2015 Indiana Code TITLE 22. LABOR AND SAFETY ARTICLE 9.5. INDIANA FAIR HOUSING CHAPTER 6. ADMINISTRATIVE ENFORCEMENT
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IC 22-9.5-6
Chapter 6. Administrative Enforcement
IC 22-9.5-6-1
Investigation of alleged discriminatory practices; complaints;
requirements; time limitations; procedures
Sec. 1. (a) The commission shall investigate alleged
discriminatory housing practices.
(b) A complaint concerning an alleged discriminatory housing
practice must be:
(1) in writing;
(2) under oath; and
(3) in the form prescribed by the commission.
(c) An aggrieved person may, not later than one (1) year after an
alleged discriminatory housing practice has occurred or terminated,
whichever is later, file a complaint with the commission alleging the
discriminatory housing practice.
(d) Not later than one (1) year after an alleged discriminatory
housing practice has occurred or terminated, whichever is later, the
commission may file the commission's own complaint.
(e) A complaint under this section may be amended at any time.
(f) When a complaint is filed under this section, the commission
shall do the following:
(1) Give the aggrieved person notice that the complaint has been
received.
(2) Advise the aggrieved person of the time limits and choice of
forums under this article.
(3) Not later than twenty (20) days after the filing of the
complaint or the identification of an additional respondent under
section 4 of this chapter, serve on each respondent:
(A) a notice identifying the alleged discriminatory housing
practice and advising the respondent of the procedural rights
and obligations of a respondent under this article; and
(B) a copy of the original complaint.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-2
Answer; time limitation; requirements
Sec. 2. (a) Not later than ten (10) days after receipt of the notice
and copy under section 1(f)(3) of this chapter, a respondent may file
an answer to the complaint.
(b) An answer must be:
(1) in writing;
(2) under oath; and
(3) in the form prescribed by the commission.
(c) An answer may be amended at any time.
(d) An answer does not inhibit the investigation of a complaint.
As added by P.L.66-1990, SEC.2.
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IC 22-9.5-6-3
Complaints referred and subject matter jurisdiction deferred by
federal government; investigation by commission; time limitations
Sec. 3. (a) If the federal government has referred a complaint to
the commission or has deferred jurisdiction over the subject matter
of the complaint to the commission, the commission shall promptly
investigate the allegations set forth in the complaint.
(b) The commission shall investigate all complaints, and except as
provided by subsection (c), shall complete an investigation not later
than one hundred (100) days after the date the complaint is filed, or
if the commission is unable to complete the investigation within the
one hundred (100) day period, shall dispose of all administrative
proceedings related to the investigation not later than one (1) year
after the date the complaint is filed.
(c) If the commission is unable to complete an investigation within
the time periods prescribed by subsection (b), the commission shall
notify the complainant and the respondent in writing of the reasons
for the delay.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-4
Respondents joined by commission; notice; information required
Sec. 4. (a) The commission may join a person not named in the
complaint as an additional or substitute respondent if in the course of
the investigation the commission determines that the person should
be accused of a discriminatory housing practice.
(b) In addition to the information required in the notice under
section 1(f)(3) of this chapter, the commission shall include in a
notice to a respondent joined under this section an explanation of the
basis for the determination that the person is properly joined as a
respondent.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-5
Conciliation; provisions of agreement; disclosure; use of
information as evidence; parties' access to information
Sec. 5. (a) The commission shall, during the period beginning with
the filing of a complaint and ending with the filing of a charge or a
dismissal by the commission, to the extent feasible, engage in
conciliation with respect to the complaint.
(b) A conciliation agreement is an agreement between a
respondent and the complainant and is subject to commission
approval.
(c) A conciliation agreement may provide for binding arbitration
or other methods of dispute resolution. Dispute resolution that results
from a conciliation agreement may authorize appropriate relief,
including monetary relief.
(d) A conciliation agreement shall be made public unless the
complainant and respondent agree otherwise and the commission
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determines that disclosure is not necessary to further the purposes of
this article.
(e) Nothing said or done in the course of conciliation may be made
public or used as evidence in a subsequent proceeding under this
article without the written consent of the persons concerned.
(f) After completion of the commission's investigation, the
commission shall make available to the aggrieved person and the
respondent, at any time, information derived from the investigation
and the final investigation report relating to that investigation.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-6
Civil action filed by commission; injunction; effect on
administrative proceedings
Sec. 6. (a) If the commission concludes at any time following the
filing of a complaint that prompt judicial action is necessary to carry
out the purposes of this article, the commission may file a civil action
for appropriate temporary or preliminary relief pending final
disposition of the complaint in a circuit or superior court that is
located in the county in which the alleged discriminatory housing
practice occurred.
(b) A temporary restraining order or other order granting
preliminary or temporary relief under this section is governed by the
Indiana Rules of Trial Procedure.
(c) The filing of a civil action under this section does not affect the
initiation or continuation of administrative proceedings under section
14 of this chapter.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-7
Final investigative report; contents; amendments
Sec. 7. (a) The commission shall prepare a final investigative
report showing the following:
(1) The names and dates of contacts with witnesses.
(2) A summary of correspondence and other contacts with the
aggrieved person and the respondent showing the dates of the
correspondence and contacts.
(3) A summary description of other pertinent records.
(4) A summary of witness statements.
(5) Answers to interrogatories.
(b) A final report under this section may be amended if additional
evidence is discovered.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-8
Reasonable cause; determination; time limitation; delay
notification; issuance of finding
Sec. 8. (a) The commission shall determine based on the facts
whether reasonable cause exists to believe that a discriminatory
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housing practice has occurred or is about to occur.
(b) The commission shall make the determination under
subsection (a) not later than one hundred (100) days after the date a
complaint is filed unless:
(1) it is impracticable to make the determination; or
(2) the commission has approved a conciliation agreement
relating to the complaint.
(c) If it is impracticable to make the determination within the time
period provided by subsection (b), the commission shall notify the
complainant and respondent in writing of the reasons for the delay.
(d) If the commission determines that reasonable cause exists to
believe that a discriminatory housing practice has occurred or is
about to occur, the commission shall immediately issue a finding of
reasonable cause on behalf of the aggrieved person.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-9
Finding of reasonable cause; requirements; copies of finding sent
to parties; time limitation
Sec. 9. (a) A finding of reasonable cause issued under section 8 of
this chapter:
(1) must consist of a short and plain statement of the facts on
which the commission has found reasonable cause to believe
that a discriminatory housing practice has occurred or is about
to occur;
(2) must be based on the final investigative report; and
(3) need not be limited to the facts or grounds alleged in the
complaint.
(b) Not later than twenty (20) days after the commission issues a
finding of reasonable cause, the commission shall send a copy of the
finding of reasonable cause with information concerning the election
under section 12 of this chapter to the following:
(1) Each respondent, together with a notice of the opportunity
for a hearing provided by section 14 of this chapter.
(2) Each aggrieved person on whose behalf the complaint was
filed.
As added by P.L.66-1990, SEC.2. Amended by P.L.1-1991, SEC.153.
IC 22-9.5-6-10
Dismissal of complaint; public disclosure
Sec. 10. (a) If the commission determines that no reasonable cause
exists to believe that a discriminatory housing practice has occurred
or is about to occur, the commission shall promptly dismiss the
complaint.
(b) The commission shall make public disclosure of each dismissal
under this section.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-11
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Civil action commenced by aggrieved party; issuance of finding of
reasonable cause restricted
Sec. 11. The commission may not issue a finding of reasonable
cause under this chapter regarding an alleged discriminatory housing
practice after the beginning of the trial of a civil action commenced
by the aggrieved party under federal or state law seeking relief with
respect to that discriminatory housing practice.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-12
Election to have claims decided in civil action; time limitation;
notice
Sec. 12. (a) A complainant, a respondent, or an aggrieved person
on whose behalf the complaint was filed may elect to have the claims
asserted in a finding of reasonable cause decided in a civil action as
provided by section 13 of this chapter.
(b) The election must be made not later than twenty (20) days after
the date of receipt by the electing person of service under section
(9)(b) of this chapter or, in the case of the commission, not later than
twenty (20) days after the date the finding of reasonable cause was
issued.
(c) The person making the election shall give notice to the
commission and to all other complainants and respondents to whom
the finding of reasonable cause relates.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-13
Timely election; filing of civil action by commission; time
limitation; intervention in action by aggrieved person; relief
Sec. 13. (a) If a timely election is made under section 13 of this
chapter, the commission shall, not later than thirty (30) days after the
election is made, file a civil action on behalf of the aggrieved person
seeking relief under this section in a circuit or superior court that is
located in the county in which the alleged discriminatory housing
practice occurred.
(b) An aggrieved person may intervene in the action.
(c) If the court finds that a discriminatory housing practice has
occurred or is about to occur, the court may grant as relief any relief
that a court may grant in a civil action under IC 22-9.5-7.
(d) If monetary relief is sought for the benefit of an aggrieved
person who does not intervene in the civil action, the court may not
award the monetary relief if that aggrieved person has not complied
with discovery orders entered by the court.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-14
Hearings; procedure; discontinuance
Sec. 14. (a) If a timely election is not made under section 12 of
this chapter, the commission shall provide for a hearing on the
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finding of reasonable cause.
(b) Except as provided by subsection (c), IC 4-21.5 governs a
hearing under this section.
(c) A hearing under this section may not continue regarding any
alleged discriminatory housing practice after the beginning of the
trial of a civil action commenced by the aggrieved person under
federal or state law seeking relief with respect to that discriminatory
housing practice.
(d) IC 22-9.5-11 governs an appeal of a final order issued under
this article.
As added by P.L.66-1990, SEC.2. Amended by P.L.14-1994, SEC.8.
IC 22-9.5-6-15
Determination at hearing that respondent has or is about to engage
in discriminatory practice; relief; civil penalties; previous violation
Sec. 15. (a) If the commission determines at a hearing under
section 14 of this chapter that a respondent has engaged in or is about
to engage in a discriminatory housing practice, the commission may
order the appropriate relief, including actual damages, reasonable
attorney's fees, court costs, and other injunctive or equitable relief.
(b) To vindicate the public interest, the commission may assess a
civil penalty against the respondent in an amount that does not
exceed the following:
(1) Ten thousand dollars ($10,000) if the respondent has not
been adjudged by order of the commission or a court to have
committed a prior discriminatory housing practice.
(2) Except as provided by subsection (c), twenty-five thousand
dollars ($25,000) if the respondent has been adjudged by order
of the commission or a court to have committed one (1) other
discriminatory housing practice during the five (5) year period
ending on the date of the filing of the finding of reasonable
cause.
(3) Except as provided by subsection (c), fifty thousand dollars
($50,000) if the respondent has been adjudged by order of the
commission or a court to have committed two (2) or more
discriminatory housing practices during the seven (7) year
period ending on the date of the filing of the finding of
reasonable cause.
(c) If the acts constituting the discriminatory housing practice that
is the object of the finding of reasonable cause are committed by the
same individual who has been previously adjudged to have
committed acts constituting a discriminatory housing practice, the
civil penalties in subsection (b)(2) and (b)(3) may be imposed
without regard to the period of time within which any other
discriminatory housing practice occurred.
(d) The commission may sue to recover a civil penalty due under
this section.
As added by P.L.66-1990, SEC.2.
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IC 22-9.5-6-16
Effect of order on prior transactions
Sec. 16. A commission order under section 15 of this chapter does
not affect a contract, a sale, an encumbrance, or a lease that:
(1) was consummated before the commission issued the order;
and
(2) involved a bona fide purchaser, an encumbrancer, or a tenant
who did not have actual notice of the finding of reasonable
cause filed under this article.
As added by P.L.66-1990, SEC.2. Amended by P.L.1-1991, SEC.154.
IC 22-9.5-6-17
Discriminatory practice in course of business subject to licensing
or regulation by governmental agency; copies of findings and order
to agency; recommendation of discipline
Sec. 17. If the commission issues an order with respect to a
discriminatory housing practice that occurred in the course of a
business subject to licensing or regulation by a governmental agency,
the commission shall, not later than thirty (30) days after the date of
the issuance of the order:
(1) send copies of the findings and the order to the
governmental agency; and
(2) recommend to the governmental agency appropriate
disciplinary action.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-18
Previous violation by respondent in preceding five years; copy of
orders to attorney general
Sec. 18. If the commission issues an order against a respondent
against whom another order was issued within the preceding five (5)
years under section 15 of this chapter, the commission shall send a
copy of each order issued under that section to the attorney general.
As added by P.L.66-1990, SEC.2.
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