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(A) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin.
(B) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, handicap, familial status, or national origin.
(C) To make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
(D) To represent any person, because of race, color, religion, sex, handicap, familial status or national origin that any dwelling is not available for inspection, sale or rental, when such dwelling is in fact so available.
(E) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into a neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status or national origin.
(F) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:
(1) That buyer or renter;
(2) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(3) Any person associated with that person.
(G) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of:
(1) That person; or
(2) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(3) Any person associated with that person.
(H) For purposes of divisions (F) and (G), discrimination includes:
(1) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted;
(2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
(3) In connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after September 13, 1998, a failure to design and construct those dwellings in such a manner that:
(a) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
(b) All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
(c) All premises within such dwellings contain the following features of adaptive design:
1. An accessible route into and through the dwelling;
2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
3. Reinforcements in bathrooms such that an individual in a wheelchair can maneuver about the space. Compliance with the appropriate requirements of the Americans with Disabilities Act of 1990 and of the American National Standard for Buildings and Facilities providing accessibility an usability for physically handicapped people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of this provision.
(4) Compliance with the appropriate requirements of the Americans with Disabilities Act of 1990 and of the American National Standard for Buildings and Facilities providing accessibility an usability for physically handicapped people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of this provision.
(5) Nothing in this division requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals, or whose tenancy would result in substantial physical damage to the property of others.
(Ord. 16-18, passed 10-4-16; Am. Ord. 2017-18, passed 1-2-18; Am. Ord. 2020-10, passed 7-21-20)
(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:
(1) 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 subchapter prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.
(Ord. 16-18, passed 10-4-16; Am. Ord. 2017-18, passed 1-2-18; Am. Ord. 2020-10, passed 7-21-20)
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 or her 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. 16-18, passed 10-4-16; Am. Ord. 2017-18, passed 1-2-18; Am. Ord. 2020-10, passed 7-21-20)
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his 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 §§ 93.03 through 93.06 of this subchapter.
(Ord. 16-18, passed 10-4-16; Am. Ord. 2020-10, passed 7-21-20)
Whoever, whether or not acting under code or law, by force or threat of force, willfully injures, intimidates or interferes with, or attempts 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, 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 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); 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. 16-18, passed 10-4-16; Am. Ord. 2020-10, passed 7-21-20)
(A) Exemptions defined or set forth under IC 22-9.5-3 et seq. shall be exempt from the provisions of this subchapter, including those activities or organizations set forth under divisions (B) and (C) of this section.
(B) Notwithstanding the provisions of IC 22-9.5-4-8, the city, because of its lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this subchapter, herein elects to refer all formal complaints of violation of the sections of this subchapter by complainants to the Indiana Civil Rights Commission (“Commission”) for administrative enforcement actions pursuant to IC 22-9.5-6. The chief elected official of the City of Madison, Indiana, shall refer all said complaints to the Commission, as provided for under division (A) of this section, to said Commission for purposes of investigation, resolution and appropriate relief as provided for under IC 22-9.5-6.
(C) Nothing in this subchapter 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 persons (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. 16-18, passed 10-4-16; Am. Ord. 2020-10, passed 7-21-20)
(A) The authority and responsibility for administering this subchapter, and referral of complaints hereunder to the Commissioner as set forth in division (B) hereof, shall be vested in the chief elected official of the city.
(B) Notwithstanding the provisions of IC 22-9.5-4-8, the city, because of its lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this subchapter, herein elects to refer all formal complaints of violation of the sections of this subchapter by complainants to the Indiana Civil Rights Commission (“Commission”) for administrative enforcement actions pursuant to IC 22-9.5-6. The chief elected official of the Town of Americana, Indiana, shall refer all said complaints to the Commission, as provided for under division (A) of this section, to said Commission for purposes of investigation, resolution and appropriate relief as provided for under IC 22-9.5-6.
(C) All executive departments and agencies of the city shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this subchapter, and shall cooperate with the chief elected official and the Commission to further such purposes.
(D) The chief elected official of the city, or the chief elected official’s designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.
(Ord. 16-18, passed 10-4-16; Am. Ord. 2020-10, passed 7-21-20)
COMMISSION ON HUMAN RELATIONS
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