2015 Indiana Code
TITLE 22. LABOR AND SAFETY
ARTICLE 9.5. INDIANA FAIR HOUSING
CHAPTER 5. DISCRIMINATION PROHIBITED


Download as PDF IC 22-9.5-5 Chapter 5. Discrimination Prohibited IC 22-9.5-5-1 Types of discrimination relating to sale or rental; conviction of illegal manufacture or distribution of controlled substance excepted Sec. 1. (a) A person may not refuse to sell or to rent after the making of a bona fide offer, 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, disability, or national origin. (b) A person may not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling, because of race, color, religion, sex, familial status, disability, or national origin. (c) This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance. As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993, SEC.141. IC 22-9.5-5-2 Publication of notice or advertisement indicating intent to discriminate Sec. 2. 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. As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993, SEC.142. IC 22-9.5-5-3 Inspection for sale; representation as to availability Sec. 3. 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. As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993, SEC.143. IC 22-9.5-5-4 Inducement, for profit, to sell or rent by representation of entry into neighborhood of certain persons Sec. 4. A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the Indiana Code 2015 entry or prospective entry into a neighborhood of a person of a particular 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.144. IC 22-9.5-5-5 Discrimination based upon disability; scope of term; definitions; compliance with safety rules Sec. 5. (a) 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: (1) the buyer or renter; (2) a person residing in or intending to reside in the dwelling after the dwelling is sold, rented, or made available; or (3) any person associated with the buyer or renter. (b) 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: (1) the person; (2) a person residing in or intending to reside in the dwelling after the dwelling is sold, rented, or made available; or (3) any person associated with the person. (c) For purposes of this section only, discrimination includes the following: (1) 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. (2) 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. (3) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that: (A) the public use and common use parts of the dwellings are readily accessible to and usable by persons with disabilities; (B) 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 (C) all premises within the dwellings contain the following features of adaptive design: (i) An accessible route into and through the dwelling. (ii) Light switches, electrical outlets, thermostats, and other Indiana Code 2015 environmental controls in accessible locations. (iii) Reinforcements in bathroom walls to allow later installation of grab bars. (iv) Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space. (d) As used in subsection (c), "covered multifamily dwellings" means: (1) buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and (2) ground floor units in other buildings consisting of four (4) or more units. (e) 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 (ANSI A117.1) satisfies the requirements of subsection (c)(3)(C). (f) 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. As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993, SEC.145. IC 22-9.5-5-6 "Residential real estate related transaction" defined; discrimination prohibited Sec. 6. (a) As used in this section, "residential real estate related transaction" means the following: (1) Making or purchasing loans or providing other financial assistance: (A) to purchase, construct, improve, repair, or maintain a dwelling; or (B) to secure residential real estate. (2) Selling, brokering, or appraising residential real property. (b) A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of 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.146. IC 22-9.5-5-7 Services, organizations, and facilities relating to the business of selling or renting dwellings; discrimination prohibited Sec. 7. 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 Indiana Code 2015 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. As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993, SEC.147. IC 22-9.5-5-8 Intimidation or interference with exercise of another's rights Sec. 8. A person may not coerce, intimidate, threaten, or interfere with any other person: (1) in the exercise or enjoyment of any right granted or protected by this chapter; or (2) 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. As added by P.L.66-1990, SEC.2. Indiana Code 2015

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