any
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0021| twenty-four month period;
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0022| (3) the owner does not own any interest in,
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0023| nor is there owned or reserved on the behalf of the owner,
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0024| under any express or voluntary agreement, title to or any right
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0025| to all or a portion of the proceeds from the sale or rental of
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0001| more than three single-family houses at any one time; and
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0002| (4) the single-family house is sold or rented:
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0003| (a) without the use in any manner of the
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0004| sales or rental facilities or the sales or rental services of
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0005| any real estate broker or agent or of any employee or agent of
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0006| any broker, agent or person; or
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0007| (b) without the publication, posting or
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0008| mailing, after notice, of any advertisement or written notice
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0009| in violation of the Fair Housing Act.
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0010| E. Nothing contained in Subsection D of this
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0011| section shall prohibit the use of attorneys, escrow agents,
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0012| title companies and other professional assistance as necessary
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0013| to perfect or transfer the title to the single-family house.
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0014| F. The provisions of the Fair Housing Act relating
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0015| to familial status do not apply to housing for older persons,
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0016| where such housing:
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0017| (1) is provided under a state or federal
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0018| program that is specifically designed and operated to assist
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0019| elderly persons;
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0020| (2) is intended for, and solely occupied by,
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0021| persons sixty-two years of age or older; or
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0022| (3) is intended for, and operated for occupancy
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0023| by, at least one person fifty-five years of age or older per
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0024| unit.
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0025| G. The secretary shall, within one hundred eighty
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0001| days from the effective date of the Fair Housing Act, develop
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0002| regulations for determining whether housing qualifies for the
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0003| exemption in Paragraph (3) of Subsection F of this section.
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0004| H. Paragraphs (2) and (3) of Subsection F of this
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0005| section shall not disqualify housing from the exemption in this
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0006| section because there are persons living in such housing who do
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0007| not meet the age requirements of those paragraphs as of the
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0008| effective date of the Fair Housing Act, if all new occupants of
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0009| such housing meet the age requirements of those paragraphs.
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0010| I. Paragraphs (2) and (3) of Subsection F of this
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0011| section shall not disqualify housing from the exemption in this
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0012| section with regard to unoccupied units if the units are
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0013| reserved for occupancy by persons who meet the age requirements
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0014| of those paragraphs.
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0015| J. Paragraphs (2) and (3) of Subsection F of this
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0016| section shall not disqualify housing from the exemption in this
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0017| section with regard to units occupied by employees of the
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0018| housing and family members residing in the same unit who are
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0019| under sixty-two years of age provided they perform substantial
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0020| duties directly related to the management or maintenance of the
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0021| housing.
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0022| Section 6. [NEW MATERIAL] DISCRIMINATORY HOUSING
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0023| PRACTICES--SALE OR RENTAL.--
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0024| A. A person shall not refuse because of race,
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0025| color, religion, sex, disability, familial status, ancestry or
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0001| national origin, to:
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0002| (1) negotiate for the sale or rent of a
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0003| dwelling with a person;
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0004| (2) sell or rent to a person after receiving a
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0005| bona fide offer; or
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0006| (3) make available or withhold a dwelling from
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0007| any person.
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0008| B. A person shall not discriminate against any
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0009| person because of race, color, religion, sex, disability,
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0010| familial status, ancestry or national origin:
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0011| (1) in the terms, conditions or privileges of
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0012| sale or rent of a dwelling; or
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0013| (2) in the services or facilities provided in
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0014| connection with the sale or rent of a dwelling.
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0015| Section 7. [NEW MATERIAL] DISCRIMINATORY HOUSING
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0016| PRACTICES--PUBLICATION.--A person shall not make, print or
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0017| publish or cause to be made, printed or published, any notice,
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0018| statement or advertisement with respect to the sale or rent of
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0019| a dwelling that indicates any current preference, limitation or
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0020| discriminatory restrictions based upon race, color, religion,
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0021| sex, disability, familial status, ancestry or national origin
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0022| or that indicates an intention to make a preference, limitation
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0023| or discriminatory restriction apply in the future.
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0024| Section 8. [NEW MATERIAL] DISCRIMINATORY HOUSING
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0025| PRACTICES--RESTRICTION OF INSPECTION.--A person shall not
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0001| represent to any person because of race, color, religion, sex,
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0002| disability, familial status, ancestry or national origin that a
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0003| dwelling is not available for inspection for sale or rent when
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0004| the dwelling is available for inspection.
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0005| Section 9. [NEW MATERIAL] DISCRIMINATORY HOUSING
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0006| PRACTICES--RESIDENTIAL REAL ESTATE RELATED TRANSACTIONS--
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0007| INDUCEMENT TO SELL OR RENT.--
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0008| A. A person whose business includes engaging in
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0009| residential real estate related transactions shall not
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0010| discriminate against a person because of race, color, religion,
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0011| sex, disability, familial status, ancestry or national origin:
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0012| (1) in making a residential real estate
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0013| related transaction available; or
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0014| (2) in the terms or conditions of a real
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0015| estate related transaction.
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0016| B. As used in this section, "residential real
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0017| estate related transaction" means:
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0018| (1) making or purchasing loans or providing
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0019| other financial assistance to purchase, construct, improve,
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0020| repair or maintain a dwelling;
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0021| (2) making or purchasing loans or providing
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0022| other financial assistance to secure residential real estate;
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0023| or
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0024| (3) selling, brokering or appraising
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0025| residential real estate property.
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0001| C. Nothing in this section prohibits a person
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0002| engaged in the business of furnishing appraisals of real
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0003| property from taking into consideration factors other than
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0004| race, color, sex, disability, familial status, ancestry or
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0005| national origin.
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0006| D. A person shall not, for profit, induce or
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0007| attempt to induce a person to sell or rent a dwelling by
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0008| representations regarding the entry or prospective entry into a
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0009| neighborhood of a person of a particular race, color, religion,
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0010| sex, disability, familial status, ancestry or national origin.
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0011| Section 10. [NEW MATERIAL] DISCRIMINATORY HOUSING
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0012| PRACTICES--ACCESS TO BROKERAGE SERVICES.--
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0013| A. A person shall not deny to any person because of
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0014| race, color, religion, sex, disability, familial status,
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0015| ancestry or national origin access to or membership or
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0016| participation in a multiple listing service, real estate
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0017| broker's organization or other service, organization or
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0018| facility relating to the business of selling or renting
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0019| dwellings.
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0020| B. A person shall not discriminate against any
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0021| person because of race, color, religion, sex, disability,
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0022| familial status, ancestry or national origin in the terms or
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0023| conditions of access to or membership or participation in a
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0024| multiple listing service, real estate broker's listing service
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0025| or other service, organization or facility relating to the
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0001| business of selling or renting dwellings.
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0002| Section 11. [NEW MATERIAL] DISCRIMINATORY HOUSING
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0003| PRACTICES--UNLAWFUL INTERFERENCE OF RIGHTS.--It is unlawful to
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0004| coerce, intimidate, threaten or interfere with any person in
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0005| the exercise or enjoyment of, or on account of having exercised
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0006| or enjoyed, or on account of having aided or encouraged any
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0007| other person in the exercise or enjoyment of, any right granted
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0008| or protected by the Fair Housing Act.
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0009| Section 12. [NEW MATERIAL] DISCRIMINATORY HOUSING
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0010| PRACTICES BECAUSE OF DISABILITY--SPECIFIC PROVISIONS--
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0011| EXCEPTIONS.--
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0012| A. For purposes of this section, which prohibits
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0013| discriminatory housing practices against a person because of a
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0014| disability, "person" includes:
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0015| (1) a person residing in or intending to
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0016| reside in a dwelling made available for sale or rent after it
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0017| is sold, rented or made available; and
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0018| (2) any person associated with that person as
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0019| a guest.
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0020| B. It is unlawful to discriminate against a person
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0021| in housing practices because of a disability, including:
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0022| (1) refusing to permit, at the expense of the
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0023| person, reasonable modifications of existing premises occupied
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0024| or to be occupied by the person if the modifications may be
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0025| necessary to afford the person full enjoyment of the premises;
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0001| provided that, in the case of a rental, the landlord may, where
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0002| it is reasonable to do so, condition permission for the
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0003| modifications on the renter agreeing to restore the interior of
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0004| the premises to the condition that existed before the
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0005| modifications, reasonable wear and tear excepted; and
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0006| (2) refusing to make reasonable accommodations
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0007| in rules, policies, practices or services, when the
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0008| accommodations may be necessary to afford the person equal
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0009| opportunity to use and enjoy a dwelling.
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0010| C. This section does not require that a dwelling be
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0011| made available to a person whose tenancy would constitute a
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0012| direct threat to the health or safety of other individuals or
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0013| whose tenancy would result in substantial physical damage to
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0014| the property of others.
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0015| Section 13. [NEW MATERIAL] DISCRIMINATORY HOUSING
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0016| PRACTICES BECAUSE OF DISABILITY IN CERTAIN MULTIFAMILY
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0017| DWELLINGS--DEFINITIONS--METHODS OF COMPLIANCE.--
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0018| A. It is a discriminatory housing practice to
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0019| design or construct any multifamily dwelling available for
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0020| occupancy after March 13, 1991 that fails to meet the
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0021| accessibility standards of this section.
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0022| B. "Accessibility standards" means standards that
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0023| meet the requirements of 42 U.S.C. Section 3604(f)(3)(C), as
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0024| amended, and the federal regulations issued pursuant to that
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0025| section.
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0001| C. Compliance with the appropriate requirements of
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0002| either the American national standard for buildings and
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0003| facilities providing accessibility and usability for disabled
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0004| people, commonly cited as "ANSI A 117.1", or Chapter 31 of the
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0005| Uniform Building Code satisfies the requirements of Subsection
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0006| B of this section.
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0007| Section 14. [NEW MATERIAL] POWERS AND DUTIES OF
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0008| THE SECRETARY.--The secretary shall adopt, promulgate, amend
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0009| and repeal rules and regulations to carry out the provisions of
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0010| the Fair Housing Act.
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0011| Section 15. [NEW MATERIAL] POWERS AND DUTIES OF THE
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0012| COMMISSION.--The commission shall:
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0013| A. recommend to the secretary any rules or
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0014| regulations, or repeal or amendment to the rules and
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0015| regulations, that the commission deems necessary for the
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0016| efficient and expeditious conduct of hearings on complaints
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0017| alleging discriminatory housing practices;
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0018| B. maintain a hearing docket of all complaints on
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0019| which administrative hearings have been requested either by a
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0020| complainant or respondent, and schedule hearings in such a
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0021| manner that no such pending request for hearing remain on the
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0022| docket for more than one hundred twenty days without the
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0023| consent of both the complainant and the respondent;
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0024| C. ensure that final administrative action on a
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0025| complaint filed under the Fair Housing Act be completed not
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0001| later than one year after the complaint was filed;
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0002| D. after January 1, 1998 maintain a listing of
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0003| commission-approved hearing officers in each judicial district
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0004| in the state. Such hearing officers shall meet the
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0005| qualifications set by the commission and agree to serve as a
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0006| hearing officer on a fee per case rate set by the commission;
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0007| and
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0008| E. unless the complainant and the respondent agree
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0009| otherwise, hold hearings on complaints alleging discriminatory
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0010| housing practices at the site of the district or magistrate
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0011| court in the county where the discriminatory housing practice
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0012| is alleged to have occurred.
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0013| Section 16. [NEW MATERIAL] POWERS AND DUTIES OF THE
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0014| DIVISION.--The division shall:
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0015| A. provide such clerical and administrative support
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0016| to the commission as the secretary shall direct to enable the
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0017| commission promptly and equitably to adjudicate administrative
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0018| complaints under the Fair Housing Act;
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0019| B. accept, efficiently investigate and conciliate
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0020| complaints on discriminatory housing practices under the
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0021| procedures set out in the Fair Housing Act;
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0022| C. have the power to issue subpoenas and subpoenas
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0023| duces tecum in the name of the commission to aid the division
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0024| in the investigation of complaints under the Fair Housing Act;
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0025| D. do all things necessary to enable the secretary
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0001| to contract with the United States department of housing and
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0002| urban development to defray the costs of the division's
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0003| investigation and conciliation and the commission's costs of
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0004| administratively adjudicating complaints of discriminatory
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0005| housing practices under the Fair Housing Act; and
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0006| E. cooperate with and provide technical assistance
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0007| to all local governmental agencies that investigate complaints
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0008| of discriminatory housing practices and defer them jurisdiction
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0009| over investigation and conciliation of such complaints to local
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0010| agencies whenever the division and the local agency have a
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0011| written agreement providing for the terms of such a deferral;
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0012| provided that such local agencies are empowered to act under
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0013| local ordinances prohibiting housing discrimination, and where
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0014| such a deferral would not violate the agreements between the
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0015| division and the United States department of housing and urban
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0016| development.
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0017| Section 17. [NEW MATERIAL] COMPLAINT--DISCRIMINATORY
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0018| HOUSING PRACTICES.--
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0019| A. An aggrieved person, or a member of the
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0020| commission who has information that a discriminatory housing
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0021| practice has occurred, may file a complaint with the division
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0022| alleging the discriminatory housing practice not later than one
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0023| hundred eighty days after an alleged discriminatory housing
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0024| practice has occurred or terminated. The compliant shall be in
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0025| writing in a form prescribed by the division and may be amended
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0001| at any time. The division shall investigate all complaints
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0002| alleging discriminatory housing practices not later than thirty
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0003| days after the complaint is filed. After completion of the
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0004| division's investigation, the director shall make available to
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0005| the aggrieved person and the respondent information derived
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0006| from the investigation and the final investigation report
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0007| relating to that investigation at any time.
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0008| B. The division, upon receipt of a complaint,
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0009| shall:
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0010| (1) give the aggrieved person notice that the
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0011| complaint has been received;
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0012| (2) advise the aggrieved person of the time
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0013| limits and choice of forums pursuant to the Fair Housing Act;
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0014| and
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0015| (3) no later than the tenth day after receipt
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0016| of the complaint or the identification of an additional
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0017| respondent pursuant to Section 19 of the Fair Housing Act serve
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0018| on each respondent a notice identifying the alleged
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0019| discriminatory housing practice and advising the respondent of
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0020| the procedural rights and obligations of a respondent under
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0021| that act together with a form for answering the complaint and a
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0022| copy of the original complaint.
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0023| Section 18. [NEW MATERIAL] ANSWER--COMPLAINT.--Not
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0024| later than the thirtieth day after the receipt of the notice
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0025| and copy of the original complaint served pursuant to Paragraph
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0001| (3) of Subsection B of Section 17 of the Fair Housing Act, a
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0002| respondent may file an answer to the complaint. The answer
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0003| shall be in writing in a form prescribed by the division and
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0004| may be amended at any time. An answer shall not stop the
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0005| investigation of the complaint.
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0006| Section 19. [NEW MATERIAL] ADDITIONAL OR SUBSTITUTE
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0007| RESPONDENT.--The division may join a person not named in the
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0008| complaint as an additional or substitute respondent if in the
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0009| course of the investigation the division determined that the
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0010| person should be accused of a discriminatory housing practice.
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0011| The division shall notify the respondent joined under this
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0012| section according to the provisions of Paragraph (3) of
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0013| Subsection B of Section 17 of the Fair Housing Act and shall
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0014| provide an explanation of the basis for the determination that
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0015| the person is properly joined as a respondent.
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0016| Section 20. [NEW MATERIAL] CONCILIATION.--
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0017| A. The division shall engage, to the extent
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0018| feasible, in conciliation with respect to the complaint during
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0019| the period beginning with the division's receipt of the
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0020| complaint and ending with the filing of a charge or dismissal
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0021| by the director. The division shall maintain a record of its
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0022| conciliation efforts for each complaint.
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0023| B. A conciliation agreement:
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0024| (1) is an agreement between a respondent and a
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0025| complainant and is subject to review and comment by the
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0001| division;
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0002| (2) may provide for binding arbitration or
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0003| other method of dispute resolution. A dispute resolution that
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0004| results from a conciliation agreement may authorize relief,
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0005| including monetary relief and attorney fees; and
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0006| (3) shall be made public unless the
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0007| complainant and the respondent agree otherwise, and the
|
0008| director determines that the disclosure is not necessary to
|
0009| further the purposes of the Fair Housing Act.
|
0010| C. Nothing said or done in the course of
|
0011| conciliation may be made public or used as evidence in a
|
0012| subsequent proceeding under the Fair Housing Act or under any
|
0013| local criminal ordinance prohibiting discriminatory housing
|
0014| without the written consent of the persons concerned.
|
0015| Section 21. [NEW MATERIAL] INVESTIGATION REPORT.--The
|
0016| division shall prepare a final investigation report, which may
|
0017| be amended if additional evidence is discovered. The report
|
0018| shall include:
|
0019| A. the names and dates of contacts with witnesses;
|
0020| B. a summary of correspondence and other contacts
|
0021| with the aggrieved person and the respondent showing all the
|
0022| dates of the correspondence and contacts;
|
0023| C. a summary description of other pertinent
|
0024| records;
|
0025| D. a summary of witness statements; and
|
0001| E. answers to interrogatories.
|
0002| Section 22. [NEW MATERIAL] REASONABLE CAUSE
|
0003| DETERMINATION.--
|
0004| A. The director shall determine, based upon the
|
0005| investigation report prepared pursuant to Section 21 of the
|
0006| Fair Housing Act, whether reasonable cause exists to believe
|
0007| that a discriminatory housing practice has occurred or is about
|
0008| to occur. The director shall make his determination not later
|
0009| than one hundred days after the date the complaint is filed
|
0010| unless it is impracticable to make the determination or unless
|
0011| the director has approved a conciliation agreement relating to
|
0012| the complaint. If it is impracticable to make the termination
|
0013| within the time period, the director shall notify the
|
0014| complainant, the respondent and the commission in writing
|
0015| stating the reason for the delay.
|
0016| B. In the case of complaint filed by or on behalf
|
0017| of a person who has an urgent medical condition and has
|
0018| notified the director in writing of the objective medical
|
0019| findings evidencing that condition, the director shall make the
|
0020| determination whether reasonable cause exists for the complaint
|
0021| and shall attempt any conciliation efforts within ninety days
|
0022| of the filing of the written complaint or such notification,
|
0023| whichever occurs last.
|
0024| Section 23. [NEW MATERIAL] ISSUANCE OF CHARGE.--If the
|
0025| director determines that reasonable cause exists to believe
|
0001| that a discriminatory housing practice has occurred or is about
|
0002| to occur, the director shall, except as provided in Sections 32
|
0003| and 34 of the Fair Housing Act, immediately issue a charge on
|
0004| behalf of the aggrieved person. The director shall send a copy
|
0005| of the charge, together with a notice of the right to request
|
0006| an administrative hearing to the complainant and the
|
0007| respondent. A charge issued pursuant to this section shall:
|
0008| A. consist of a short and plain statement of the
|
0009| facts on which the director has found reasonable cause to
|
0010| believe that a discriminatory housing practice has occurred or
|
0011| is about to occur;
|
0012| B. be based on the final investigation report; and
|
0013| C. not be limited to the facts or grounds alleged
|
0014| in the complaint.
|
0015| Section 24. [NEW MATERIAL] COMPLAINT--DISMISSAL.--
|
0016| A. The director may dismiss the complaint if he
|
0017| determines that:
|
0018| (1) no reasonable cause exists to believe that
|
0019| a discriminatory housing practice has occurred or is about to
|
0020| occur; or
|
0021| (2) a discriminatory housing practice occurred
|
0022| but that it did not constitute a material violation of the Fair
|
0023| Housing Act and that the respondent made a firm offer of
|
0024| restitution to the aggrieved person.
|
0025| B. Upon dismissal of the complaint, the director
|
0001| shall send notice to the complainant and the respondent of such
|
0002| dismissal, and the notice shall clearly and conspicuously
|
0003| advise the complainant of the right to file a civil action
|
0004| pursuant to Section 33 of the Fair Housing Act.
|
0005| C. Dismissal of a complaint shall constitute final
|
0006| administrative action for the purposes of judicial review
|
0007| pursuant to Section 29 of the Fair Housing Act.
|
0008| Section 25. [NEW MATERIAL] ELECTION TO ASSERT CLAIMS--
|
0009| CIVIL ACTION AND RELIEF--ADMINISTRATIVE HEARING.--
|
0010| A. If the director issues a charge pursuant to
|
0011| Section 23 of the Fair Housing Act, either the complainant or
|
0012| the respondent may elect to have the claims asserted in that
|
0013| charge decided in a civil action under Section 33 of the Fair
|
0014| Housing Act. The election must be made not later than twenty
|
0015| days after the receipt of the electing person of service of the
|
0016| charge.
|
0017| B. If any election is made under Subsection A of
|
0018| this section, the director shall authorize, and not later than
|
0019| thirty days after the election is made, the attorney general
|
0020| shall commence and maintain a civil action on behalf of the
|
0021| aggrieved person in a New Mexico state district court, seeking
|
0022| relief under this section. Venue for civil action shall be in
|
0023| the county where the alleged discriminatory housing practice
|
0024| occurred. Any aggrieved person with respect to the issues to
|
0025| be determined in regard to the civil action may intervene as of
|
0001| right in that civil action.
|
0002| C. In a civil action under Subsection A of this
|
0003| section, if the court finds that a discriminatory housing
|
0004| practice has occurred or is about to occur, the court may grant
|
0005| as relief any relief that a court could grant with respect to
|
0006| the discriminatory housing practice in a civil action under
|
0007| Section 33 of the Fair Housing Act. Any relief so granted that
|
0008| would accrue to an aggrieved person in a civil action commenced
|
0009| by that aggrieved person under Section 33 of the Fair Housing
|
0010| Act shall also accrue to that aggrieved person in a civil
|
0011| action under this subsection. If monetary relief is sought for
|
0012| the benefit of the aggrieved person who does not intervene in
|
0013| the civil action, the court shall not award such relief if that
|
0014| aggrieved person has not complied with discovery orders entered
|
0015| by the court.
|
0016| D. If an election is not made under Subsection A of
|
0017| this section, the parties shall be given an opportunity for an
|
0018| administrative hearing with respect to the charge.
|
0019| E. Upon receipt of a request for hearing under
|
0020| Subsection D of this section, the commission shall notify the
|
0021| director, the complainant and the respondent that a request for
|
0022| hearing has been received and a notice shall set the time and
|
0023| place of the hearing. If the commission is unable to schedule
|
0024| the hearing within one hundred twenty days from the receipt of
|
0025| the request for hearing, the notice sent by the commission
|
0001| shall include notice of the right to private remedies under
|
0002| Section 33 of the Fair Housing Act.
|
0003| Section 26. [NEW MATERIAL] ADMINISTRATIVE HEARING--
|
0004| COMMISSION PANEL.--
|
0005| A. All administrative hearings requested pursuant
|
0006| to Section 25 of the Fair Housing Act shall be held before a
|
0007| panel of three commissioners of the commission.
|
0008| B. The secretary shall, on or before October 1,
|
0009| 1997, promulgate rules and regulations for the conduct of
|
0010| hearings before the commission panel pursuant to the Fair
|
0011| Housing Act.
|
0012| C. The hearing shall be conducted as expeditiously
|
0013| and inexpensively as possible, consistent with the needs and
|
0014| rights of the parties to obtain a fair hearing and a complete
|
0015| record. The rules of evidence shall not apply. A decision of
|
0016| the commission panel shall be based upon substantial evidence
|
0017| that would be otherwise admissible in a civil proceeding in the
|
0018| district court.
|
0019| D. The hearing shall be tape recorded, and a copy
|
0020| of the tape shall be maintained by the commission and be
|
0021| available for review and copying by the director, the
|
0022| complainant or the respondent.
|
0023| E. The commission panel's decision following the
|
0024| administrative hearing shall include findings of fact,
|
0025| conclusions of law and an award. The decision of the
|
0001| commission panel shall be in writing and shall be issued no
|
0002| later than thirty days after the date on which the
|
0003| administrative hearing concluded.
|
0004| F. The commission panel's decision shall constitute
|
0005| final administrative action by the commission ten days after
|
0006| the date the commission panel issues its decision.
|
0007| Section 27. [NEW MATERIAL] ADMINISTRATIVE HEARING--
|
0008| HEARING OFFICER--HEARING PROCEDURES.--
|
0009| A. An administrative hearing shall be conducted
|
0010| before a hearing officer approved by the commission pursuant to
|
0011| regulations promulgated by the secretary. Each party may
|
0012| appear in person, be represented by counsel, present evidence,
|
0013| cross-examine witnesses and obtain the issuance of subpoenas
|
0014| from the commission.
|
0015| B. The hearing shall be conducted as expeditiously
|
0016| and inexpensively as possible, consistent with the needs and
|
0017| rights of the parties to obtain a fair hearing and a complete
|
0018| record. The rules of evidence shall not apply. A decision of
|
0019| the hearing officer shall be based upon substantial evidence
|
0020| that would be otherwise admissible in a civil proceeding in the
|
0021| district court.
|
0022| C. Discovery in administrative proceedings shall be
|
0023| conducted as expeditiously and inexpensively as possible,
|
0024| consistent with the need of all parties to obtain relevant
|
0025| evidence. The commission may recommend regulations for
|
0001| promulgation by the secretary on discovery process in
|
0002| administrative hearings.
|
0003| D. The proceedings shall be tape recorded, and a
|
0004| copy of the tape shall be maintained by the commission and be
|
0005| available for review and copying by the director, the
|
0006| complainant or the respondent.
|
0007| E. The decision of the hearing officer shall
|
0008| include findings of fact, conclusions of law and an award. All
|
0009| decisions of the hearing officer shall be in writing and shall
|
0010| be issued no later than thirty days after the date on which the
|
0011| administrative hearing concluded. If the hearing officer finds
|
0012| that the respondent has not engaged or is not about to engage
|
0013| in a discriminatory housing practice, the hearing officer shall
|
0014| issue a decision dismissing the charge.
|
0015| F. The decision of a hearing officer shall
|
0016| constitute final administrative action by the commission
|
0017| fifteen days after the decision's issuance, unless either party
|
0018| to the hearing files a written objection within that time.
|
0019| Written objections shall be reviewed by the commission, and
|
0020| such review shall constitute final administrative action by the
|
0021| commission.
|
0022| G. The commission shall cause the decision, or the
|
0023| determination of the commission on any review of the decision
|
0024| under Subsection F of this section, to be served on each
|
0025| aggrieved person and each respondent in the proceeding.
|
0001| Section 28. [NEW MATERIAL] ADMINISTRATIVE REMEDIES.--
|
0002| A. If after the administrative hearing the
|
0003| commission panel or the hearing officer determines in its
|
0004| decision that a respondent has engaged in or is about to engage
|
0005| in a discriminatory housing practice, the award made in the
|
0006| decision may include actual damages, reasonable attorney fees,
|
0007| court costs and other injunctive or equitable relief.
|
0008| B. Upon a written finding that a respondent
|
0009| knowingly or willfully committed a discriminatory housing
|
0010| practice, a decision in an administrative hearing under the
|
0011| Fair Housing Act may include an award of a civil penalty
|
0012| against the respondent:
|
0013| (1) in an amount not exceeding ten thousand
|
0014| dollars ($10,000) if the respondent has not been adjudged to
|
0015| have committed any prior discriminatory housing practice;
|
0016| (2) in an amount not exceeding twenty-five
|
0017| thousand dollars ($25,000) if the respondent has been adjudged
|
0018| to have committed one other discriminatory housing practice
|
0019| during the five-year period prior to the date of the issuance
|
0020| of the current charge; or
|
0021| (3) in an amount not exceeding fifty thousand
|
0022| dollars ($50,000) if the respondent has been adjudged to have
|
0023| committed two or more discriminatory housing practices during
|
0024| the seven-year period prior to the date of the issuance of the
|
0025| current charge.
|
0001| Section 29. [NEW MATERIAL] JUDICIAL REVIEW--
|
0002| ENFORCEMENT.--A party aggrieved by a final administrative
|
0003| action by the commission may file a petition for judicial
|
0004| review as provided by the Administrative Procedures Act.
|
0005| Section 30. [NEW MATERIAL] ENFORCEMENT OF AWARD.--A
|
0006| party to an administrative hearing may bring an action in the
|
0007| district court for the county in which the alleged
|
0008| discriminatory housing practice occurred to enforce the
|
0009| decision and award of the commission. The action shall be
|
0010| brought within six months of the date of the decision and award
|
0011| made pursuant to the administrative hearing.
|
0012| Section 31. [NEW MATERIAL] ACTION FOR ENFORCEMENT--
|
0013| ATTORNEY GENERAL.--
|
0014| A. The attorney general may commence a civil action
|
0015| in the name of the state when:
|
0016| (1) the attorney general has reasonable cause
|
0017| to believe that:
|
0018| (a) the acts of the respondent, either
|
0019| specified in a complaint by an aggrieved person or identified
|
0020| through investigation by the division, constitute a pattern of
|
0021| discriminatory housing practice, in that they involve more than
|
0022| one occurrence of the same type of discriminatory housing
|
0023| practice or they will result in harm to three or more aggrieved
|
0024| persons;
|
0025| (b) a discriminatory housing practice
|
0001| may occur unless temporary and preliminary injunctive relief is
|
0002| sought pursuant to the Rules of Civil Procedure for the
|
0003| District Courts;
|
0004| (c) either parties or witnesses subject
|
0005| to subpoenas issued by the commission have engaged in contumacy
|
0006| or refusal to obey a subpoena of the commission, and should
|
0007| thereby be subject to the contempt powers of the district
|
0008| court; or
|
0009| (d) a separate action is necessary for
|
0010| enforcement of the terms of the conciliation agreement or of
|
0011| the decision in an administrative hearing pursuant to the Fair
|
0012| Housing Act; or
|
0013| (2) an election has been made pursuant to
|
0014| Section 25 of the Fair Housing Act.
|
0015| B. In an action brought by the attorney general
|
0016| pursuant to Subparagraph (a) or (d) of Paragraph (1) or
|
0017| Paragraph (2) of Subsection A of this section:
|
0018| (1) that results in a money judgment for
|
0019| damages, all damages shall be for the benefit of the
|
0020| complainant or aggrieved person who was the subject of the
|
0021| discriminatory practice; and
|
0022| (2) any costs or other monetary relief awarded
|
0023| shall be retained for the benefit of the commission.
|
0024| C. In an action brought by the attorney general
|
0025| pursuant to Subparagraph (a) or (d) of Paragraph (1) of
|
0001| Subsection A of this section, upon timely application any
|
0002| person may intervene in the action if the person has been
|
0003| harmed by the discriminatory housing practice or is a party to
|
0004| the conciliation agreement.
|
0005| D. In actions brought by the attorney general
|
0006| pursuant to the Fair Housing Act, venue for the action shall be
|
0007| in the county where alleged discriminatory housing practice
|
0008| occurred.
|
0009| Section 32. [NEW MATERIAL] PENDING CIVIL TRIAL--
|
0010| CHARGE--ADMINISTRATIVE HEARING.--The director shall not issue a
|
0011| charge pursuant to the Fair Housing Act, and an administrative
|
0012| hearing under the Fair Housing Act shall not continue,
|
0013| regarding an alleged discriminatory housing practice after
|
0014| commencement of the trial of civil action brought by the
|
0015| aggrieved party pursuant to federal or state law seeking relief
|
0016| with respect to the discriminatory housing practice or after an
|
0017| adjudication on the merits in a court of record in which the
|
0018| aggrieved person has sought relief with respect to such
|
0019| discriminatory housing practice.
|
0020| Section 33. [NEW MATERIAL] CIVIL ACTION.--
|
0021| A. An aggrieved person may file a civil action in
|
0022| district court not later than the second year after the
|
0023| occurrence of the termination of an alleged discriminatory
|
0024| housing practice, or the breach of a conciliation agreement
|
0025| entered into pursuant to the Fair Housing Act, whichever occurs
|
0001| later, to obtain appropriate relief with respect to the
|
0002| discriminatory practice or breach.
|
0003| B. The two-year period does not include any time
|
0004| during which an investigation or an administrative hearing is
|
0005| pending with respect to a complaint or charge pursuant to the
|
0006| Fair Housing Act based on discriminatory housing practice.
|
0007| This subsection does not apply to actions for breach of a
|
0008| conciliation agreement or for enforcement of decisions of the
|
0009| commission.
|
0010| C. An aggrieved person may file a civil action
|
0011| pursuant to this section whether or not a complaint has been
|
0012| filed pursuant to Section 17 of the Fair Housing Act and
|
0013| without regard to the status of a complaint filed pursuant to
|
0014| that section.
|
0015| D. If the division has approved a conciliation
|
0016| agreement on a complaint with the consent of an aggrieved
|
0017| person, or if the commission had issued an award following an
|
0018| administrative hearing arising out of the complaint, the
|
0019| aggrieved person shall not file an action pursuant to this
|
0020| section with respect to the alleged discriminatory housing
|
0021| practice that formed the basis for the complaint except to
|
0022| enforce the terms of the conciliation agreement or award.
|
0023| E. An aggrieved person shall not file an action
|
0024| pursuant to this section with respect to an alleged
|
0025| discriminatory housing practice when the attorney general has
|
0001| filed an action in the name of the state pursuant to Section 31
|
0002| of the Fair Housing Act.
|
0003| F. In an action pursuant to this section or
|
0004| Paragraph (1) of Subsection A of Section 31 of the Fair Housing
|
0005| Act, if the court finds that a discriminatory housing practice
|
0006| has occurred or is about to occur, the court may award to the
|
0007| plaintiff actual and punitive damages, reasonable attorney
|
0008| fees, court costs and injunctive relief, including an order
|
0009| enjoining the defendant from engaging in the practice or
|
0010| ordering appropriate affirmative action. Such relief shall not
|
0011| affect the contract, sale, encumbrance or lease that was
|
0012| consummated before the granting of the relief and involved a
|
0013| bona fide purchaser, encumbrancer or tenant who did not have
|
0014| actual notice of the filing of a complaint pursuant to the Fair
|
0015| Housing Act or a civil action pursuant to this section.
|
0016| Section 34. [NEW MATERIAL] LAND USE LAWS.--If the
|
0017| director determines that the subject matter of a complaint
|
0018| involves the legality of a state or local zoning or other land
|
0019| use law or ordinance, the director shall not issue a charge and
|
0020| shall immediately refer the matter to the attorney general for
|
0021| appropriate action.
|
0022| Section 35. [NEW MATERIAL] COMMISSION ORDER.--A final
|
0023| administrative action made pursuant to the Fair Housing Act
|
0024| does not affect a contract, sale, encumbrance or lease that was
|
0025| consummated before the decision or award was made and that
|
0001| involved a bona fide purchaser, encumbrancer or tenant who did
|
0002| not have actual notice of the complaint that resulted in the
|
0003| charge.
|
0004| Section 36. Section 28-1-2 NMSA 1978 (being Laws 1969,
|
0005| Chapter 196, Section 2, as amended) is amended to read:
|
0006| "28-1-2. DEFINITIONS.--As used in the Human Rights Act:
|
0007| A. "person" means one or more individuals, a
|
0008| partnership, association, organization, corporation, joint
|
0009| venture, legal representative, trustees, receivers or the state
|
0010| and all of its political subdivisions;
|
0011| B. "employer" means any person employing four or
|
0012| more persons and any person acting for an employer;
|
0013| C. "commission" means the human rights commission;
|
0014| D. "director" means the director of the human
|
0015| rights division of the labor department;
|
0016| E. "employee" means any person in the employ of an
|
0017| employer or an applicant for employment;
|
0018| F. "labor organization" means any organization
|
0019| [which] that exists for the purpose in whole or in part of
|
0020| collective bargaining or of dealing with employers concerning
|
0021| grievances, terms or conditions of employment or of other
|
0022| mutual aid or protection in connection with employment;
|
0023| G. "employment agency" means any person regularly
|
0024| undertaking with or without compensation to procure
|
0025| opportunities to work or to procure, recruit or refer
|
0001| employees;
|
0002| H. "public accommodation" means any establishment
|
0003| that provides or offers its services, facilities,
|
0004| accommodations or goods to the public, but does not include a
|
0005| bona fide private club or other place or establishment
|
0006| [which] that is by its nature and use distinctly private;
|
0007| [I. "housing accommodation" means any building or
|
portion of a building which is constructed or to be
|
constructed, which is used or intended for use as the residence
|
or sleeping place of any individual;
|
J. "real property" means lands, leaseholds or
|
commercial or industrial buildings, whether constructed or to
|
be constructed, offered for sale or rent, and any land rented
|
or leased for the use, parking or storage of house trailers;
|
K.] I. "secretary" means the secretary of labor;
|
0016| [L.] J. "unlawful discriminatory practices"
|
0017| means those unlawful practices and acts specified in Section
|
0018| 28-1-7 NMSA 1978;
|
0019| [M.] K. "physical or mental handicap" means a
|
0020| physical or mental impairment that substantially limits one or
|
0021| more of an individual's major life activities. An individual
|
0022| is also considered to be physically or mentally handicapped if
|
0023| he has a record of a physical or mental handicap or is regarded
|
0024| as having a physical or mental handicap;
|
0025| [N.] L. "major life activities" means functions
|
0001| such as caring for one's self, performing manual tasks,
|
0002| walking, seeing, hearing, speaking, breathing, learning and
|
0003| working; and
|
0004| [O.] M. "applicant for employment" means a
|
0005| person applying for a position as an employee."
|
0006| Section 37. Section 28-1-7 NMSA 1978 (being Laws 1969,
|
0007| Chapter 196, Section 7, as amended) is amended to read:
|
0008| "28-1-7. UNLAWFUL DISCRIMINATORY PRACTICE.--It is an
|
0009| unlawful discriminatory practice for:
|
0010| A. an employer, unless based on a bona fide
|
0011| occupational qualification, to refuse to hire, to discharge, to
|
0012| promote or demote or to discriminate in matters of
|
0013| compensation, terms, conditions or privileges of employment
|
0014| against any person otherwise qualified because of race, age,
|
0015| religion, color, national origin, ancestry, sex, physical or
|
0016| mental handicap or serious medical condition; provided,
|
0017| however, that 29 U.S.C. Section 631(c)(1) and (2) shall apply
|
0018| to discrimination based on age;
|
0019| B. a labor organization to exclude an individual or
|
0020| to expel or otherwise discriminate against any of its members
|
0021| or against any employer or employee because of age, race,
|
0022| religion, color, national origin, ancestry, sex, physical or
|
0023| mental handicap or serious medical condition;
|
0024| C. any employer, labor organization or joint
|
0025| apprenticeship committee to refuse to admit or employ any
|
0001| individual in any program established to provide an
|
0002| apprenticeship or other training or retraining because of
|
0003| age, race, religion, color, national origin, ancestry, sex,
|
0004| physical or mental handicap or serious medical condition;
|
0005| D. any person, employer, employment agency or labor
|
0006| organization to print or circulate or cause to be printed or
|
0007| circulated any statement, advertisement or publication, to use
|
0008| any form of application for employment or membership or to make
|
0009| any inquiry regarding prospective membership or employment
|
0010| [which] that expresses, directly or indirectly, any
|
0011| limitation, specification or discrimination as to age, race,
|
0012| color, religion, national origin, ancestry, sex, physical or
|
0013| mental handicap or serious medical condition unless based on a
|
0014| bona fide occupational qualification;
|
0015| E. an employment agency to refuse to list and
|
0016| properly classify for employment or refer an individual for
|
0017| employment in a known available job, for which the individual
|
0018| is otherwise qualified, because of age, race, religion,
|
0019| color, national origin, ancestry, sex or physical or mental
|
0020| handicap, unless based on a bona fide occupational
|
0021| qualification, or to comply with a request from an employer for
|
0022| referral of applicants for employment if the request indicates
|
0023| either directly or indirectly that the employer discriminates
|
0024| in employment on the basis of age, race, religion, color,
|
0025| national origin, ancestry, sex, physical or mental handicap or
|
0001| serious medical condition unless based on a bona fide occupa-
|
0002|
|
0003| tional qualification;
|
0004| F. any person in any public accommodation to make a
|
0005| distinction, directly or indirectly, in offering or refusing to
|
0006| offer its services, facilities, accommodations or goods to any
|
0007| individual because of age, race, religion, color, national
|
0008| origin, ancestry, sex or physical or mental handicap;
|
0009| [provided that the physical or mental handicap is unrelated to
|
an individual's ability to acquire or rent and maintain
|
particular real property or housing accommodation;
|
G. any person to:
|
(1) refuse to sell, rent, assign, lease or
|
sublease or offer for sale, rental, lease, assignment or
|
sublease any housing accommodation or real property to any
|
individual or to refuse to negotiate for the sale, rental,
|
lease, assignment or sublease of any housing accommodation or
|
real property to any individual because of race, religion,
|
color, national origin, ancestry, sex or physical or mental
|
handicap, provided that the physical or mental handicap is
|
unrelated to an individual's ability to acquire or rent and
|
maintain particular real property or housing accommodation;
|
(2) discriminate against any individual in the
|
terms, conditions or privileges of the sale, rental,
|
assignment, lease or sublease of any housing accommodation or
|
real property or in the provision of facilities or services in
|
connection therewith because of the race, religion, color,
|
national origin, ancestry, sex or physical or mental handicap,
|
provided that the physical or mental handicap is unrelated to
|
an individual's ability to acquire or rent and maintain
|
particular real property or housing accommodation; or
|
(3) print, circulate, display or mail or cause
|
to be printed, circulated, displayed or mailed any statement,
|
advertisement, publication or sign or use any form of
|
application for the purchase, rental, lease, assignment or
|
sublease of any housing accommodation or real property or to
|
make any record or inquiry regarding the prospective purchase,
|
rental, lease, assignment or sublease of any housing
|
accommodation or real property which expresses any preference,
|
limitation or discrimination as to race, religion, color,
|
national origin, ancestry, sex or physical or mental handicap,
|
provided that the physical or mental handicap is unrelated to
|
an individual's ability to acquire or rent and maintain
|
particular real property or housing accommodation;
|
H.] G. any person to whom application is made
|
0021| [either for financial assistance for the acquisition,
|
construction, rehabilitation, repair or maintenance of any
|
housing accommodation or real property or] for any type of
|
0024| consumer credit, including financial assistance for the
|
0025| acquisition of any consumer good as defined by Section 55-9-109
|
0001| NMSA 1978, to:
|
0002| (1) consider the age, race, religion, color,
|
0003| national origin, ancestry, sex or physical or mental handicap
|
0004| of any individual in the granting, withholding, extending,
|
0005| modifying or renewing or in the fixing of the rates, terms,
|
0006| conditions or provisions of any financial assistance or in the
|
0007| extension of services in connection with the request for
|
0008| financial assistance; or
|
0009| (2) use any form of application for financial
|
0010| assistance or to make any record or inquiry in connection with
|
0011| applications for financial assistance [which] that
|
0012| expresses, directly or indirectly, any limitation,
|
0013| specification or discrimination as to age, race, religion,
|
0014| color, national origin, ancestry, sex or physical or mental
|
0015| handicap;
|
0016| [I.] H. any person or employer to:
|
0017| (1) aid, abet, incite, compel or coerce the
|
0018| doing of any unlawful discriminatory practice or to attempt to
|
0019| do so;
|
0020| (2) engage in any form of threats, reprisal or
|
0021| discrimination against any person who has opposed any unlawful
|
0022| discriminatory practice or has filed a complaint, testified or
|
0023| participated in any proceeding under the Human Rights Act; or
|
0024| (3) willfully obstruct or prevent any person
|
0025| from complying with the provisions of the Human Rights Act or
|
0001| to resist, prevent, impede or interfere with the commission or
|
0002| any of its members, staff or representatives in the performance
|
0003| of their duties under the Human Rights Act; or
|
0004| [J.] I. any employer to refuse or fail to
|
0005| accommodate to an individual's physical or mental handicap or
|
0006| serious medical condition, unless such accommodation is
|
0007| unreasonable or an undue hardship."
|
0008| Section 38. Section 28-1-9 NMSA 1978 (being Laws 1969,
|
0009| Chapter 196, Section 8, as amended) is amended to read:
|
0010| "28-1-9. EXEMPTIONS.--Nothing contained in the Human
|
0011| Rights Act shall:
|
0012| [A. apply to any single-family dwelling sold,
|
leased, subleased or rented by an owner without the making of
|
any notice, statement or advertisement with respect to the
|
sale, lease, sublease or rental of a dwelling unit that
|
indicates any preference, limitation or discrimination based on
|
race, color, religion, national origin, ancestry or sex. This
|
exemption is subject to these further reservations:
|
(1) to qualify for the exemption, the seller
|
must not be an owner of or own or have reserved any interest in
|
more than three single-family dwellings; and
|
(2) if the seller doesn't presently live in
|
the dwelling or he was not the most recent occupant, then the
|
exemption granted in this section will only apply to one sale
|
in twenty-four months;
|
B.] A. bar any religious or denominational
|
0002| institution or organization [which] that is operated,
|
0003| [or] supervised or controlled by or is operated in connection
|
0004| with a religious or denominational organization from limiting
|
0005| admission to or giving preference to persons of the same
|
0006| religion or denomination [or from making selections of buyers,
|
lessees or tenants] as are calculated by the organization or
|
0008| denomination to promote the religious or denominational
|
0009| principles for which it is established or maintained, unless
|
0010| membership in the religious or denominational organization is
|
0011| restricted on account of race, color, national origin or
|
0012| ancestry;
|
0013| [C. apply to rooms or units in dwellings
|
containing living quarters occupied or intended to be occupied
|
by no more than four families living independently of each
|
other, if the owner actually maintains and occupies one of the
|
living quarters as his residence;
|
D.] B. apply to public restrooms, public
|
0019| showers, public dressing facilities or sleeping quarters in
|
0020| public institutions, where the preference or limitation is
|
0021| based on sex; and
|
0022| [E.] C. prevent the mandatory retirement of an
|
0023| employee upon reaching the age of sixty-five years or older, if
|
0024| the employer is operating under a retirement plan [which]
|
0025| that meets the requirements of Public Law 93-406, the
|
0001| Employee Retirement Income Security Act of 1974."
|
0002| Section 39. EFFECTIVE DATE.--
|
0003| A. The effective date of the provisions of Sections
|
0004| 1 through 26 and 28 through 38 of this act is July 1, 1997.
|
0005| B. The effective date of the provisions of Section
|
0006| 27 of this act is January 1, 1998.
|
0007| Section 40. DELAYED REPEAL.--Section 26 of the Fair
|
0008| Housing Act is repealed effective January 1, 1998.
|
0009| - 42 -
|