Anti-Discrimination Center

Sec. 34-31. Policy statement. back to top

It shall be the policy of the town 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 IC 22-9.5-1.

(Code 2000, § 4-6-1)

Sec. 34-32. Definitions. back to top

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates 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.

Commission means the state civil rights commission created pursuant to IC 22-9-1-4 et seq.

Complainant means a person, including the commission, who files a complaint under IC 22-9.5-6.

Discriminatory housing practice means an act that is unlawful under section 34-35, 34-36, 34-37 or 34-38, or IC 22-9.5-5.

Dwelling means any building or structure, or part of a building or structure, that is occupied, 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 or structure, or part of a building or structure, that is occupied, or designed or intended for occupancy, as a residence by one or more families.

Familial status means one or more individuals, who have not attained the age of 18 years, being domiciled with:

(1) A parent or another person having the legal custody of such individual or the written permission of such parent or other person.

(2) 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, with the status of such family being further defined in this section by the term "familial status."

Handicap means, with respect to a person:

(1) A physical or mental impairment which substantially limits one or more of such person's major life activities;

(2) A record of having such an impairment;

(3) Being regarded as having such an impairment;

(4) An impairment described or defined pursuant to the Federal Americans with Disabilities Act of 1990; or

(5) Any other impairment defined under IC 22-9.5-2-10.

Such term shall not include current illegal use of, or addiction to, a controlled substance as defined in 21 USC 802; nor does such term include an individual solely because that individual is a transvestite.

To rent includes to lease, sublease, let and otherwise grant, for a consideration, the right to occupy the premises owned by the occupant.

(Code 2000, § 4-6-2)

Cross references: Definitions generally, § 1-2.

Sec. 34-33. Scope. back to top

(a) Subject to the provisions of subsection (b) of this section, section 34-34 and IC 22-9.5-3, the prohibitions against discrimination in the sale or rental of housing set forth in IC 22-9.5-5 and in section 34-40 shall apply to all dwellings, except as exempted by subsection (b) of this section and IC 22-9.5-3.

(b) Other than the provisions of subsection (c) of this section, nothing in section 34-40 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 who was not the most recent resident of such house prior to the sale, the exemption shall apply only to 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, 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 excepted from the application of this section only if such house is sold or rented without the:

a. 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, salesman or person; and

b. Publication, posting or mailing, after notice of advertisement or written notice in violation of section 34-40(c), but nothing in this subsection shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance, as necessary, to perfect or transfer the 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 purpose of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if he:

(1) Has, 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) Has, 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) Is the owner of any dwelling unit designed or intended for occupancy, or occupied, by five or more families.

(Code 2000, § 4-6-3)

Sec. 34-34. Exemptions. back to top

(a) Exemptions defined or set forth under IC 22-9.5-3 shall be exempt from the provisions of this article and exemptions also include those activities or organizations set forth under subsections (b) and (c) of this section.

(b) Nothing in this article shall prohibit a religious organization, association or society, or any nonprofit institution or organization that is 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 article prohibit a private club not in fact open to the public, which, incidental to its primary purpose, 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) Nothing in 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 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 persons, as defined in the state or federal program;

(2) Intended for, and solely occupied by, persons 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.

(Code 2000, § 4-6-9)

Sec. 34-35. Residential real estate related transactions. back to top

(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 article prohibits a person engaged on 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.

(Code 2000, § 4-6-5)

Sec. 34-36. Provision of brokerage services. back to top

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 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.
(Code 2000, § 4-6-6)

Sec. 34-37. Interference, coercion or intimidation. back to top

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 section 34-33, 34-35, 34-36 or 34-40.
(Code 2000, § 4-6-7)

Sec. 34-38. Prevention of intimidation in fair housing cases. back to top

Any person who, 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:

(1) 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; or

(2) 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:

a. 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 subsection (1) of this section; or

b. Affording another person or class of persons an opportunity or protection so to participate;

(3) Any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully abiding 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 subsection (1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate;

shall be fined not more than $1,000.00, or imprisoned not more than one year, or both; and if bodily injury results, shall be fined not more than $10,000.00, or imprisoned for not more than ten years, or both; and if death results, shall be subject to imprisonment for any term of years or for life.

(Code 2000, § 4-6-8)

Sec. 34-39. Administrative enforcement. back to top

(a) The authority and responsibility for properly administering this article and referral of complaints under this article to the commission as set forth in subsection (b) of this section shall be vested in the chief executive officer of the town.

(b) Notwithstanding the provisions of IC 22-9.5-4-8, the town, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this article, elects to refer all formal complaints of violations of this article by complainants to the state civil rights commission for administrative enforcement actions pursuant to IC 22-9.5-6 and the chief elected officer of the town shall refer all such complaints to the commission as provided for under subsection (a) of this section for purposes of investigation, resolution and appropriate relief as provided for under IC 22-9.5-6.

(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 article and shall cooperate with the chief executive officer and the commission to further such purposes.

(d) The chief executive officer of the town or his designee shall provide information on remedies available to any aggrieved person or complainant requesting such information.

(Code 2000, § 4-6-10)

Sec. 34-40. Sale and rental of housing. back to top

(a) As made applicable by section 34-33, and except as exempted by sections 34-33(b) and 34-34, it shall be unlawful:

(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status or national origin.

(2) To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status or national origin.

(3) To make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination.

(4) To represent to any person, because of race, color, religion, sex, handicap, familial status or national origin, that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

(5) For profit, to 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, color, religion, sex, handicap, familial status or national origin.

(6) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:

a. That buyer or renter;

b. A person residing, or intending to reside, in that dwelling after it is so sold, rented or made available; or

c. Any person associated with that person.

(7) To discriminate against any 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 such dwelling, because of a handicap of:

a. That person;

b. A person residing, or intending to reside, in that dwelling after it is so sold, rented or made available; or

c. Any person associated with that person.

(b) For purposes of subsection (a) of this section, the term "discrimination" includes:

(1) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied, or to be occupied, by such person, if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, except for reasonable wear and tear;

(2) A refusal to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

(3) In connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those dwellings in such a manner that:

a. The public use and common use of portions of such dwellings are readily accessible to, and usable by, handicapped persons;

b. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

c. All premises within such 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; and

4. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

(c) Compliance with the appropriate requirements of Americans With Disabilities Act of 1990 and the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as ANSI A117.1) suffices to satisfy the requirements of subsection (b)(3)c. of this section.

(d) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or physical damage to the property of others.