Section
91.01 Policy statement
91.02 Definitions
91.03 Unlawful practice
91.04 Discrimination in the sale or rental of housing
91.05 Discrimination in residential real estate-related transactions
91.06 Discrimination in provision of brokerage service
91.07 Interference, coercion or intimidation
91.08 Prevention of intimidation in fair housing cases
91.09 Exemptions
91.10 Administrative enforcement of chapter
91.11 Equal access to housing in HUD programs
91.12 Severability of provisions
It shall be the policy of the county to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the Federal Civil Rights Act of 1968, being 42 U.S.C. §§ 2000e et seq., as amended, the Federal Housing and Community Development Act of 1974, being 42 U.S.C. §§ 5301 et seq., as amended, and I.C. 22-9.5-1 et seq.
(Ord. 2012-10-15-1, passed 10-15-2012)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The definitions set forth in this section shall apply throughout this chapter.
AGGRIEVED PERSON. Includes 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.
(I.C. 22-9.5-2-2)
COMMISSION. The Indiana Civil Rights Commission created pursuant to I.C. 22-9-1-4 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 means:
(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;
(c) Being regarded as having such an impairment;
(d) An impairment described or defined pursuant to the Federal Americans with Disabilities Act of 1990; and
(e) Any other impairment.
(2) The term DISABILITY shall not include current illegal use of or addictions 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.
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.
(1) An individual (I.C. 22-9.5-2-9) or individuals having familial status as that term is defined in this section.
(2) Pursuant to 24 CFR Part 5.403 and 24 CFR Part 574.3, includes families regardless of the actual or perceived sexual orientation, gender identity, or marital status of its members.
PERSON. Includes one or more individuals, corporations, limited liability companies, 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 rights to occupy the premises not owned by the occupant.
(I.C. 22-9.5-2-13)
(Ord. 2012-10-15-1, passed 10-15-2012; Ord. 2019-1-22, passed 1-22-2019)
(A) All dwellings except as exempted by division (B) below and I.C. 22-9.5-3;
(B) Other than the provisions of division (C) below, nothing in § 91.04 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 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:
(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 such broker, agent or salesperson, or person; and
(b) Without the publication, posting or mailing, after notice of advertisement or written notice in violation of § 91.04(C), but noting in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as necessary to perfect or transfer this title; or
(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 such 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) 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. 2012-10-15-1, passed 10-15-2012)
(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, disability, 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 of facilities in connection therewith, because of race, color, religion, sex, disability, 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, disability, 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, disability, familial status or national origin;
(6) 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) That 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.
(7) 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 disability of:
(a) That 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.
(8) For purposes of this division (A), 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 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 modifications, reasonable wear and tear excepted;
(b) 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
(c) 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, 1998, a failure to design and construct those dwellings in such a manner that:
1. The public use and common use portions of such dwellings are readily accessible to and usable by disabled persons;
2. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and
3. All premises within such 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; and
c. Reinforcements in bathrooms such that an individual in a wheelchair can maneuver about the space.
(B) Compliance with the appropriate requirement Americans with Disabilities Act of 1990 and of the American National Standard for Buildings and Facilities providing accessibility an usability for physically disabled people (commonly cited as ANSI A117.1) suffices to satisfy the requirements of division (A)(8)(c)3.c. above.
(C) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health of safety of other individuals of whose tenancy would result in substantial physical damage to the property of others.
(Ord. 2012-10-15-1, passed 10-15-2012)
(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, disability, familial 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 or familial status.
(Ord. 2012-10-15-1, passed 10-15-2012)
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