Enter County/City Name Fair Housing Ordinance

Title

This Ordinance shall be known, cited, and referred to as “Enter County/City Name” Housing Ordinance.

Purpose & Public Policy

To provide for fair housing practices within this county;

To create a procedure for investigating and settling complaints of discriminatory housing practices;

To provide rights and remedies substantially equivalent to those granted under federal law; and

The chapter shall be construed broadly so as to effectuate its purpose and the policy of Enter County/City Name.

Enter any additional information

Definitions

“Coercion” It is unlawful to coerce, intimidate, threaten, harass, or interfere with any individual in the exercise or enjoyment of, or because that individual aided or encouraged any other individual in the exercise of, any right granted or protected by this article.

“Commission” The Enter County/City Name

“Commission Attorney” The Corporation Counsel, or attorney assigned to this Commission by the Corporation Counsel, or such other attorney as may be engaged by the Commission after consultation with and approval by the Corporation Counsel.

“Complainant” means:

A person who signs a complaint on his/her own behalf, alleging that he/she has been aggrieved by a discriminatory practice. Can also be referred to as “Charging party” or “aggrieved person”; or

The director or deputy director of the commission charging that a discriminatory practice was committed against a person (other than the director or deputy director) or a class of people, in order to vindicate the public policy of the state

“Complaint” means a written grievance that is:

Sufficiently complete and filed by a complainant with the commission; or

Filed by a complainant as a civil action in the circuit or superior court having jurisdiction in this county in which the alleged discriminatory practice occurred.

“Consent Agreement” shall mean a formal agreement entered into in lieu of adjudication

“Disability” or “Disabled” means the physical or mental condition of a person that constitutes a substantial disability. In reference to employment under this chapter, “disabled or disability” also means the physical or mental condition of a person that constitutes a substantial disability unrelated to the person’s ability to engage in a particular occupation.

“Discriminatory Practice” Every discriminatory practice relating to the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit (as defined in IC 24-4.5-1-301.5) shall be considered unlawful unless it is specifically exempted by this chapter. Discriminatory practice means any one or more of the following committed within the jurisdiction of the commission:

The exclusion from or the difference in treatment or the failure to grant to any person equal opportunities by reason of any of the protected classes

A system that excludes person from equal opportunities because of any of the protected classes

The promotion of racial segregation or separation in any manner, including but not limited to the inducing of or the attempting to induce for profit any person to sell or rent any dwelling by representations regarding the entry or prospective entry in the neighborhood of a person or persons of a particular protected class

A violation of IC 22-9-5 that occurs after July 25, 1992, and is committed by a covered entity (as defined in IC 22-9-5-4)

“Dwelling” Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one or more families; or Any vacant land that 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.

“Family” includes a single individual (I.C. 22-9.5-2-9), with the status of such family being further defined in subsection (H) of this Section.

“Familial status” means that the person who is subject of discrimination is:

Pregnant;

Domiciled with an individual younger than eighteen (18) years of age in regard to whom the person;

Is the parent or legal custodian; or

Has the written permission of the parents or legal custodian for domicile with that person; or

In the process of obtaining legal custody of an individual younger than eighteen (18) years of age

“Owner” means any person having the right of ownership or possession or the right to sell, rent, or lease any housing unit, including but not limited to a lessee, a sub-lessee, assignee, or managing agent.

“Person” means one or more individuals, partnerships, associations, organization, labor organization, corporations, cooperatives, legal representatives, trustees in bankruptcy, trustees, receivers, governmental agencies and departments, including but not limited to the City, and any of its departments and other organized groups; provided, however, that with regard to complaints concerning employment, “person” shall mean employers of six or more employees.

“Probable Cause” means such an apparent state of facts established by personal knowledge or by information from others reasonably accepted as true, as would lead a person of normal intelligence and prudence to believe that an unlawful discriminatory practice has occurred.

“Real Estate Operator” means any individual or combination of individuals, labor unions joint apprenticeship committee, partnerships, associations, corporations, legal representatives, mutual companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers, or other legal or commercial entity, or any governmental agency, branch or sub-division thereof, that is engaged in the business of selling, purchasing, exchanging, renting, or leasing real estate, or the improvements thereon, including options or that derives incomes, in whole or in part, from the sale, purchase, exchange, rental, or lease of real estate; or an individual employed by or acting on behalf of any of these.

“Reasonable Accommodation” Making existing facilities used by employees readily accessible to and usable by individuals with disabilities. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

“Respondent” Any person against whom a complaint has been filed.

“Retaliation” It is unlawful to discriminate against any individual because that individual has opposed any act or practice made unlawful by this article or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce any provision contained in this article.

“Sex” as it applies to segregation or separation in this ordinance shall apply to all types of employment, education, public accommodations, and housing, except those specifically exempted, and includes pregnancy.

“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.

Undue Hardship with respect to the provision of an accommodation means significant difficulty or expense incurred by a covered entity when considered in light of the factors as set by this article.

In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include the following:

The nature and net cost of the accommodation needed under this rule, taking into consideration the availability of tax credits and deductions or outside funding.

The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, and the effect on expenses and resources.

The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees, and the number, type, and location of its facilities.

The type of operation or operations of the covered entity, including the following:

Composition, structure, and function of the workforce of such entity.

The geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered entity.

The impact of the accommodation upon the operation of the facility, including the following:

The impact on the ability of other employees to perform their duties.

The impact on the facility's ability to conduct business.

Any Definitions not included here may be found in Enter Code Number for County’s Civil Rights Ordinance

Enter Additional Protected Class definitions or other definitions

Exemptions:

Section Enter Code Number Association with Section 5-Discriminaiton in the Sale or Rental of Housing. Of this chapter does not apply to the following:

Sale or Rental of Single-Family Houses

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 twenty-four (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:

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

without the publication, posting or mailing, after notice of advertisement or written notice in violation of this Ordinance, 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

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.

For the purposes of this section, a person shall be deemed to be in the business of selling or renting dwellings if:

They have, within the preceding twelve (12) months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

they have, within the preceding twelve (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

They are the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five (5) or more families.

Religious Organizations

This chapter does not prohibit a religious organization, an association, or a society or a nonprofit institution or an organization operated, supervised or controlled by or in conjunction with a religious organization, an association or a society from:

Limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; and

Giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color, or national origin.

Private Clubs

This chapter does not prohibit a private club not open to the public that, as an incident to the club’s primary purpose, proves lodging that the club owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to the members or from giving preference to the members, unless membership in the club is restricted because of race, color, or national origin.

Housing for Older Persons

As used in this section, "housing for older persons" means housing that the commission determines is:

specifically designed and operated to assist elderly persons under a federal or state program;

intended for and solely occupied by persons at least sixty-two (62) years of age; or

intended and operated for occupancy by persons at least fifty-five (55) years of age if the provisions of subsection (c) are met.

Housing does not fail to meet the requirements for housing for older persons if:

the unoccupied units are reserved for persons who meet the age requirements described in this section; or

the occupants who do not meet the age requirements within this section have resided in the housing since September 13, 1988, or an earlier date, and the persons who became occupants after September 13, 1988, meet the age requirements of this section.

To be considered housing for older persons under subsection (3), a housing facility or community must meet the following provisions:

At least eighty percent (80%) of the occupied units are occupied by at least one (1) person who is at least fifty-five (55) years of age.

The housing facility or community publishes and adheres to policies and procedures that demonstrate an intent to operate housing for persons who are at least fifty-five (55) years of age.

The housing facility or community complies with rules adopted by the civil rights commission under IC 4-22-2 for verification of occupancy that:

provide for verification by reliable surveys and affidavits; and

include examples of the types of policies and procedures relevant to determine compliance.

The surveys and affidavits used to verify occupancy under subsection (5)(A) are admissible in an administrative or a judicial proceeding to verify occupancy.

The provisions relating to familial status do not apply to housing for older persons.

Appraisals of Property

This chapter does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, familial status or national origin.

Local or State Restrictions

This article does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or restriction relating to health or safety standards. This article does not affect a requirement of nondiscrimination in any other state or federal law. 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 safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

Discrimination in the Sale or Rental of Housing

As made applicable by Section 7 and except as exempted by Section 7(B) and 11 it shall be unlawful:

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, handicap, familial status or national origin.

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

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.

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.

For profit, to induce or attempt to induct 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, handicap, familial status or national origin.

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:

that buyer or renter;

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

Any person associated with that person.

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 disability of:

that person; or

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

Any person associated with that person.

For purposes of this subsection, discrimination includes:

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 modifications, reasonable wear and tear excepted;

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

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, 1998, a failure to design and construct those dwellings in such a manner that;

the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

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

all premises within such 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 bathrooms such that an individual in a wheelchair can maneuver about the space.

Compliance with the appropriate requirement Americans with Disabilities Act of 1990 and of the American National Standard for Buildings and Facilities providing accessibility and satisfy the requirements of paragraph (3) (C) (iii). Nothing in this subsection requires that a dwelling be made available to an individual.

Discrimination in Residential Real Estate-Related Transactions

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.

Discrimination in the Provision of Brokerage Service

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 him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status or national origin.

Discriminatory Act Committed Because of Familial Status

Under this article, a discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is:

a. Pregnant;

domiciled with an individual younger than eighteen (18) years of age in regard to whom the person:

is the parent or legal custodian; or

has the written permission of the parent or legal custodian for domicile with that person; or

in the process of obtaining legal custody of an individual younger than 18 years of age.

Sale or Rental of Certain Single-Family Houses; Sale or Rental of Certain

Publication of Notice or Advertising Indicating Intent to Discriminate

A person may not 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 such a preference, limitation, or discrimination.

Inspection for Sale; Representation as to Availability

A person may not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection.

Inducement, for Profit, to Sell or Rent by Representation of Entry into Neighborhood of Certain Persons

A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status, or national origin.

Discrimination Based on Disability; Scope of Term; Definitions; Compliance with Safety Rules

A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of:

the buyer or renter;

a person residing in or intending to reside in the dwelling after the dwelling is sold, rented, or made available; or

any person associated with the buyer or renter.

A person may not 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:

the person;

a person residing in or intending to reside in the dwelling after the dwelling is sold, rented, or made available; or

any person associated with the person.

For purposes of this section only, discrimination includes the following:

A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises.

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

In connection with the design and construction of covered multifamily dwellings, a failure to design and construct those dwellings in a manner that:

the public use and common use parts of the dwellings are readily accessible to and usable by persons with disabilities;

all the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and

all premises within the 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 later installation of grab bars.

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

As used in subsection (5), "covered multifamily dwellings" means:

buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and

ground floor units in other buildings consisting of four (4) or more units.

Compliance with the rules of the fire prevention and building safety commission that incorporate by reference the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for people with physical disabilities satisfies the requirements of subsection (5)(c)(3).

This section does not require 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.

Services, Organizations, and Facilities Relating to the Business of Selling or Renting Dwellings; Discrimination Prohibited

A person may not deny any 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 the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, sex, disability, familial status, or national origin.

Intimidation or Interference with the Exercise of Another’s Rights

A person may not coerce, intimidate, threaten, or interfere with any other person:

in the exercise or enjoyment of any right granted or protected by this chapter; or

because the person has exercised or enjoyed, or has encouraged another person in the exercise or enjoyment of, any right granted or protected by this chapter.

Prevention of Intimidation in Fair Housing Cases

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:

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

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:

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; or

affording another person or class of persons opportunity or protection so to participate; or

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 subsection 1, 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.

Equal Access to Housing in HUD Programs

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.

Administrative Provisions

This chapter shall apply within the jurisdiction of Enter County Name

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If you chose to create your Commission, then select Enforcement and Duties, then press F3. If ICRC is enforcing then delete this section. Choose an item.

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Enforcement by Private Person

An aggrieved person may file a civil action in the circuit or superior court located in Vanderburgh County not later than one (1) year after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this ordinance, whichever occurred last, to obtain appropriate relief with respect to the discriminatory housing practice or breach. See l.c. 22-9.5-7-1.

The one (1) year period does not include any time during which an administrative proceeding, under this ordinance, is pending with respect to a complaint or finding of reasonable cause under this chapter based on the discriminatory housing practice. This subsection does not apply to actions arising from a breach of a conciliation agreement.

An aggrieved person may file an action under this ordinance whether or not a complaint has been filed under this ordinance and without regard to the status of any complaint filed under this ordinance.

If the Commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this ordinance with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the agreement.

An aggrieved person may not file an action under this ordinance with respect to an alleged discriminatory housing practice that forms the basis of a finding of reasonable cause issued by the Commission if the Commission has begun a hearing on the record under this ordinance with respect to the finding of reasonable cause.

If the court finds that a discriminatory housing practice has occurred, or is about to occur in an action under this ordinance, the court may award to the prevailing party the following:

Actual and punitive damages.

Reasonable attorney's fees.

Court costs

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.

Relief under this Section does not affect the contract, a sale, an encumbrance, or a lease that:

was consummated before the granting of the relief, and

involved a bona fide purchaser, an encumbrancer, or a tenant who did not have actual notice of the filing of a complaint or a civil action under this ordinance. See l.c. 22-9.5-70.

The Commission may intervene in an action under this Section if the Commission determines that the case is of general public importance. The Commission may obtain the same relief available to the Commission under Section 9.04.110 of this ordinance.

Under this Section, the Court may award reasonable attorney's fees to any prevailing party.

Severability of Provisions

If any provision of this ordinance or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of the ordinance and the application of its provisions to other persons not similarly situated or to the other circumstances shall not be affected thereby.

Reference

Please refer to the State’s Civil Rights Commission and the State’s civil rights code for any information not provided within this Ordinance. The federal and state civil rights laws are binding and enforceable under this ordinance. Any protected classes covered under this ordinance not mentioned in IC 22-9.5 shall be governed and protected by this county only.

Effective Date

This ordinance shall be in full force and effect from and after its passage by the Enter Name of Board or power who must put into effect, and the publication once each week for two (2) consecutive weeks as provided in I.C. 5-3-1.