2005 Rhode Island Code - § 34-37-3 — Definitions.

    When used in this chapter:

   (1) "Age" means anyone over the age of eighteen (18).

   (2) "Commission" means the Rhode Island commission for human rights created by § 28-5-8.

   (3) "Discriminate" includes segregate, separate, or otherwise differentiate between or among individuals because of race, color, religion, sex, sexual orientation, gender identity or expression, marital status, country of ancestral origin, disability, age, or familial status or because of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, country of ancestral origin, disability, age or familial status of any person with whom they are or may wish to be associated.

   (4) "Familial status" means one or more individuals who have not attained the age of eighteen (18) years being domiciled with:

   (A) A parent or another person having legal custody of the individual or individuals; or

   (B) The designee of the parent or other person having the custody, with the written permission of the parent or other person provided that if the individual is not a relative or legal dependent of the designee, that the individual shall have been domiciled with the designee for at least six (6) months.

   (ii) The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

   (5) "Disability" means any person who:

   (A) Has a physical or mental impairment which substantially limits one or more major life activities,

   (B) Has a record of such an impairment, or

   (C) Is regarded as having such an impairment, and

   (D) Is otherwise qualified;

   (ii) Provided, however, that whether a person has a disability shall be determined without regard to the availability or use of mitigating measures, such as reasonable accommodations, prosthetic devices, medications or auxiliary aids;

   (iii) Provided further that the term "disability" does not include current, illegal use of or addiction to a controlled substance, as defined in 21 U.S.C. § 802.

   (6) "Has a record of an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

   (7) "Housing accommodation" includes any building or structure or portion of any building or structure, or any parcel of land, developed or undeveloped, which is occupied or is intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or residence of one or more persons.

   (8) [Deleted by P.L. 1997, ch. 150, § 8.]

   (9) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

   (10) "Otherwise qualified" includes any person with a disability who with respect to the rental of property, personally or with assistance arranged by the person with a disability, is capable of performing all the responsibilities of a tenant as contained in § 34-18-24.

   (11) "Owner" includes any person having the right to sell, rent, lease, or manage a housing accommodation.

   (12) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as defined in chapter 20.5 of title 5.

   (13) "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

   (14) "Regarded as having an impairment" means has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting a limitation; has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of those toward the impairment; or has none of the impairments but is treated as having an impairment.

   (15) "Senior citizen" means a person sixty-two (62) years of age or older.

   (16) The term "sexual orientation" means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state nor impose any duty on a religious organization. This definition does not confer legislative approval of said status, but is intended to assure the basic human rights of persons to hold and convey property and to give and obtain credit, regardless of such status.

   (17) The term "gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self image, gender-related appearance, or gender-related expression; whether or not that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth.

   (18) The term "domestic abuse" for the purposes of this chapter shall have the same meaning as that set forth in § 15-15-1, and include all forms of domestic violence as set forth in § 12-29-2, except that the domestic abuse need not involve a minor or parties with minor children.

   (19) The term "victim" means a family or household member and all other persons contained within the definition of those terms as defined in § 12-29-2.