R.I. Gen. Laws ch. 34-37 § 34-37-3

Definitions

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/15/2026Rhode IslandProtected Classes (State/Local)

Operative Text

R.I. Gen. Laws ch. 34-37 § 34-37-3
When used in this chapter:

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


(2) "Armed forces" means the Army, Navy, Marine Corps, Coast Guard, Merchant Marines,
Space Force, or Air Force of the United States and the Rhode Island National Guard.


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


(4) "Disability" means a disability as defined in § 42-87-1.


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.


(5) "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, lawful source of income, military status as
a veteran with an honorable discharge or an honorable or general administrative discharge,
servicemember in the armed forces, country of ancestral origin, disability, age, housing
status, or familial status or because of the race, color, religion, sex, sexual orientation,
gender identity or expression, marital status, lawful source of income, military status
as a veteran with an honorable discharge or an honorable or general administrative
discharge, servicemember in the armed forces, country of ancestral origin, disability,
age, housing status, or familial status of any person with whom they are, or may wish
to be, associated.


(6) 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.


(7)(i) "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.


(8) The terms, as used regarding persons with disabilities, "auxiliary aids and services,"
"reasonable accommodation," and "reasonable modifications" have the same meaning as
those terms are defined in § 42-87-1.1.


(9) 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.


(10) "Housing accommodation" includes any building or structure, or portion of any building
or structure, or any parcel of land, developed or undeveloped, that 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.


(11) "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.


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


(13) "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.


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


(15) The term "sexual orientation" means having, or being perceived as having, an orientation
for heterosexuality, bisexuality, or homosexuality.


(16) 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.


(17) The term "housing status" means the status of having or not having a fixed or regular
residence, including the status of living on the streets or in a homeless shelter
or similar temporary residence.


(18) The term "lawful source of income" means and includes any income, benefit, or subsidy
derived from child support; alimony; Social Security; Supplemental Security Income;
any other federal, state, or local public assistance program, including, but not limited
to, medical or veterans assistance; any federal, state, or local rental assistance
or housing subsidy program, including Section 8 Housing Choice Vouchers as authorized
by 42 U.S.C. § 1437; and any requirement associated with such public assistance, rental assistance, or
housing subsidy program.
Source: Legislative text reproduced verbatim
Plain English

Section 34-37-3 of Rhode Island General Laws Chapter 34-37 establishes the foundational vocabulary for the state's fair housing law. It defines the protected characteristics—such as race, disability, familial status, gender identity or expression, housing status, and lawful source of income—that cannot legally serve as the basis for differential treatment in housing. The definitions also clarify key terms like 'discriminate,' 'owner,' and 'housing accommodation,' setting the interpretive boundaries for all other provisions in the chapter. Notably, 'lawful source of income' explicitly includes Section 8 Housing Choice Vouchers and other public assistance, while 'disability' expressly excludes current illegal drug use or addiction.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 15, 2026

Plain English — not legal advice.

For Property Managers

Under § 34-37-3, the broad definition of 'discriminate' means that compliant housing operators apply consistent standards across all of the listed protected classes—including housing status and lawful source of income—when advertising, screening, and managing tenants. Because 'owner' is defined to include anyone with the right to sell, rent, lease, or manage a housing accommodation, property managers and agents are subject to the same obligations as the property's title holder. Operators familiar with these definitions are generally better positioned to develop policies that align with the full scope of the chapter's requirements.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 34-37-3 defines the protected characteristics that Rhode Island's fair housing law covers, which is the starting point for understanding whether a housing-related action may constitute unlawful discrimination. The definition of 'lawful source of income' in this section explicitly includes Section 8 vouchers and other public assistance, meaning that a landlord's refusal to accept such benefits may fall within the chapter's protections. Tenants who believe they have experienced differential treatment based on any of the characteristics defined here can explore options such as filing a complaint with the Rhode Island Commission for Human Rights (the 'Commission' as defined in this section) or consulting a tenant-rights organization for guidance.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 15, 2026
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References Out

Rules and statutes cited by this regulation

R.I. Gen. Laws § 28-5-8
Not yet ingested
21 U.S.C. § 802
Not yet ingested
R.I. Gen. Laws § 15-15-1
Not yet ingested
R.I. Gen. Laws § 12-29-2
Not yet ingested
R.I. Gen. Laws § 42-87-1.1
Not yet ingested
R.I. Gen. Laws ch. 5-20.5
Not yet ingested
42 U.S.C. § 1437
Not yet ingested

References In

Rules and statutes that cite this regulation

R.I. Gen. Laws § 34-37-3
R.I. Gen. Laws § 34-37-4
R.I. Gen. Laws § 34-37-6
R.I. Gen. Laws ch. 34-37
R.I. Gen. Laws § 34-37-5
R.I. Gen. Laws ch. 34-37

Related Rules

§ 1
Definitions
§ 3
Functions, powers and duties of commission
§ 4
Unlawful practices

Source Information

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