CHAPTER 62, ARTICLE IV
- ARTICLE IV. DISCRIMINATORY HOUSING PRACTICES
- Sec. 62-101. Enumeration of illegal practices.
- Sec. 62-102. Illegal discriminatory practices based on disability.
- Sec. 62-103. Exemptions.
- Sec. 62-104. Threat of force or intimidation; penalty.
- Sec. 62-105. Effect on other law.
- Sec. 62-106. Civil action.
- Sec. 62-107. Additional civil proceedings.
ARTICLE IV. DISCRIMINATORY HOUSING PRACTICES back to top
Sec. 62-101. Enumeration of illegal practices. back to top
(a) It shall be an illegal discriminatory housing practice for any person, owner, or person acting for an owner, of rights to dwelling with or without compensation, including but not limited to persons licensed as real estate brokers or salespersons, attorneys, auctioneers, appraisers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed of trust, or will to:
(1) Refuse to sell, lease or rent after making of a bona fide offer; refuse to show or represent that a dwelling is unavailable; or refuse to negotiate for the sale, lease or rental of any dwelling or refuse to sublease or assign or otherwise make unavailable or deny a dwelling to any person because of race, religion, creed, color, sex, sexual orientation, national origin, ancestry, disability or familial status.
(2) Directly or indirectly advertise or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any dwelling or any part, portion or interest therein, by persons of any particular race, color, sex, sexual orientation, creed, religion or national origin, ancestry, disability, or familial status, is unwelcome, objectionable, not acceptable, or not solicited.
(3) Include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer of any dwelling, any clause, condition or restriction discriminating against any person in the use or occupancy of the dwelling because of race, religion, creed, color, sex, sexual orientation, national origin, ancestry, disability or familial status.
(4) Discriminate in the furnishing of any facilities or services for any dwelling because of race, religion, creed, color, sex, sexual orientation, national origin, ancestry, disability or familial status.
(5) Make, utter, print, publish or circulate or cause to be made, printed, uttered, published or circulated any notice, statement or advertisement; announce a policy; use any form of application with respect to the sale, purchase, lease, rental or financing of dwelling; or make any record or inquiry in connection with the prospective purchase, rental or lease of a dwelling which either records the race, religion, creed, color, sex, sexual orientation, national origin, ancestry, disability or familial status of applicants or indicates directly or indirectly any preference, limitation, specification or discrimination on the basis of race, religion, creed, color, sex, sexual orientation, national origin, ancestry, disability or familial status or an intention to make any such preference, limitation, specification or discrimination.
(6) Discriminate against any other person because the latter has opposed any practice forbidden under this chapter or has filed a complaint, testified, or assisted in a proceeding under this chapter.
(7) 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 this chapter.
(8) Aid, incite, compel, coerce, or participate in the doing of any act declared to be a discriminatory housing practice under this section; attempt, directly or indirectly, to commit any act declared by this section to be a discriminatory practice; or attempt in any fashion to coerce, intimidate, compel, threaten, interfere, or in any other fashion force any person not to cooperate or participate in any hearing or other proceeding conducted by the human rights commission or its staff.
(9) For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, sex, sexual orientation, color, religion, ancestry, national origin, disability or familial status.
(10) Steer or channel a prospective buyer into or away from an area because of race, sex, sexual orientation, religion, national origin, ancestry, color, disability, or familial status, by action by a real estate broker or salesperson which is intended to influence the choice of a prospective dwelling buyer on the basis of racial, religious, national origin, sex, sexual orientation, color, disability, ancestry or familial status.
(11) Deny another person access to or membership or participation in a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings or discriminate against a person in terms or conditions of access, membership, or participation in such organization because of race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status.
(b) As used in this subsection, the term "residential real-estate-related transaction" means any of the following: (i) the making or purchasing of loans, accepting mortgages or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling or secured by residential real estate; (ii) the selling, brokering, or appraising of residential real property. It shall be an illegal discriminatory housing practice for any person, owner or person acting for an owner, of rights to dwelling, with or without compensation, including but not limited to persons licensed as real estate brokers, salespersons or entities 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, sexual orientation, ancestry, disability, familial status, or national origin to discriminate in rates, terms, conditions or provisions of any such financial assistance or in the extension of services in connection therewith because of race, religion, creed, color, sex, sexual orientation, national origin, ancestry, disability or familial status of the applicant for such loan or funds or of the would-be-purchaser or lessee or prospective occupant of dwelling or of the racial makeup of the neighborhood in which the property is located. Nothing in this subsection prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, creed, national origin, ancestry, sex, sexual orientation, disability or familial status.
(C62, §§ 2-428, 2-436; O.7079, 7362, 7738; C62, §§ 25A-6, 25A-7; O.8291, 8920; C75, § 2-316; O.9337; C79, § 2-316; O.10,244; C85, § 2-316; O.10,802; C91, § 2-316; O.11,784, 12,072, 13,922, 13,965)
Sec. 62-102. Illegal discriminatory practices based on disability. back to top
(a) A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter because of a disability of any of the following persons:
(1) That buyer or renter.
(2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available.
(3) A person associated with that buyer or renter.
(b) A person shall not discriminate against another 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 the dwelling because of a disability of any of the following persons:
(1) That person.
(2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available.
(3) A person associated with that person.
(c) For the purpose of this section only, discrimination includes any of the following circumstances:
(1) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications are necessary to afford the person full enjoyment of the premises. For a rental, a landlord may, where reasonable to do so, condition permission for a modification on the renter's agreement to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
(2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations are necessary to afford the person equal opportunity to use and enjoy a dwelling.
(3) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 16, 1992, a failure to design and construct those dwellings in a manner that meets the following requirements:
a. The public use and common use portions of the dwellings are readily accessible to and usable by disabled persons.
b. All doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs.
c. All premises within the dwellings contain the following features of adaptive design:
1. An accessible route into and through the dwelling.
2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.
3. Reinforcements in bathroom walls to allow later installation of grab bars.
4. Usable kitchens and bathrooms so that a person in a wheelchair can maneuver about the space.
(d) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as ANSI A 117.1, satisfies the requirements of subsection (c)(3)c of this section.
(e) Nothing in subsections (a), (b) and (c) of this section requires that a dwelling be made available to a person whose tenancy would constitute a direct threat to the health or safety of other persons or whose tenancy would result in substantial physical damage to the property of others.
(C91, § 2-316.01; O.11,784, 12,072)
Sec. 62-103. Exemptions. back to top
(a) Nothing in sections 62-101 and 62-102 of this article shall be construed to apply to the following:
(1) The rental or leasing of a dwelling in a building which contains dwellings for not more than two families living independently of each other, if the owner resides in one of such dwellings.
(2) Any bona fide religious institution with respect to any qualifications it may impose based on religion or sexual orientation, when such qualifications are related to a bona fide religious purpose, unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on account of race, color or national origin.
(3) The rental or leasing of less than four rooms within a single dwelling by the occupant or owner of such dwelling, if the occupant or owner resides in the dwelling.
(4) The rental or leasing of a dwelling within which residents of both sexes must share a common bathroom facility on the same floor of the building. This exemption does not apply to race, color, creed, religion, sexual orientation, national origin, ancestry, disability or familial status basis.
(5) The rental or leasing of a dwelling in a building which contains dwellings for not more than four families living independently of each other, if the owner resides in one of the dwellings for which the owner qualifies for the homestead tax credit under I.C. § 425.1.
(b) Nothing in sections 62-101 and 62-102 of this article regarding familial status shall apply with respect to housing for older persons. As used in this subsection, the term "housing for older persons" means housing:
(1) Provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined in the state or federal program, that the human rights commission determines to be consistent with determinations made by the Secretary of Housing and Urban Development;
(2) Intended for and solely occupied by persons 62 years of age or older; or
(3) For 80-percent occupancy by at least one person 55 years of age or older per unit, and providing significant facilities and services specifically designed to meet the physical or social needs of the persons, and the housing facility must publish and adhere to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(c) None of the exemptions stated in subsections (a) and (b) of this section shall apply to advertising.
(C91, § 2-316.02; O.11,784, 12,072, 13,965)
Sec. 62-104. Threat of force or intimidation; penalty. back to top
(a) A person commits a public offense if the person, whether or not acting under color of law, by force or threat of force, intentionally intimidates or interferes with or attempts to interfere with a person under any of the following circumstances:
(1) Because of the person's race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status, and because the person is or has been selling, purchasing, renting, occupying, or financing, contracting for, or negotiating for the sale, purchase, rental or occupation of any dwelling, or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings.
(2) Because the person is or has been doing any of the following:
a. Participating, without discrimination because of race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status, in an activity service, organization, or facility described in subsection (a)(1) of this section.
b. Affording another person the opportunity or protection to so participate.
c. Lawfully aiding or encouraging other persons to participate, without discrimination because of race, color, sex, sexual orientation, religion, national origin, disability, or familial status, in an activity, service, organization, or facility described in subsection (a)(1) of this section.
(b) Any person who fails to perform an act required by this section or who commits an act prohibited by this section shall be guilty of a misdemeanor punishable by fine or imprisonment as provided by section 1-15 of this Code.
(C91, § 2-316.03; O.11,784, 13,965)
Sec. 62-105. Effect on other law. back to top
This article does not affect a reasonable local or state restriction regarding maximum number of occupants permitted to occupy a dwelling.
(C91, § 2-316.04; O.11,784)
Sec. 62-106. Civil action. back to top
(a) A complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed pursuant to this chapter may elect to have the charges asserted in the complaint decided in a civil action as provided by section 62-107 of this article in accordance with the following:
(1) The election must be made not later than 20 days after the date of receipt by the electing person of service under subsection 62-4(h)(2) of this chapter, or for the human rights commission not later than 20 days after the date of such service.
(2) The person making the election shall give notice to the commission and to all other complainants and respondents to whom the election relates.
(3) The election to have the charges of a complaint decided in a civil action as provided in this subsection is only available if it is alleged that there has been a violation of section 62-101 or 62-102 of this article.
(b) An aggrieved person may, as provided I.C. § 216.16A, file a civil action in district court not later than two years after the occurrence of the termination of an alleged discriminatory housing or real estate practice or the breach of a mediation agreement entered into in section 62-4 of this chapter, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing or real estate practice or breach in accordance with the following:
(1) The two-year period does not include any time during which a public hearing under sections 62-4 and 62-8 of this chapter is pending with respect to a complaint or charge based on the discriminatory housing or real estate practice. This subsection does not apply to actions arising from a breach of a mediation agreement.
(2) An aggrieved person may file an action under this subsection whether or not a discriminatory housing or real estate complaint has been filed under section 62-2 of this chapter and without regard to the status of any discriminatory housing or real estate complaint filed under that section.
(3) However, an aggrieved person shall not file an action under this subsection with respect to an alleged discriminatory housing or real estate practice that forms the basis of a charge issued by the commission if the commission has begun a hearing on the record under sections 62-4 and 62-8 of this chapter with respect to the charge.
(4) If the commission has obtained a mediation agreement with the consent of an aggrieved person, the aggrieved person shall not file an action under this subsection with respect to the alleged discriminatory practice that forms the basis for the complaint except to enforce the terms of the agreement.
(C91, § 2-322.02; O.12,072)
State law references: Similar provisions, I.C. § 216.16A.
Sec. 62-107. Additional civil proceedings. back to top
(a) Additional civil proceedings are available in the area of discriminatory housing practices as follows:
(1) If timely election is made under section 62-106 of this article, the parties are entitled to all rights, protections and remedies provided by I.C. § 216.17A.
(2) An aggrieved person may intervene in the action.
(3) If the district court finds that a discriminatory housing or real estate practice has occurred or is about to occur, the district court may grant any relief that a court may grant in a civil action under I.C. § 216.17A.
(4) If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the district court, as provided by I.C. § 216.17A, shall not award the monetary relief if that aggrieved person has not complied with discovery orders entered by the district court.
(b) An order of the human rights commission under sections 62-4 and 62-8 of this chapter and a commission order that has been substantially affirmed by judicial review do not affect a contract, sale, encumbrance, or lease that was consummated before the commission issued the order and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge issued under this section.
(c) If the human rights commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the commission, not later than 30 days after the date of issuance of the order, shall do all of the following:
(1) Send copies of the findings and the order to the governmental agency.
(2) Recommend to the governmental agency appropriate disciplinary action.
(d) If the commission issues an order against a respondent against whom another order was issued within the preceding five years under section 62-4 or 62-8 of this chapter, the commission shall send a copy of each order issued under that section to the state attorney general.
(e) On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory practice is alleged, the district court may, as provided by I.C. § 216.17A, appoint an attorney for the person.
(f) In an action under this section, if the district court finds that a discriminatory housing or real estate practice has occurred or is about to occur, the district court may, as provided by I.C. § 216.17A, award or issue to the plaintiff one or more of the following:
(1) Actual and punitive damages.
(2) Reasonable attorney's fees.
(3) Court costs.
(4) Subject to subsection (g) of this section, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or ordering appropriate affirmative action.
(g) Relief granted under this section does not affect a contract, sale, encumbrance, or lease that was consummated before the granting of the relief and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under section 62-2 of this chapter or a civil action under this section.
(h) On the request of the human rights commission, the attorney may intervene in an action under this section if the commission certifies that the case is of general public importance. The attorney may obtain the same relief available to the attorney under subsection (i) of this section.
(i) On the request of the human rights commission, the commission's attorney shall file a civil action in district court for appropriate relief if the commission has reasonable cause to believe that any of the following applies:
(1) A person is engaged in a pattern or practice of resistance to the full enjoyment of any housing right granted by section 62-161 or 62-102 of this chapter.
(2) A person has been denied any housing right granted by this chapter and that denial raises an issue of general public importance.
(j) In an action under this section, the district court may, as provided by I.C. § 216.17A, do any of the following:
(1) Order preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of housing rights as necessary to ensure the full enjoyment of the housing rights granted by this chapter.
(2) Order another appropriate relief, including the awarding of monetary damages, reasonable attorney's fees, and court costs.
(3) To vindicate the public interest, assess a civil penalty against the respondent in an amount not to exceed those established by I.C. § 216.17A as follows:
a. Fifty thousand dollars for a first violation.
b. One hundred thousand dollars for a second or subsequent violation.
(k) A person may intervene in an action under this section if the person is any of the following:
(1) An aggrieved person to the discriminatory housing or real estate practice.
(2) A party to a mediation agreement concerning the discriminatory housing or real estate practice.
(l) The attorney, on behalf of the commission or other party at whose request a subpoena is issued, may enforce the subpoena in appropriate proceedings in district court.
(m) A court in a civil action brought under this section or the commission in an administrative hearing under sections 62-4 and/or 62-8 of this chapter may award reasonable attorney's fees to the prevailing party and assess court costs against the non-prevailing party.
(C91, § 2-322.03; O.12,072, 13,922)
Secs. 62-108--62-135. Reserved.