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§ 91.01 POLICY STATEMENT.
   It shall be the policy of Warrick County to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the Federal Civil Rights Act of 1968, as amended, the Federal Housing and Community Development Act of 1974, as amended, and I.C. 22-9.5-1 et seq.
(BC Ord. 1995-5, passed 2-22-95; Am. BC Ord. 2016-31, passed 12- 12-16; Am. BC Ord. 2017-01, passed 1-23-17)
§ 91.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   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).
   DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 91.04 through 91.08 of this chapter 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. 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. 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 (I.C. 22-9.5-2-9), with the status of such family being further defined above under FAMILIAL STATUS.
   HANDICAP. 
      (1)   With respect to a person means:
         (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 defined in 910 IAC 2-3.
      (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 and 910 IAC 2-3-2(14); nor does the term HANDICAP include an individual solely because that individual is a transvestite 910 IAC 2-3-2(14).
   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 (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 owned by the occupant (I.C. 22-9.5-2-13).
(BC Ord. 1995-5, passed 2-22-95; Am. BC Ord. 2012-25, passed 8-27-12; Am. BC Ord. 2016-31, passed 12-12-16; Am. BC Ord. 2017-01, passed 1-23-17)
§ 91.03 UNLAWFUL PRACTICE.
   Subject to the provisions of division (B) of this § 91.09 of this chapter and I.C. 22-9.5-3, the prohibitions against discrimination in the sale or rental of housing set forth I.C. 22-9.5-5-1 and in § 91.04 of this chapter shall apply to:
   (A)   All dwellings except as exempted by division (B) and I.C. 22-9.5-3.
   (B)   Other than the provisions of division (C) of this section, 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 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 salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent or salesman, or person; and
         (b)   Without the publication, posting or mailing, after notice of advertisement or written notice in violation of § 91.04(C) of this chapter, 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 residence.
   (C)   For the purposes of division (B), 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 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.
(BC Ord. 1995-5, passed 2-22-95; Am. BC Ord. 2016-31, passed 12-12- 16; Am. BC Ord. 2017-01, passed 1-23-17)
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