§ 93.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
   As made applicable by § 93.03 and except as exempted by §§ 93.03(B) and 93.09, it shall be unlawful:
   (A)   To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, disability or national origin;
(I.C. 22-9.5-5-1(a))
   (B)   To 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, family status, disability or national origin;
(I.C. 22-9.5-5-1(b))
   (C)   To 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;
(I.C. 22-9.5-5-2)
   (D)   To represent to any person because of race, color, religion, sex, disability, familial status or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is available for inspection;
(I.C. 22-9.5-3-3)
   (E)   For profit to induce or attempt to induce any person to sell or rent a dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, color, religion, sex, disability, familial status or national origin; and
(I.C. 22-9.5-5-4)
   (F)   (1)   To discriminate in the sale or rental or otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
         (a)   That buyer or renter:
         (b)   A person residing in or intending to reside in the dwelling after it is sold, rented or made available; or
         (c)   Any person associated with the buyer or renter.
      (2)   To 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:
         (a)   The person;
         (b)   A person residing in or intending to reside in the dwelling after it is sold, rented, or made available; or
         (c)   Any person associated with the person.
      (3)   For purposes of this division (C), DISCRIMINATION includes:
         (a)   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 except that in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
         (b)   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;
         (c)   In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that:
            1.   The public use and common use parts of the dwellings are readily accessible to and usable by persons with disabilities;
            2.   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
            3.   All premises within dwellings contain the following features of adaptive design:
               a.   An accessible route into and through the dwelling;
               b.   Light, switches, electrical outlets, thermostats and other environmental controls in accessible locations;
               c.   Reinforcements in bathroom walls to allow later installation of grab bars;
               d.   Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
      (4)   As used in (F)(3)(c) above, COVERED MULTI-FAMILY DWELLINGS means:
         (a)   Buildings consisting of four or more units if the buildings have one or more elevators; or
         (b)   Ground floor units in other buildings consisting of four or more units.
      (5)   Compliance with the rules of the 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 (F)(3)(c)3. above.
      (6)   This section does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others.
(I.C. 22-9.5-5-5)
(Ord. 98-5, passed 2-2-1998)
Penalty, see § 10.99