For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRIEVED PERSON. Any person who:
(1) Claims to have been injured by a discriminatory housing practice; or
(2) Believes that such 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.
DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 91.04, 91.05, 91.06, 91.07, or 91.08 or I.C. 22-9.5-5.
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.
(1) One or more individuals who have not attained the age of 18 years being domiciled with a parent or another person having legal custody of such individual or the written permission of such parent or other person.
(2) The protections afforded against discrimination on the basis of FAMILIAL STATUS shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
FAMILY. Includes a single individual, with the status of such family being further defined in FAMILIAL STATUS. Also, pursuant to 24 CFR Part 5, 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.
HANDICAP.
(1) With respect to a person:
(a) A physical or mental impairment which substantially limits one or more of such person’s major life activities;
(b) A record of having such an impairment; or
(c) Being regarded as having such an impairment;
(d) An impairment described or defined pursuant to the federal Americans with Disabilities Act of 1990; or
(e) Any other impairment defined under I.C. 22-9.5-2-10.
(2) The term HANDICAP shall not include current illegal use of or addictions to a controlled substance as defined in 21 U.S.C. 802 (I.C. 22-9.5-2-10(b)); nor does the term HANDICAP include an individual solely because that individual is a transvestite (I.C. 22-9.5-2-10(c)).
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 Title 11 of the United States Code, receivers, and fiduciaries.
TO RENT. Includes to lease, to sublease, to let and otherwise to grant for a consideration the rights to occupy the premises owned by the occupant.
(Ord. 1980-6, passed 11-24-80; Am. Ord. 1992-7, passed 12-9-92; Am. Ord. 1995-1, passed 8-2-95; Am. Ord. 2012-14, passed 12-4-12)
Statutory reference:
State definitions, see I.C. 22-9.5-2-2, I.C. 22-9.5-2-3, I.C. 22-9.5-2-4, I.C. 22-9.5-2-9, I.C. 22-9.5-2-11, and I.C. 22-9.5-2-13.
Editor’s Note:
I.C. 22-9.5-2-10, 22-9.5-2-10(b) and 22-9.5-2-10(c) were repealed by P.L. 99-2007, passed 5-2-07.