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§ 93.03 UNLAWFUL PRACTICE.
   (A)   Subject to the provisions of division (A)(2) below, § 93.09, and I.C. 22-9.5-3, the prohibitions against discrimination in the sale or rental of housing set forth in I.C. 22-9.5-5-1 and in § 93.04 shall apply to:
      (1)   All dwellings except as exempted by division (A)(2) below and I.C. 22-9.5-3; and
      (2)   Other than the provisions of division (B) below, nothing in § 93.04 shall apply to:
         (a)    Any single-family house sold or rented by an owner where the private individual owner does not own more than three such single-family houses at any one time; provided that in the sale of such single-family house by a private individual owner not residing in the house at the time of sale or exemption shall apply only to one such 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 such single-family houses at any one time. The sale or rental of any such single-family house shall be exempted from application of this section only if such house is sold or rented:
            1.   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 such broker, agent or salesperson, or person; and
            2.   Without the publication, posting, or mailing, after notice of advertisement or written notice in violation of § 93.04(A)(3), but nothing in this division (A)(2)(a) shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or transfer this title.
         (b)   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 such living quarters as his or her residence.
   (B)   For the purposes of division (A)(2) above, a person shall be deemed to be IN THE BUSINESS OF SELLING OR RENTING DWELLINGS if:
      (1)    They have, 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)   They have, within the preceding 12 months, participated as 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)   They are the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five or more families.
(Ord. 6, 1993, passed 1-19-1993; Ord. 2020-5, passed 9-15-2020)
§ 93.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
   (A)   As made applicable by § 93.03 and except as exempted by § 93.03(A)(2) and § 93.09, it shall be unlawful:
      (1)    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, handicap, familial status, or national origin;
      (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 therewith, because of race, color, religion, sex, handicap, familial status, or national origin;
      (3)   To make, print, or 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, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination;
      (4)   To represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available;
      (5)   For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin; and/or
      (6)   (a)   To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:
            1.   That buyer or renter;
            2.   A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
            3.   Any person associated with that person.
         (b)   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 such dwelling, because of a handicap of:
            1.   That person;
            2.   A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
            3.   Any person associated with that person.
   (B)   For purposes of this section, DISCRIMINATION includes:
      (1)   A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such 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;
      (2)   A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
      (3)   In connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those dwellings in such a manner that:
         (a)   The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
         (b)   All the doors are designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
         (c)   All premises within such dwellings contain the following features of adaptive design:
            1.    An accessible route into and through the dwelling;
            2.   Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
            3.   Reinforcements in bathrooms such that an individual in a wheelchair can maneuver about the space.
   (C)   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 handicapped people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of division (B)(3)(c) above.
   (D)   Nothing in this section 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 or whose tenancy would result in substantial physical damage to the property of others.
(Ord. 6, 1993, passed 1-19-1993; Ord. 2020-5, passed 9-15-2020) Penalty, see § 93.99
§ 93.05 DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS.
   (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 such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.
   (B)   As used in this section, RESIDENTIAL REAL ESTATE-RELATED TRANSACTION includes 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, handicap, or familial status.
(Ord. 6, 1993, passed 1-19-1993; Ord. 2020-5, passed 9-15-2020) Penalty, see § 93.99
§ 93.06 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES.
   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. 6, 1993, passed 1-19-1993; Ord. 2020-5, passed 9-15-2020) Penalty, see § 93.99
§ 93.07 INTERFERENCE, COERCION, OR INTIMIDATION.
   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 aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 93.03 through 93.06.
(Ord. 6, 1993, passed 1-19-1993 ; Ord. 2020-5, passed 9-15-2020) Penalty, see § 93.99
§ 93.08 PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES.
    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, 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) above;
      (2)   Affording another person, or class of persons, opportunity or protection so to participate.
   (C)   Any citizen because he or she 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) above, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be subject to a penalty.
(Ord. 6, 1993, passed 1-19-1993; Ord. 2020-5, passed 9-15-2020) Penalty, see § 93.99
§ 93.09 EQUAL ACCESS TO HOUSING IN HUD PROGRAMS.
   Pursuant to 24 C.F.R. Part 5.403 and 24 C.F.R. Part 574.3, the definition of FAMILY is revised to include families regardless of the actual or perceived sexual orientation, gender identity, or marital status of its members.
(Ord. 2020-5, passed 9-15-2020)
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