Loading...
§ 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)
§ 93.10 EXEMPTIONS.
   (A)   Exemptions defined or set forth under I.C. 22-9.5-3 et seq. shall be exempt from the provisions of this chapter to include those activities or organizations set forth under divisions (B) and (C) below.
   (B)   Nothing in this chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by, or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
   (C)   (1)   Nothing in this chapter regarding familial status shall apply with respect to housing for older persons.
      (2)   As used in this section, HOUSING FOR OLDER PERSONS includes housing:
         (a)   Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state’s Civil Rights Commission determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program);
         (b)   Intended for, and solely occupied by, persons 62 years of age or older; or
         (c)   Intended and operated for occupancy by at least one person 55 years of age or older per unit.
(Ord. 6, 1993, passed 1-19-1993; Ord. 2020-5, passed 9-15-2020)
§ 93.11 ADMINISTRATIVE ENFORCEMENT.
   (A)   The authority and responsibility for properly administering this chapter and referral of complaints hereunder to the Commission, as set forth in division (B) below, shall be vested in the Chief Elected Official of the town.
   (B)   Notwithstanding the provisions of I.C. 22-9.5-4-8, the town, because of a lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this chapter, herein elects to refer all formal complaints of violation of this chapter by complainants to the Indiana Civil Rights Commission for administrative enforcement actions pursuant to I.C. 22-9.5-6 and the Chief Elected Official of the town shall refer all complaints to the Commission as provided for under division (A) above to the Commission for purposes of investigation, resolution, and appropriate relief as provided for under I.C. 22-9.5-6.
   (C)   All executive departments and agencies of the town shall administer their departments, programs, and activities relating to housing and urban development in a manner affirmatively to further the purposes of this chapter and shall cooperate with the Chief Elected Official and the Commission to further such purposes.
   (D)   The Chief Elected Official of the town or the Chief Elected Official's designee shall provide information on remedies available to any aggrieved person or complainant requesting such information.
(Ord. 6, 1993, passed 1-19-1993; Ord. 2020-5, passed 9-15-2020)
§ 93.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   A violation of § 93.08 shall result in being fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned for not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.
(Ord. 6, 1993, passed 1-19-1993; Ord. 2020-5, passed 9-15-2020)