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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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