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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
(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, familial status, disability, HIV-positive 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 provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, HIV-positive status or national origin;
(C) To make, print, 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, disability, familial status, HIV-positive status or national origin, or an intention to make any preference, limitation or discrimination;
(D) To represent to any person because of race, color, religion, sex, disability, familial status, HIV-positive status or national origin that any dwelling is not available for inspection, sale or rental when the 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 the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, HIV-positive status or national origin; and/or
(F) (1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
(a) The buyer or renter;
(b) A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or
(c) Any person associated with that person.
(2) 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 a dwelling, because of a disability of:
(a) The person;
(b) A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or
(c) Any person associated with that person.
(3) For purposes of this division (F), discrimination includes:
(a) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the 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 modification, reasonable wear and tear excepted;
(b) A refusal to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling; or
(c) In connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after 9-13-1988, a failure to design and construct those dwellings in a manner that:
1. The public use and common use portions of the dwellings are readily accessible to and usable by disabled persons;
2. All the doors designed to allow passage into and within all premises within the dwelling are sufficiently wide to allow passage by disabled persons in wheelchairs: and
3. All premises within the dwellings contain the following features of adaptive design:
a. An accessible route into and through the dwelling;
b. Light, switches, electrical outlets, thermostats and other environmental controls in accessible locations:
c. Reinforcements in bathroom walls to allow later installation of grab bars; and
d. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
(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 and usability for physically disabled people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements hereof.
(5) Nothing in this division (F) 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 of whose tenancy would result in substantial physical damage to the property of others.
(Ord. 4-9-96-1, passed 4-9-1996) Penalty, see § 94.99
(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 a transaction, or in the terms or conditions of a transaction, because of race, color, religion, sex, disability, familial status, HIV- positive 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 chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, disability, HIV-positive status or familial status.
(Ord. 4-9-96-1, passed 4-9-1996) Penalty, see § 94.99
It shall be unlawful to deny any person access to or membership in 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 the access, membership or participation, on account of race, color, religion, sex, disability, familial status, HIV-positive status or national origin.
(Ord. 4-9-96-1, passed 4-9-1996) Penalty, see § 94.99
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her 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 §§ 94.03 through 94.06.
(Ord. 4-9-96-1, passed 4-9-1996) Penalty, see § 94.99
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