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§ 96.05  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, 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, handicap, or familial status.
(Ord. 1993-1, passed 2-22-93)
§ 96.06  DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICE.
   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 such a person 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. 1993-1, passed 2-22-93)
§ 96.07  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 that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 96.03 through 96.06 of this chapter.
(Ord. 1993-1, passed 2-22-93)
§ 96.08  PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES.
   Whoever, whether or not acting under color of 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 that person's race, color, religion, sex, handicap, familial status, or national origin and because that person is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchasing, renting, 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 that person is or has been, or in order to intimidate that 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; or
      (2)   Affording another person or class of persons opportunity or protection so to participate; or
   (C)   Any citizen because that citizen 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 participation lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be fined not more than $1,000, and if bodily injury or death results shall be fined not more than $2,500.
(Ord. 1993-1, passed 2-22-93)
§ 96.09  EXEMPTIONS.
   (A)   Exemptions as defined or set forth under IC 22-9.5-3 et seq. shall also be exemptions from the provisions of this chapter and exemptions shall also include those activities or organizations set forth under divisions (B) and (C) of this section.
   (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” means housing:
         (a)   Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the Indiana Civil Rights Commission determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or
         (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. 1993-1, passed 2-22-93)
§ 96.10  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) hereof shall be vested in the Executive Director of the City/County Planning Department of Huntington, Indiana.
   (B)   Notwithstanding the provisions of IC 22-9.5-4-8, the Executive Director of the City/County Planning Department of Huntington, Indiana, 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 the articles of this chapter  by  complainants  to  the  Indiana Civil  Rights Commission (“Commission”) for administrative enforcement actions pursuant to IC 22-9.5-6 and the Town Council and/or Clerk-Treasurer of the Town of Warren, shall refer all said complaints to that director as provided for under division (A) of this section for purposes of investigation, resolution and appropriate relief.
   (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 Commission to further such purposes.
   (D)   That Executive Director or that director's designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.
(Ord. 1993-1, passed 2-22-93)