2015 Indiana Code TITLE 22. LABOR AND SAFETY ARTICLE 9.5. INDIANA FAIR HOUSING CHAPTER 3. EXEMPTIONS
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IC 22-9.5-3
Chapter 3. Exemptions
IC 22-9.5-3-1
Sale or rental of certain single-family houses; sale or rental of
certain rooms or units
Sec. 1. (a) Subject to subsection (b), IC 22-9.5-5 does not apply to
the following:
(1) The sale or rental of a single-family house sold or rented by
an owner if:
(A) the owner does not:
(i) own more than three (3) single-family houses at any one
(1) time; or
(ii) own any interest in, nor is there owned or reserved on
the owner's behalf, under any express or voluntary
agreement, title to, or any right to any part of the proceeds
from the sale or rental of more than three (3) single-family
houses at any one (1) time; and
(B) the house was sold or rented without:
(i) the use of the sales or rental facilities or services of a
real estate broker, an agent, or a salesman licensed under
IC 25-34.1, or of an employee or agent of a licensed
broker, an agent, or a salesman, or the facilities or services
of the owner of a dwelling designed or intended for
occupancy by five (5) or more families; or
(ii) the publication, posting, or mailing of a notice, a
statement, or an advertisement prohibited by
IC 22-9.5-5-2.
(2) The sale or rental of rooms or units in a dwelling containing
living quarters occupied or intended to be occupied by no more
than four (4) families living independently of each other if the
owner maintains and occupies one (1) of the living quarters as
the owner's residence.
(b) The exemption in subsection (a)(1) applies to only one (1) sale
or rental in a twenty-four (24) month period if the owner was not the
most recent resident of the house at the time of the sale or rental.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-3-2
Sale, rental, or occupancy of property operated or controlled by or
in conjunction with religious organization
Sec. 2. This article 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:
(1) 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; or
(2) giving preference to persons of the same religion, unless
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membership in the religion is restricted because of race, color,
or national origin.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-3-3
Rental or occupancy of lodging by private club not open to the
public
Sec. 3. This article does not prohibit a private club not open to the
public that, as an incident to the club's primary purpose, provides
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.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-3-4
"Housing for older persons" defined; scope of term; criteria for
determinations; inapplicable provisions
Sec. 4. (a) As used in this section, "housing for older persons"
means housing that the commission determines is:
(1) specifically designed and operated to assist elderly persons
under a federal or state program;
(2) intended for and solely occupied by persons at least
sixty-two (62) years of age; or
(3) intended and operated for occupancy by persons at least
fifty-five (55) years of age if the provisions of subsection (c) are
met.
(b) Housing does not fail to meet the requirements for housing for
older persons if:
(1) the unoccupied units are reserved for persons who meet the
age requirements of subsection (a)(2) or (a)(3); or
(2) the occupants who do not meet the age requirements of
subsection (a)(2) or (a)(3) 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 subsection (a)(2) or (a)(3).
(c) To be considered housing for older persons under subsection
(a)(3), a housing facility or community must meet the following
provisions:
(1) 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.
(2) 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.
(3) The housing facility or community complies with rules
adopted by the civil rights commission under IC 4-22-2 for
verification of occupancy that:
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(A) provide for verification by reliable surveys and
affidavits; and
(B) include examples of the types of policies and procedures
relevant to determine compliance with subdivision (2).
(d) The surveys and affidavits used to verify occupancy under
subsection (c)(3)(A) are admissible in an administrative or a judicial
proceeding to verify occupancy.
(e) The provisions of IC 22-9.5-1-2 relating to familial status do
not apply to housing for older persons.
As added by P.L.66-1990, SEC.2. Amended by P.L.111-1992, SEC.6;
P.L.89-2003, SEC.1.
IC 22-9.5-3-5
Factors considered by real property appraisers
Sec. 5. This article 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.
As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993,
SEC.140.
IC 22-9.5-3-6
Local or state restrictions
Sec. 6. (a) 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.
(b) This article does not affect a requirement of nondiscrimination
in any other state or federal law.
As added by P.L.66-1990, SEC.2.
Indiana Code 2015
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