Section
92.01 Public policy and purpose
92.02 Familial status
92.03 Definitions
92.04 Exemptions
92.05 Administrative provisions
92.06 Discrimination prohibited
92.07 Administrative enforcement
92.08 Enforcement by private persons
92.09 Enforcement by Commission
92.10 Prevailing party
92.11 Offenses
92.12 Reaffirmation and ratification
It is the public policy of the city to provide the following:
(A) To provide for fair housing practices in the city;
(B) To create a procedure for investigating and conciliating complaints of discriminatory housing practices;
(C) To provide rights and remedies substantially equivalent to those granted under state and federal law.
(Ord. 43-1991, passed 9-16-1992)
Under this 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:
(A) Pregnant;
(B) Domiciled with an individual younger than 18 years of age in regard to whom the person:
(1) Is the parent or legal custodian; or
(2) Has the written permission of the parent or legal custodian for domicile with that person; or
(C) In the process of obtaining legal custody of an individual younger than 18 years of age.
(Ord. 43-1991, passed 9-16-1992)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRIEVED PERSON. Any person who:
(1) Claims to have been injured by a discriminatory housing practice; or
(2) Believes that the person will be injured by a discriminatory housing practice that is about to occur.
COMMISSION. The Marion Human Relations Commission.
COMPLAINANT. A person, including the Commission, who files a complaint under § 92.07.
CONCILIATION. The attempted resolution of issues raised by a complaint or by the investigation of a complaint through informal negotiations involving the aggrieved person, the respondent and the Commission.
CONCILIATION AGREEMENT. A written agreement setting forth the resolution of the issues in conciliation.
DISABILITY.
(1) With respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the person’s major life activities;
(b) A record of having an impairment described in subsection (1); or
(c) Being regarded as having an impairment described in subsection (1).
(2) The term does not include current or illegal use or addition to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 USC 802)).
(3) The term does not include an individual solely because the individual is a transvestite.
DISCRIMINATORY HOUSING PRACTICE. An act prohibited by § 92.06.
DWELLING.
(1) 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
(2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure described by subsection (1).
FAMILY. Includes a single individual.
PERSON. One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11, receivers and fiduciaries.
RESPONDENT.
(1) The person accused of a violation of this chapter in a complaint of a discriminatory housing practice; or
(2) Any person identified as an additional or a substitute respondent under § 92.07(D) or an agent of an additional or a substitute respondent.
TO RENT. To lease, to sublease, to let or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.
(Ord. 43-1991, passed 9-16-1992)
Sale or rental of a single-family houses, rooms or units in certain dwellings.
(A) Certain sales and rentals. Subject to § 92.06(A)(2) does not apply to the following:
(1) The sale or rental of a single family house or rented by an owner if:
(a) The owner does not own more than three single-family houses at any one time; or
(b) The owner does not own any interest in, nor is there owned or reserved on the owner’s behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three single-family houses at any one time.
(2) The house was sold or rented without:
(a) The use of the sales or rental facilities or services of a real estate broker, an agent or a salesperson licensed under I.C. 25-34.1 or of an employee or agent of a licensed broker, an agent or a salesperson or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families; or
(b) The publication, posting or mailing of a notice, a statement or an advertisement prohibited by § 92.06.
(3) The sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the living quarters as the owner’s residence.
(4) The exemption in subsection (A)(1) applies to only one sale or rental in a 24 month period if the owner was not the most recent resident of the house at the time of the sale or rental.
(B) Religious organizations. This chapter does not prohibit a religious organization, an association or a society or a nonprofit institution or an organization operated, supervised or controlled by or in conjunction with a religious organization, an association or a society from:
(1) Limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or
(2) Giving preference to persons of the religion, unless membership in the religion is restricted because of race, color or national origin.
(C) Appraisal exemption. This chapter does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, sex, religion, national origin, disability or familial status.
(D) Private clubs. This chapter does not prohibit a private club not open to the public that, as an incident to the club’s primary purpose, provides lodging that the club owns or operates for other than a commercial purpose limiting the rental or occupancy of that lodging to the members or from giving preference to the members, unless membership in the club is restricted because of race, color or national origin.
(E) Housing for older persons. As used in this chapter, housing for older persons, means housing:
(1) Determined by the Commission that it is specifically designed and operated to assist elderly persons under a federal or state program;
(2) Intended for and solely occupied by persons at least 62 years of age;
(3) Intended and operated for occupancy by at least one person at least 55 years of age in each unit;
(4) Housing that includes units that are unoccupied or that are occupied by persons who do not meet the age requirements of subsection (E)(2) or (E)(3) does not fail to meet the requirements for housing for older persons if:
(a) The unoccupied units are reserved for persons who meet the age requirements of subsection (E)(2) or (E)(3); or
(b) The occupants who do not meet the age requirements of subsection (E)(2) or (E)(3) have resided in the housing since September 13, 1988, or an earlier date, and the persons who became occupants after September 13, 1988, meet the age requirements of subsection (E)(2) or (E)(3);
(5) The Commission shall adopt rules under this chapter to establish criteria for making determinations under division (E). These rules must include at least the following provisions:
(a) Except as provided in subsection (E)(4)(b), the housing must provide significant facilities and services specifically designed to meet the physical or social needs of older persons;
(b) If the provisions of the facilities and services described in subsection (E)(5)(a) is not practicable, the housing must be necessary to provide important housing opportunities for older persons;
(c) At least 80% of the units must be occupied by at least one person who is at least 55 years of age;
(d) The owner or manager of the housing must publish and adhere to policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons who are at least 55 years of age.
(6) The provisions of § 92.02 relating to familial status do not apply to housing for older persons.
(F) Affect on other laws. This chapter does not affect:
(1) A reasonable local restriction on the maximum number of occupants permitted to occupy a dwelling or restriction relating to health and safety standards;
(2) A requirement of nondiscrimination in any other city ordinance.
(Ord. 43-1991, passed 9-16-1992)
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