CHAPTER 94: FAIR HOUSING
Section
   94.01   Policy statement
   94.02   Definitions
   94.03   Unlawful practices
   94.04   Discrimination in the sale or rental of housing
   94.05   Discrimination in residential real estate-related transactions
   94.06   Discrimination in the provision of brokerage services
   94.07   Interference, coercion or intimidation
   94.08   Prevention of intimidation in fair housing cases
   94.09   Equal access to housing in HUD programs
   94.10   Exemptions
   94.11   Administrative enforcement
   94.12   Adoption of state fair housing law
 
   94.99   Penalty
§ 94.01 POLICY STATEMENT.
   It shall be the policy of the Daviess County Commissioners to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the Federal Civil Rights Act of 1968, as amended, the Federal Housing and Community Development Act of 1974, as amended, and I.C. 22-9.5-1 et seq.
(Ord. 2005-8, passed 7-25-2005; Ord. 2015-4, passed 6-22-2015)
§ 94.02 DEFINITIONS.
   The definitions set forth in this section shall apply throughout this chapter.
   AGGRIEVED PERSON. Includes any person who (See also I.C. 22-9.5-2-2):
      (1)   Claims to have been injured by a discriminatory housing practice; or
      (2)   Believes that such person will be injured by a discriminatory housing practice that is about to occur.
   COMMISSION. The Indiana Civil Rights Commission created pursuant to I.C. 22-9-1-4 et seq. (See also I.C. 22-9.5-2-3).
   COMPLAINANT. A person, including the Commission, who files a complaint under I.C. 22-9.5-6 (See also I.C. 22-9.5-2-4).
   DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 94.04 through 94.08 or I.C. 22-9.5-5.
   DWELLING. Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one or more families (See also I.C. 22-9.5-2-8).
   FAMILIAL STATUS.
      (1)   One or more individuals who have not attained the age of 18 years being domiciled with a parent or another person having legal custody of such individual or the written permission of such parent or other person.
      (2)   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 18 years.
   FAMILY. Includes a single individual (I.C. 22-9.5-2-9), with the status of such family being further defined under FAMILIAL STATUS. See also, § 94.09.
   HANDICAP. 
      (1)   With respect to a person:
         (a)   A physical or mental impairment which substantially limits one or more of such person's major life activities;
         (b)   A record of having such an impairment;
         (c)   Being regarded as having such an impairment;
         (d)   An impairment described or defined pursuant to the federal Americans with Disabilities Act of 1990; or
         (e)   Any other impairment defined in 910 I.A.C. 2-3.
      (2)   The term HANDICAP shall not include current illegal use of or addictions to a controlled substance as defined in 21 U.S.C. § 802 and 910 I.A.C. 2-3-2(14); nor does the term HANDICAP include an individual solely because that individual is a transvestite 910 I.A.C. 2-3-2(14).
   PERSON. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, non-incorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries (See also I.C. 22-9.5-2-11).
   TO RENT. Includes to lease, to sublease, to let and otherwise to grant for a consideration the rights to occupy the premises owned by the occupant (See also I.C. 22-9.5-2-13).
(Ord. 2005-8, passed 7-25-2005; Ord. 2015-4, passed 6-22-2015)
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