§ 93.04  DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
    Subject to exemptions hereafter set forth and the provisions of I.C. 22-9.5-3, the following shall apply:
   (A)   A person may not refuse to sell or to rent after the making of a bona fide offer, refuse to negotiate for the sale or rental, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, familial status, disability, or national origin.
   (B)   A person may not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling, because of race, color, religion, sex, familial status, disability, or national origin.
   (C)   A person may not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make such a preference, limitation or discrimination.
   (D)   A person may not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection.
   (E)   A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status, or national origin.
   (F)   A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of:
      (1)   The buyer or renter;
      (2)   A person residing in or intending to reside in the dwelling after the dwelling is sold, rented or made available; or
      (3)   Any person associated with the buyer or renter.
   (G)   A person may not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of:
      (1)   The person;
      (2)   A person residing in or intending to reside in the dwelling after the dwelling is sold, rented, or made available; or
      (3)   Any person associated with the person.
   (H)   For purposes associated with discrimination based upon disability only, discrimination includes the following:
      (1)   A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises;
      (2)   A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling.
      (3)   In connection with the design and construction of covered multi-family dwellings for the first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that:
         (a)   The public use and common use parts of the dwellings are readily accessible to and usable by persons with disabilities;
         (b)   All the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and
         (c)   All premises within the dwellings contain the following features of adaptive design:
            1.   An accessible route into and through the dwelling;
            2.   Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
            3.    Reinforcements in bathroom walls to allow later installation of grab bars; and
            4.   Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
         (d)   As used in division (H), COVERED MULTI-FAMILY DWELLING means:
            1.   Buildings consisting of four or more units if the buildings have one or more elevators; and
            2.   Ground floor units in other buildings consisting of four or more units.
   (I)   As relates to divisions (F) through (H), compliance with the rules of fire prevention and building safety commission that incorporate by reference the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for people with physical disabilities (ANSI A117.1) satisfies the requirements of division (H)(3)(c).
   (J)   As relates to divisions (F) through (I), it is not required that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
   (K)   This section does not prohibit discrimination against a person because the person has been convicted under federal or the law of any state of the illegal manufacture or distribution of a controlled substance.
(Ord. 2014-10, passed 5-27-2014; Am. Ord. 2020-10, passed 5-12-2020)   Penalty, see § 10.99