Section
94.01 Policy statement
94.02 Definitions
94.03 Unlawful practice
94.04 Discrimination in the sale or rental of housing
94.05 Discrimination in residential real estate-related transactions
94.06 Discrimination in the provision of brokerage services
94.07 Interference, coercion or intimidation
94.08 Prevention of intimidation in fair housing cases
94.09 Exemptions
94.10 Administrative enforcement
94.99 Penalty
It shall be the policy of the Town Council to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the Federal Civil Rights Act of 1968, as amended, being 28 U.S.C. §§ 1360 et seq., the Federal Housing and Community Development Act of 1974, as amended, being 42 U.S.C. §§ 5301 et seq., and I.C. 22-9.5-1 et seq.
(Ord. 4-9-96-1, passed 4-9-1996)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRIEVED PERSON. Includes 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.
(I.C. 22-9.5-2-2)
COMMISSION. The Indiana Civil Rights Commission created pursuant to I.C. 22-9.5-4-1 et seq.
(I.C. 22-9.5-2-3)
COMPLAINANT. A person, including the Commission, who files a complaint under I.C. 22-9.5-6.
(I.C. 22-9.5-2-4)
DISABILITY.
(1) With respect to a person;
(a) A physical or mental impairment which substantially limits one or more of the person's major life activities;
(b) A record of having an impairment;
(c) Being regarded as having an impairment;
(d) An impairment described or defined pursuant to the Federal Americans with Disabilities Act of 1990; and
(e) Any other impairment defined under I.C. 22-9-5-6.
(2) The term DISABILITY shall not include current illegal use of or addiction to a controlled substance as defined in 21 U.S.C. § 802 (I.C. 22-9-5-6(b)); nor does the term DISABILITY include an individual solely because that individual is a transvestite (I.C. 22-9-5-6(d)).
DWELLING. 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 any vacant land which is offered for sale or lease for the construction or location of a 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.
(I.C. 22-9.5-2-8)
FAMILIAL STATUS. Discrimination on the basis of familial status means discrimination because the person is (1) pregnant; (2) domiciled with an individual under the age of 18 years of age in regard to whom the person is (a) the parent or legal custodian or (b) has the written permission of the parent or legal custodian for domicile with that person; or (3) in the process of obtaining legal custody of an individual younger than 18 years of age.
FAMILY. Includes a single individual (I.C. 22-9.5-2-9), with the status of the FAMILY being further defined herein.
PERSON. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, non-incorporated organizations, trustees, trustees in cases under U.S.C. Title 11, receivers and fiduciaries.
(I.C. 22-9.5-2-11)
TO RENT. Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy the premises not owned by the occupant.
(I.C.22-9.5-2-13)
(Ord. 4-9-96-1, passed 4-9-1996)
Subject to the provisions of division (B) below, § 94.09 and I.C. 22-9.5-3, the prohibitions against discrimination in the sale or rental of housing set fort in I.C. 22-9.5-5-1 and herein shall apply to:
(A) All dwellings, except as exempted by division (B) below and I.C. 22-9.5-3;
(B) Other than the provision of division (C) below, nothing in § 94.04 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 the single-family house by a private individual owner not residing in the house at the time of sale or who was not the most recent resident of the house prior to the 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 broker, agent or salesperson or person; and
(b) Without the publication, posting or mailing, after notice of advertisement or written notice in violation of § 94.04(C), 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.
(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 the 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 an 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. 4-9-96-1, passed 4-9-1996) Penalty, see § 94.99
Loading...