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It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 91.03 through 91.06 of this chapter.
(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)
Whoever, whether or not acting under code or law, by force or threat of force willfully injures, intimidates or interferes with, or attempt to injure, intimidate or interfere with:
(A) Any person because of his race, color, religion, sex, handicap, familial status, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, 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;
(B) Any person because he is or has been, or in order to intimidate such 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); or
(2) Affording another person or class of persons opportunity or protection so to participate; or
(C) Any citizen because he 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), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be fined according to local, state and Federal law; and if bodily injury results shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.
(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)
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.
(BC Ord. 2016-31, passed 12-12- 16; Am. BC Ord. 2017-01, passed 1-23-17)
(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) 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 lodging to its members or from giving preference to its members.
(C) Nothing in this chapter regarding familial status shall apply with respect to housing for older persons. As used in this section, “housing for older persons” means housing:
(1) 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); or
(2) Intended for, and solely occupied by, person 62 years of age or older; or
(3) Intended and operated for occupancy by at least one person 55 years of age or older per unit.
(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)
(A) The authority and responsibility for properly administering this chapter and referral of complaints hereunder to the Commissioner as set forth in division (B) hereof shall be vested in the Chief Elected Official of Warrick County, Indiana.
(B) Notwithstanding the provisions of I.C. 22-9.5-4-8, Warrick County, Indiana, 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 articles 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 Warrick County, Indiana, shall refer all said complaints to the Commission as provided for under division (A) 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 Warrick County, Indiana, 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 Warrick County, Indiana, or the Chief Elected Official's designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.
(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)
Whoever violates the provisions of § 91.08 shall be fined according to local, state and federal law; and if bodily injury or death results shall be fined not more than $2,500.
(BC Ord. 1995-5, passed 2-22-95)