For the purpose 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.
COMMISSION. The Indiana Civil Rights Commission created pursuant to I.C. 22-9-1-4 et seq.
COMPLAINANT. A person, including the Commission, who files a complaint under I.C. 22-9.5-6.
DISABILITY. With respect to a person:
(1) A physical or mental impairment which substantially limits 1 or more of the person’s major life activities;
(2) A record of having an impairment;
(3) Being regarded as having an impairment;
(4) An impairment described or defined pursuant to the federal Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.;
(5) Any other impairment defined under I.C. 4-23-29; and
(6) The term DISABILITY shall not include current illegal use of or addiction to a controlled substance as defined in 21 U.S.C. § 802; nor does the term DISABILITY include an individual solely because that individual is a transvestite.
DISCRIMINATION or DISCRIMINATORY HOUSING PRACTICE. Any difference in treatment based upon race, color, religion, sex, HIV-positive status, national origin, familial status or disabilities, or any act that is unlawful under this chapter.
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 either (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. An individual (defined in I.C. 22-9.5-2-9) or individuals having familial status as that term is defined in this section.
FINANCIAL INSTITUTION. Includes any person, as defined herein, engaged in the business of lending money or guaranteeing losses or I.C. 22-9.5-5.
HOUSING ACCOMMODATION or DWELLING. Any building, mobile home or trailer, structure, or portion thereof which is occupied as, or designed, or intended for occupancy, as a residence by 1 or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any building, mobile home or trailer, structure, or portion thereof or any real property, as defined herein, used or intended to be used for any of the purposes set forth in this section.
MORTGAGE BROKER. An individual who is engaged in or who performs the business or services of a mortgage broker as the same are defined by Indiana statutes.
OPEN MARKET. The market which is informed of the availability for sale, purchase, rental, or lease of any housing accommodation, whether informed through a real estate broker or by advertising publication, signs, or by any other advertising methods directed to the public or a portion thereof, indicating that the property is available for sale, purchase, rental, or lease.
OWNER. Includes a lessee, sublessee, co-tenant, assignee, managing agent, or other person having the right of ownership or possession, or the right to sell, rent, or lease any housing accommodation.
PERSON. Includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, non-incorporated organizations, trustees in cases under U.S.C. Title 11, receivers, and fiduciaries.
REAL ESTATE BROKER or REAL ESTATE SALESMAN. Includes any individual, qualified by law who, for a fee, commission, salary, or for other valuable consideration, or who with the intention or expectation of receiving or collecting same, lists, sells, purchases, rents, or leases any housing accommodations, including options thereupon, or who negotiates or attempts to negotiate those activities; or who advertises or holds himself or herself out as engaged in those activities; or who negotiates or attempts to negotiate a loan, secured by a mortgage or other encumbrance, upon transfer of any housing accommodation; or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he or she undertakes to promote the sale, purchase, rental, or lease of any housing accommodation through its listing in a publication issued primarily for that purpose; or an individual employed by or acting on behalf of any of these.
REAL PROPERTY. Includes buildings, structures, lands, tenements, leaseholds, cooperatives, and condominiums used as a residence by 1 or more families.
TO RENT. To lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(1992 Code, § 6-71) (Ord. 963, § 2, passed 1-27-1998)