Loading...
§ 90.07  INTERFERENCE, COERCION, OR INTIMIDATION.
   It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 90.03 through 90.06.
(Ord. 2014-IV, passed 4-15-2014)  Penalty, see § 90.99
§ 90.08  PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES.
   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:
   (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, 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; or
   (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, opportunity or protection so to participate.
(Ord. 2014-IV, passed 4-15-2014)  Penalty, see § 90.99
§ 90.09  EQUAL ACCESS TO HOUSING IN HUD PROGRAMS.
   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. 2014-IV, passed 4-15-2014)  Penalty, see § 90.99
§ 90.10  EXEMPTIONS.
   (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)   (1)   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.
      (2)   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 Civil Rights Commission, determines is specifically designed and operated to assist elderly person (as defined in the state or federal program);
      (2)   Intended for, and solely occupied by, person 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.
(Ord. 2014-IV, passed 4-15-2014)  Penalty, see § 90.99
§ 90.11 ADMINISTRATIVE ENFORCEMENT.
   (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 Board of Commissioners.
   (B)   Notwithstanding the provisions of I.C. 22-9.5-4-8, the Board of Commissioners, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this 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. 22-9.5-6stateRef, and the chief elected official of the Board of Commissioners shall refer all said complaints to the Commission, as provided for under division (A) above, to said Commission for purposes of investigation, resolution, and appropriate relief, as provided for under I.C. 22-9.5-6stateRef.
   (C)   All executive departments and agencies of the Board of Commissioners shall administer the 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 Board of Commissioners to further such purposes.
(Ord. 2014-IV, passed 4-15-2014)  Penalty, see § 90.99
§ 90.99  PENALTY.
   (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)   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 § 90.07, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate, shall be fined according to local, state, and federal law; and if bodily injury results, shall be subject to a fine 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. 2014-IV, passed 4-15-2014)