Loading...
§ 91.09 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 lodging 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 means housing:
         (a)   Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the State Civil Rights Commission determines is specifically designed and operated to assist elderly person (as defined in the state or federal program);
         (b)   Intended for, and solely occupied by, person 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. 2012-10-15-1, passed 10-15-2012)
§ 91.10 ADMINISTRATIVE ENFORCEMENT OF CHAPTER.
   (A)   The authority and responsibility for properly administering this chapter and referral of complaints hereunder to the Commissioner as set forth in division (B) below shall be vested in the chief elected official of the county.
   (B)   Notwithstanding the provisions of I.C. 22-9.5-4-8, the county because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under the chapter, herein elects to refer all formal complaints of violation of the sections 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 county shall refer all said complaints to the Commission as provided for under division (A) above to said 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 county 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 county or the chief elected official’s designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.
(Ord. 2012-10-15-1, passed 10-15-2012)
§ 91.11 EQUAL ACCESS TO HOUSING IN HUD PROGRAMS.
   Pursuant to 24 CFR Part 5.403 and 24 CFR 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. 2019-1-22, passed 1-22-2019)
§ 91.12 SEVERABILITY OF PROVISIONS.
   If any provision of this chapter or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of this chapter and the application of its provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.
(Ord. 2019-1-22, passed 1-22-2019)