(A) Subject to the provisions of division (B) below, § 91.09 of this code, and I.C. 22-9.5-3 et seq., the prohibitions against discrimination in the sale or rental of housing set forth in I.C. 22-9.5-5-1 and in § 91.04 of this code shall apply to all dwellings except as exempted by division (B) and I.C. 22-9.5-3 et seq.
(B) Other than the provisions of division (C) below, nothing in § 91.04 shall apply to:
(1) Any single-family house sold or rented by an owner where the private individual owner does not own more than three single-family houses at any one time; provided that in the sale of a single-family house by a private individual owner not residing in the house at the time of sale, the exemption shall apply only to one sale within any 24-month period. The private individual owner may not own any interest in, nor have owned or reserved on his or her behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three single-family houses at any one time. The sale or rental of any single-family house shall be excepted from application of this section only if the house is sold or rented:
(a) Without the use in any manner of the sales or rental facilities or services of any real estate broker, agent, or salesperson, or any person in the business of selling or renting dwellings, or of any employee or agent of any real estate broker, agent, or salesperson; and
(b) Without the publication, posting, or mailing, after notice of advertisement or written notice in violation of § 91.04(C) of this code; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other professional assistance as necessary to perfect or transfer this title; or
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of these living quarters as his or her residence.
(C) For the purposes of division (B) above, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) He or she has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) He or she has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3) He or she is the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five or more families.
(Ord. 2000-18, passed 8-22-00)
Statutory reference:
Discrimination in the sale or rental of a dwelling, see I.C. 22-9.5-5
Exemptions, see I.C. 22-9.5-3 et seq.