Section
92.01 Policy statement
92.02 Definitions
92.03 Unlawful practices
92.04 Discrimination in house rentals or sales prohibited
92.05 Discrimination in real estate transactions prohibited
92.06 Discrimination in brokerage services prohibited
92.07 Prevention of intimidation
92.08 Exemptions
92.09 Administrative enforcement
92.10 Limitation of liability
92.11 Violations
Statutory reference:
For statutory provisions regarding fair housing, see I.C. 22-9.5-1 et seq.
It is the policy of the town to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968 (42 USC 2000e et seq.), as amended, the federal Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and I.C. 22-9.5-1 et seq.
(Ord. 93-4, passed 8-30-93)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRIEVED PERSON. Includes any person who:
(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.
COMPLAINANT. A person, including the Commission, who files a complaint under I.C. 22-9.5-6.
DISABILITY. With respect to a person:
(1) A physical or mental impairment which substantially limits one or more of such person's major life activities;
(2) A record of having an impairment;
(3) Being regarded as having such an impairment;
(4) An impairment described or defined pursuant to the federal Americans with Disabilities Act of 1990 (42 USC 12101 et seq.), and any other impairment defined under I.C. 22-9.5-2-10;
(5) The provisions of this subsection notwithstanding, the term
DISABILITY does not include current illegal use of or addiction to a controlled substance as defined in 21 USC 802; nor does the term DISABILITY include an individual solely because that individual is a transvestite.
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.
FAMILIAL STATUS. Under the chapter, a discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is:
(1) Pregnant;
(2) Domiciled with an individual younger than 18 years of age in regard to whom the person:
(a) Is the parent or legal custodian; or
(b) Has the written permission of the parent or legal custodian for domicile with that person; or
(3) In the process of obtaining legal custody of an individual younger than 18 years of age.
(I.C. 22-9.5-1-2)
FAMILY. A single individual, with the status of family being further defined by “familial status.”
PERSON. One or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries.
TO RENT. To lease, to sublease, to let and otherwise to grant for a consideration the right to occupy the premises owned by the occupant.
(Ord. 93-4, passed 8-30-93)
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