As used in this part 5, unless the context otherwise requires:
(1) “Aggrieved person” means any person who claims to have been injured by a discriminatory housing practice or believes that he will be injured by a discriminatory housing practice that is about to occur.
(1.3)(a) “Disability” means a physical impairment which substantially limits one or more of a person's major life activities and includes a record of such an impairment and being regarded as having such an impairment.
(b)(I) On and after July 1, 1990, as to this part 5, “disability” also includes a person who has a mental impairment, but the term does not include any person currently involved in the illegal use of a controlled substance or a substance use disorder with respect to a controlled substance.
(II) The term “mental impairment” as used in subsection (1.3)(b)(I) of this section means any behavioral, mental, or psychological disorder, such as an intellectual and developmental disability, organic brain syndrome, behavioral or mental health disorder, or specific learning disability.
(1.5) “Discriminate” includes both segregate and separate.
(1.6) “Familial status” means one or more individuals, who have not attained eighteen years of age, being domiciled with a parent or another person having legal custody of or parental responsibilities for such individual or individuals or the designee of such parent or other persons having such custody or parental responsibilities with the written permission of such parent or other person. Familial status shall apply to any person who is pregnant or is in the process of securing legal custody or parental responsibilities of any individual who has not attained eighteen years of age.
(2) “Housing” means any building, structure, vacant land, or part thereof offered for sale, lease, rent, or transfer of ownership; except that “housing” does not include any room offered for rent or lease in a single-family dwelling maintained and occupied in part by the owner or lessee of said dwelling as his household.
(3) “Person” has the meaning ascribed to such term in section 24-34-301(5) and includes any owner, lessee, proprietor, manager, employee, or any agent of a person; but, for purposes of this part 5, “person” does not include any private club not open to the public, which as an incident to its primary purpose or purposes provides lodgings that it owns or operates for other than a commercial purpose unless such club has the purpose of promoting discrimination in the matter of housing against any person because of disability, race, creed, color, religion, sex, sexual orientation, marital status, familial status, national origin, or ancestry.
(4) “Restrictive covenant” means any specification limiting the transfer, rental, or lease of any housing because of disability, race, creed, color, religion, sex, sexual orientation, marital status, familial status, national origin, or ancestry.
(5) “Transfer”, as used in this part 5, shall not apply to transfer of property by will or by gift.
(6) “Unfair housing practices” means those practices specified in section 24-34-502 .
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