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Whoever, whether or not acting under code or law, by force or threat of force, willfully injures, intimidates or interferes with, or attempt to injure, intimidate or interfere with, any of the following shall be fined or imprisoned, or both, as set out in § 90.99 of this chapter:
(A) Any person because of his or her race, color, religion, sex, handicap, familial status or national origin, and because he or she is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting dwellings;
(B) Any person because he or she is or has been, or in order to intimidate such person or any other person or any class of persons from:
(1) Participating, without discrimination on account of race, color, religion, sex, handicap, familial status or national origin, in any of the activities, services, organizations or facilities described in division (A) above; or
(2) Affording another person or class of persons the opportunity or protection so to participate.
(C) Any citizen because he or she is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap, familial status or national origin, in any of the activities, services, organizations or facilities described in division (A) above, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate.
(Ord. 5-2018, passed 7-23-2018; Ord. 5a-2018, passed 7-23-2018) Penalty, see § 90.99
Pursuant to 24 C.F.R. § 5.403 and 24 C.F.R. § 574.3, the definition of FAMILY is revised to include families regardless of the actual or perceived sexual orientation, gender identity or marital status of its members.
(Ord. 5-2018, passed 7-23-2018; Ord. 5a-2018, passed 7-23-2018)
(A) Exemptions defined or set forth under I.C. 22-9.5-3 et seq. shall be exempt from the provisions of this chapter, to include those activities or organizations set forth under divisions (B) and (C) below.
(B) Nothing in this chapter shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public which, as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.
(C) Nothing in this chapter regarding familial status shall apply with respect to housing for older persons. As used in this section, HOUSING FOR OLDER PERSONS means housing:
(1) Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state’s Civil Rights Commission determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program);
(2) Intended for, and solely occupied by, persons 62 years of age or older; or
(3) Intended and operated for occupancy by at least one person 55 years of age or older per unit.
(Prior Code, § 46.08) (Ord. 5-2018, passed 7-23-2018; Ord. 5a-2018, passed 7-23-2018)
(A) The authority and responsibility for properly administering this chapter and referral of complaints hereunder to the Commissioner as set forth in division (B) below shall be vested in the chief elected official of the town.
(B) Notwithstanding the provisions of I.C. 22-9.5-4-8, the town, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under the chapter, herein elects to refer all formal complaints of violation of the provisions of this chapter by complainants to the state’s Civil Rights Commission for administrative enforcement actions pursuant to I.C. 22-9.5-6, and the chief elected official of the town shall refer all said complaints to the Commission, as provided for under division (A) above for the purposes of investigation, resolution and appropriate relief as provided for under I.C. 22-9.5-6.
(C) All executive departments and agencies of the town shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this chapter and shall cooperate with the chief elected official and the Commission to further such purposes.
(D) The chief elected official of the town, or the chief elected official’s designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.
(Prior Code, § 46.09) (Ord. 5-2018, passed 7-23-2018; Ord. 5a-2018, passed 7-23-2018)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Whoever violates this chapter as set out in § 90.08 of this chapter shall be fined according to local, state and federal law; and if bodily injury results, shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, shall be subject to imprisonment for any term of years or for life.
(Ord. 5-2018, passed 7-23-2018; Ord. 5a-2018, passed 7-23-2018)