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§ 101.05 DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS.
   (A)   It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.
   (B)   As used in this section, the term residential real estate-related transaction means any of the following:
      (l)   The making or purchasing of loans or providing other financial assistance:
         (a)   For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
         (b)   Secured by residential real estate.
      (2)   The selling, brokering, or appraising of residential real property.
   (C)   Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.
(Ord. 1-C-93, passed 3-9-93; Am. Ord. 7-C-20, passed 7-14-20)
§ 101.06 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICE.
   It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status or national origin.
(Ord. 1-C-93, passed 3-9-93; Am. Ord. 7-C-20, passed 7-14-20) Penalty, see § 10.99
§ 101.07 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 that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 101.03, 101.04, 101.05 or 101.06.
(Ord. 1-C-93, passed 3-9-93; Am. Ord. 7-C-20, passed 7-14-20) Penalty, see § 10.99
§ 101.08 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 race, color, religion, sex, handicap, familial status, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or 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 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); or
      (2)   Affording another person or class of persons opportunity or protection so to participate; or
   (C)   Any citizen because he 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 division (A), 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 fined 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. 1-C-93, passed 3-9-93; Am. Ord. 7-C-20, passed 7-14-20) Penalty, see § 10.99
§ 101.09 EQUAL ACCESS TO HOUSING IN HUD PROGRAMS.
   Pursuant to 24 CFR Part 5.403 and 24 CFR Part 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. 7-C-20, passed 7-14-20)
§ 101.10 EXEMPTIONS.
   (A)   Exemptions defined or set forth under IC 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) of this section.
   (B)   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. 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) or;
      (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. 1-C-93, passed 3-9-93; Am. Ord. 7-C-20, passed 7-14-20)
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