Howard County, IN Fair Housing

Howard County, IN, US

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Type: County Code

Status: Adopted on 11/21/94

Source File: http://www.co.howard.in.us/ordinances/chapter91.html

Text:

CHAPTER 91: FAIR HOUSING

§ 91.01 POLICY STATEMENT.
It shall be the policy of the county to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the Federal Civil Rights Act of 1968, being 42 USC 2000e et seq., as amended, the Federal Housing and Community Development Act of 1974, being 42 USC 5301 et seq., as amended, and I.C. 22‑9.5‑1 et seq.
(BCC Ord. 1994‑45, passed 11‑21‑94)

§ 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. Any person who:

(1) Claims to have been injured by a discriminatory housing practice;

(2) Believes that the 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)

DISABLED. With respect to a person:

(1) A physical or mental impairment which substantially limits one or more of the 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, being 42 USC 12101 et seq., as amended; or

(5) Any other impairment defined under I.C. 22‑9.5‑2‑10;

(6) The term shall not include current illegal use of or addiction to a controlled substance as defined in 21 USC 802 (I.C. 22‑9.5‑2‑10(b)), nor does the term include an individual solely because that individual is a transvestite (I.C. 22‑9.5‑2‑10(c)).

DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 91.04, 91.05, 91.06, 91.07 or 91.08 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.

(1) 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 the individual or the written permission of the parent or other person.

(2) The protection afforded against discrimination on this basis of familial status shall apply to any person who is pregnant or who 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 the family being further defined under “familial status.” (I.C. 22‑9.5‑2‑9)

PERSON. 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 right to occupy the premises owned by the occupant. (I.C. 22‑9.5‑2‑13)
(BCC Ord. 1994‑45, passed 11‑21‑94)

§ 91.03 UNLAWFUL PRACTICES.
Subject to the provisions of division (B) of this section, § 91.09 of this chapter and I.C. 22‑9.5‑3, the prohibition against discrimination in the sale or rental of housing set forth in I.C. 22‑9.5‑3 and in § 91.04 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 single-family houses at any one time; provided, that in the sale of the single-family house by a private individual owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption shall apply only to one sale within any 24-month period. The private individual owner may not own any interest in, nor have owned or reserved on the owner's behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three single‑family houses at any one time. The sale or rental of any single-family house shall be excepted from application of this section only if the house is sold or rented:

(a) Without the use in any manner of the sale or rental facilities or services of any real estate broker, agent, or salesperson or any person in the business of selling or renting dwellings or of any employee or agent of any broker, agent, or salesperson 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 nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other 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 the living quarters as a 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) The person 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) The person has, within the preceding 12 months, participated as agent, other than in the sale of his or her 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) The person is the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five or more families.

(BCC Ord. 1994‑45, passed 11‑21‑94) Penalty, see § 10.99

§ 91.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
As made applicable by § 91.03 and except as exempted by § 91.03(B) and § 91.09, it shall be unlawful:

(A) 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, disability, familial status or national origin.

(B) 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, disability, familial status or national origin.

(C) 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, disability, familial status or national origin, or an intention to make any preference, limitation or discrimination.

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

(E) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status or national origin.

(F) To discriminate as set forth in this division (F):

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

(a) That buyer or renter;

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

(c) Any person associated with that person.

(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 with the dwelling, because of a disability of:

(a) That person;

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

(c) Any person associated with that person.

(3) For purposes of this division, discrimination includes:

(a) 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 modifications may be necessary to afford the 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, reasonable wear and tear excepted;

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

(c) In connection with the design and construction of covered multi-family 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:

1. The public use and common use portions of those dwellings are readily accessible to and usable by disabled persons;

2. All the doors designed to allow passage into and within all premises within those dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and

3. All premises within those dwellings contain the following features of adaptive design: an accessible route into and through the dwelling; light switches, electrical outlets, thermostats and other environmental controls in accessible locations; reinforcements in bathroom walls to allow late installation of grab bars; and usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

(4) Compliance with the appropriate requirements of the Americans with Disabilities Act of 1990, being 42 USC 12101 et seq., and of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of the above paragraph (3)(c)3.

(5) Nothing in this division requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(BCC Ord. 1994‑45, passed 11‑21‑94) Penalty, see § 10.99

§ 91.05 DISCRIMINATION IN RESIDENTIAL REAL ESTATE 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 other person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, disability, familial status or national origin.

(B) As used in this section, 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, sex, disability, familial status or national origin.
(BCC Ord. 1994‑45, passed 11‑21‑94) Penalty, see § 10.99

§ 91.06 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES.
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 a person in the terms or conditions of access, membership or participation because of race, color, religion, sex, disability, familial status or national origin.
(BCC Ord. 1994‑45, passed 11‑21‑94) Penalty, see § 10.99

§ 91.07 INTERFERENCE, COERCION OR INTIMIDATION.
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or because of any person having exercised or enjoyed, or because of any person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 91.03, 91.04, 91.05, or 91.06.
(BCC Ord. 1994‑45, passed 11‑21‑94) Penalty, see § 10.99

§ 91.08 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, any of the following shall be punished as provided in § 10.99:

(A) Any person because of the person's race, color, religion, gender, disability, familial status or national origin and because the person 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 the person is or has been, or in order to intimidate the person or any other person or any class of persons from:

(1) Participating without discrimination because of race, color, religion, gender, disability, familial status or national origin in any of the activities, services, organizations or facilities described in division (A);

(2) Affording another person or class of persons opportunity or protection so to participate;

(C) Any citizen because the citizen is or has been, or in order to discourage the citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination because of race, color, religion, gender, disability, 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.
(BCC Ord. 1994‑45, passed 11‑21‑94) Penalty, see § 10.99

§ 91.09 EXEMPTIONS.

(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 those persons, unless membership in the religion is restricted because 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 these lodgings 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 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.

(BCC Ord. 1994‑45, passed 11‑21‑94)

§ 91.10 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 County Auditor.

(B) Notwithstanding the provisions of I.C. 22‑9.5‑4‑8, the county, 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 this chapter by complainants to the Indiana Civil Rights Commission for administrative enforcement actions pursuant to I.C. 22‑9.5‑6 and the County Auditor shall refer all such complaints to the Commission as provided for under division (A) of this section to the 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 the county 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 County Auditor and the Commission to further these purposes.

(D) The County Auditor or his or her designee shall provide information on remedies available to any aggrieved person or complainant requesting this information.
(BCC Ord. 1994‑45, passed 11‑21‑94)