reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-5 - Discriminatory advertisements, statements, and notices

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 22-9.5
Sec. 5.
(a) It shall be unlawful 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 which indicates any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
(b) The prohibition in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards, or documents used with respect to the sale or rental of a dwelling.
(c) Discriminatory notices, statements, and advertisements include, but are not limited to, the following:
(1) Using words, phrases, photographs, illustrations, symbols, or forms which convey that dwellings are available or not available to a particular group of persons because of race, color, religion, sex, handicap, familial status, or national origin.
(2) Expressing to agents, brokers, employees, prospective sellers, renters, or any other person a preference for or limitation on any purchaser or renter because of race, color, religion, sex, handicap, familial status, or national origin.
(3) Selecting media or locations for advertising the sale or rental of a dwelling which denies particular segments of the housing market information about housing opportunities because of race, color, religion, sex, handicap, familial status, or national origin.
(4) Refusing to publish advertising for the sale or rental of a dwelling or requiring a different charge or term for such advertising because of race, color, religion, sex, handicap, familial status, or national origin.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-6 - Discriminatory representations on the availability of dwellings

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 6.
(a) It shall be unlawful to provide inaccurate or untrue information about the availability of a dwelling for sale or rental because of race, color, religion, sex, handicap, familial status, or national origin.
(b) Prohibited actions under this section include, but are not limited to, the following:
(1) Indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented because of race, color, religion, sex, handicap, familial status, or national origin.
(2) Representing that covenants or other deed, trust, or lease provisions which purport to restrict the sale or rental of a dwelling because of race, color, religion, sex, handicap, familial status, or national origin preclude the sale or rental of such dwelling to a person.
(3) Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin.
(4) Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale, or rental because of race, color, religion, sex, handicap, familial status, or national origin.
(5) Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to any person, including testers, regardless of whether such person is actually seeking housing because of race, color, religion, sex, handicap, familial status, or national origin.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-7 - Blockbusting

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 7.
(a) It shall be unlawful, for profit, to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status, or national origin or with a handicap.
(b) In establishing a discriminatory housing practice under this section, it is not necessary that there was in fact profit as long as profit was a factor for engaging in the blockbusting activity.
(c) Prohibited actions under this section include, but are not limited to, the following:
(1) Engaging, for profit, in conduct (including an uninvited solicitation for a listing) which conveys to a person that a neighborhood is undergoing or is about to undergo a change in the race, color, religion, sex, handicap, familial status, or national origin of a person residing in it, in order to encourage a person to offer a dwelling for sale or rental.
(2) Encouraging, for profit, any person to sell or rent a dwelling through an assertion that the entry or prospective entry of a person of a particular race, color, religion, sex, handicap, familial status, or national origin can or will result in undesirable consequences for the project, neighborhood, or community such as any of the following:
(A) Lowering property values.
(B) An increase in criminal or antisocial behavior.
(C) A decline in the quality of schools or other services or facilities.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-8 - Discrimination in the provision of brokerage services

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 8.
(a) It shall be unlawful:
(1) 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
(2) to discriminate against any person in the terms or conditions of such access, membership, or participation; because of race, color, religion, sex, handicap, familial status, or national origin.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-9 - Discrimination in residential real estate related transactions

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC  22-9.5-5-6
Sec. 9.
(a) This section provides ICRC's interpretation of the conduct that is unlawful housing discrimination under IC  22-9.5-5-6.
(b) It shall be unlawful for any person or other entity whose business includes engaging in a residential real estate related transaction 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.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-10 - "Real estate related transaction" defined

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 10.
As used in this rule, "residential real estate related transaction" means the following:
(1) Making or purchasing a loan or providing other financial assistance for:
(A) purchasing, constructing, improving, repairing, or maintaining a dwelling; or
(B) securing residential real estate.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-11 - Discrimination in making a loan and providing other financial assistance

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 11.
(a) It shall be unlawful for any person or entity whose business includes engaging in a residential real estate related transaction to discriminate against any person in making available a loan or other financial assistance for a dwelling, or a loan or other financial assistance which is to be secured by dwelling, because of race, color, religion, sex, handicap, familial status, or national origin.
(b) Prohibited practices under this section include, but are not limited to, the following:
(1) Failing or refusing to provide to any person in connection with a residential real estate related transaction information regarding the availability of loans or other financial assistance, application requirements, procedures, or standards for the review and approval of loans or financial assistance.
(2) Providing information which is inaccurate or different from that provided others because of race, color, religion, sex, handicap, familial status, or national origin.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-12 - Discrimination in purchasing loans

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 12.
(a) It shall be unlawful for any person or entity engaged in purchasing loans or other debts or securities which support the purchase, construction, improvement, repair, or maintenance of a dwelling or which are secured by residential real estate:
(1) to refuse to purchase such loans, debts, or securities; or
(2) to impose different terms or conditions for such purchases; because of race, color, religion, sex, handicap, familial status, or national origin.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-13 - Discrimination in terms and conditions for making available loans or other financial assistance

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 13.
(a) It shall be unlawful for any person or entity engaged in making a loan or other financial assistance relating to the purchase, construction, improvement, repair, or maintenance of a dwelling or which is secured by residential real estate to impose different terms or conditions for the availability of such a loan or other financial assistance because of race, color, religion, sex, handicap, familial status, or national origin.
(b) Unlawful conduct under this section includes, but is not limited to, the following:
(1) Using different policies, practices, or procedures in evaluating or determining creditworthiness of any person in connection with the provision of any loan or other financial assistance for a dwelling or for any loan or other financial assistance which is secured by residential real estate because of race, color, religion, sex, handicap, familial status, or national origin.
(2) Determining the type of loan or other financial assistance to be provided with respect to a dwelling or fixing the amount, interest rate, duration, or other terms for a loan or other financial assistance for a dwelling or which is secured by residential real estate because of race, color, religion, sex, handicap, familial status, or national origin.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-14 - Unlawful practices in selling, brokering, or appraising residential real property

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 14.
(a) It shall be unlawful for any person or other entity whose business includes engaging in selling, brokering, or appraising residential real property to discriminate against any person in making available such services, or in the performance of such services, because of race, color, religion, sex, handicap, familial status, or national origin.
(b) As used in this rule, "appraisal" means an estimate or opinion of the value of specified residential real property made in a business context in connection with the sale, rental, financing, or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate related transaction, whether the appraisal is oral, written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.
(c) Nothing in this rule prohibits a person engaged in the business of making or furnishing appraisals of residential real property from taking into consideration factors other than race, color, religion, sex, handicap, familial status, or national origin.
(d) Practices which are unlawful under this rule include, but are not limited to, using an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling where the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, religion, sex, handicap, familial status, or national origin.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 3 - Handicaps; Prohibition Against Discrimination › Section 3-1 - Purpose

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC  22-9.5-5-5
Sec. 1.
The purpose of this rule is to effectuate IC  22-9.5-5-5.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 3 - Handicaps; Prohibition Against Discrimination › Section 3-2 - Definitions

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 2.
The following definitions apply throughout this rule:
(1) "Accessible", when used with respect to the public and common use areas of a building containing covered multiple-family dwellings, means that the public or common use area of the building can be approached, entered, and used by individuals with physical handicaps. "Readily accessible to and usable by" is synonymous with accessible. A public or common use area that complies with the appropriate requirements of ANSI A117.1 or a comparable standard is accessible within the meaning of this subdivision.
(2) "Accessible route" means a continuous, unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators, and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps, and lifts. A route that complies with the appropriate requirements of ANSI A117.1 or a comparable standard is an accessible route.
(3) "ANSI A117.1" means the 1992 edition of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (ANSI A117.1-1992). Copies may be obtained from American National Standards Institute, Inc., 11 West 42nd Street, New York, New York 10036. Copies may be inspected at the Indiana Civil Rights Commission, Indiana Government Center-North, 100 North Senate Avenue, Room 103, Indianapolis, Indiana 46204.
(4) "Building" means a structure, facility, or portion thereof that contains or serves one (1) or more dwelling units.
(5) "Building entrance on an accessible route" means an accessible entrance to a building that is connected by an accessible route to public transportation stops, accessible parking and passenger loading zones, or public streets or sidewalks, if available. A building entrance that complies with ANSI A117.1 or a comparable standard complies with this subdivision.
(6) "Common use areas" means rooms, spaces, or elements inside or outside a building that are made available for the use of residents of a building or the guests thereof. These areas include the following:
(A) Hallways.
(B) Lounges.
(C) Lobbies.
(D) Laundry rooms.
(E) Refuse rooms.
(F) Mail rooms.
(G) Recreational areas.
(H) Passageways among and between buildings.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 3 - Handicaps; Prohibition Against Discrimination › Section 3-3 - General prohibitions

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 3.
(a) It shall be unlawful 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:
(1) the buyer or renter;
(2) a person residing in or intending to reside in the dwelling after it is so sold, rented, or made available; or
(3) any person associated with the buyer or renter.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 3 - Handicaps; Prohibition Against Discrimination › Section 3-5 - Reasonable accommodations

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 5.
(a) It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.
(b) The application of subsection (a) may be illustrated by the following examples:
(1) A blind applicant for rental housing wants to live in a dwelling unit with a dog guide. The building has a no pets policy. It is a violation of this section for the owner or manager of the apartment complex to refuse to permit the applicant to live in the apartment with a dog guide because, without the dog guide, the blind person will not have an equal opportunity to use and enjoy a dwelling.
(2) Progress Gardens is a three hundred (300) unit apartment complex with four hundred fifty (450) parking spaces which are available to tenants and guests of Progress Gardens on a first come first served basis. John applies for housing in Progress Gardens. John is mobility impaired and unable to walk more than a short distance and therefore requests that a parking space near his unit be reserved for him so he will not have to walk very far to get to his apartment. It is a violation of this section for the owner or manager of Progress Gardens to refuse to make this accommodation. Without a reserved space, John might be unable to live in Progress Gardens at all or, when he has to park in a space far from his unit, might have great difficulty getting from his car to his apartment unit. The accommodation therefore is necessary to afford John an equal opportunity to use and enjoy a dwelling. The accommodation is reasonable because it is feasible and practical under the circumstance.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 3 - Handicaps; Prohibition Against Discrimination › Section 3-6 - Design and construction requirements

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 6.
(a) Covered multiple-family dwellings for first occupancy after March 13, 1991, shall be designed and constructed to have at least one (1) building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this section, a covered multiple-family dwelling shall be deemed to be designed and constructed for the first occupancy on or before March 13, 1991, if:
(1) the dwelling is occupied by March 13, 1991; or
(2) the last building permit or renewal thereof for the covered multiple-family dwelling is issued by a state, county, or local government on or before July 13, 1990.
The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 4 - Housing for Older Persons › Section 4-1 - Purpose

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 1.
The purpose of this rule is to effectuate the exemption in IC 22-9.5 that relates to housing for older persons.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 4 - Housing for Older Persons › Section 4-2 - Exemption

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 2.
(a) The provisions regarding familial status in this rule do not apply to housing which satisfies the requirements of sections 3 through 5 of this rule.
(b) Nothing in this rule limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 4 - Housing for Older Persons › Section 4-3 - State and federal elderly housing programs

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 3.
The provisions regarding familial status in this rule shall not apply to housing provided under any federal or state program that is specifically designed and operated to assist elderly persons as defined in the state and federal program.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 4 - Housing for Older Persons › Section 4-4 - Housing programs; 62 or over

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 4.
(a) The provisions regarding familial status in this rule shall not apply to housing intended for, and solely occupied by, persons sixty-two (62) years of age or older provided that the housing satisfies the requirements of this section even though:
(1) there were persons residing in such housing on September 13, 1988, who were under sixty-two (62) years of age, provided that all new occupants are persons sixty-two (62) years of age or older;
(2) there are unoccupied units, provided that such units are reserved for occupancy by persons sixty-two (62) years of age or over; or
(3) there are units occupied by employees of the housing facility (and family members residing in the same unit) who are under sixty-two (62) years of age provided they perform substantial duties directly related to the management or maintenance of the housing facility.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 4 - Housing for Older Persons › Section 4-6 - Housing for persons who are at least 55 years of age

Current through July 10, 2024
Authority: IC  22-9.5-3-4; IC  22-9.5-4-2; P.L. 89-2003
Affected: IC  22-9.5-1-2
Sec. 6.
(a) The provisions regarding familial status shall not apply to housing intended and operated for persons fifty-five (55) years of age or older. Housing qualifies for this exemption if the alleged violation occurred:
(1) before July 1, 2003, and the housing community or facility complied with the rules of the ICRC in effect at the time of the alleged violation; or
(2) on or after July 1, 2003, and the housing community or facility complies with:
(A) IC  22-9.5-3-4; and
(B) this section and sections 7 through 10 of this rule.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 4 - Housing for Older Persons › Section 4-7 - 80 percent occupancy

Current through July 10, 2024
Authority: IC 22-9.5-3-4; IC 22-9.5-4-2; P.L. 89-2003
Affected: IC 22-9.5-1-2
Sec. 7.
(a) In order for a housing facility or community to qualify as housing for older persons under IC 22-9.5-3-4(a)(3), at least eighty percent (80%) of its occupied units must be occupied by at least one (1) person who is at least fifty-five (55) years of age.
(b) For purposes of this rule, "occupied unit" means:
(1) a dwelling unit that is actually occupied by one (1) or more persons on the date that the exemption is claimed; or
(2) a temporarily vacant unit, if the primary occupant has resided in the unit during the past year and intends to return on a periodic basis.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 4 - Housing for Older Persons › Section 4-8 - Intent to operate as housing designed for persons who are at least 55 years of age

Current through July 10, 2024
Authority: IC  22-9.5-3-4; IC  22-9.5-4-2; P.L. 89-2003
Affected: IC  22-9.5-1-2
Sec. 8.
(a) In order for a housing facility or community to qualify as housing designed for persons who are at least fifty-five (55) years of age, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons who are at least fifty-five (55) years of age. The following factors, among others, are considered relevant in determining whether the housing facility or community has complied with this requirement:
(1) The manner in which the housing facility or community is described to prospective residents.
(2) Any advertising designed to attract prospective residents.
(3) Lease provisions.
(4) Written rules, regulations, covenants, deed, or other restrictions.
(5) The maintenance and consistent application of relevant procedures.
(6) Actual practices of the housing facility or community.
(7) Public posting in common areas of statements describing the facility or community as housing for persons who are at least fifty-five (55) years of age.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 4 - Housing for Older Persons › Section 4-9 - Verification of occupancy

Current through July 10, 2024
Authority: IC  22-9.5-3-4; IC  22-9.5-4-2; P.L. 89-2003
Affected: IC  22-9.5-1-2
Sec. 9.
(a) In order for a housing facility or community to qualify as housing for persons who are at least fifty-five (55) years of age, it must be able to produce, in response to a complaint filed under this article, verification of compliance with section 7 of this rule through reliable surveys and affidavits.
(b) A facility or community shall, within one hundred eighty (180) days of the effective date of this section, develop procedures for routinely determining the occupancy of each unit, including the identification of whether at least one (1) occupant of each unit is at least fifty-five (55) years of age. Such procedures may be part of a normal leasing or purchasing arrangement.
(c) The procedures described in subsection (b) must provide for regular updates, through surveys or other means, of the initial information supplied by the occupants of the housing facility or community. Such updates must take place at least once every two (2) years. A survey may include information regarding whether any units are occupied by persons described in section 7(e)(1), 7(e)(3), and 7(e)(4) of this rule.
(d) Any of the following documents are considered reliable documentation of the age of the occupants of the housing facility or community:
(1) Driver's license.
(2) Birth certificate.
(3) Passport.
(4) Immigration card.
(5) Military identification.
(6) Any other state, local, national, or international official documents containing a birth date of comparable reliability.
(7) A certification in a lease, application, affidavit, or other document signed by any member of the household eighteen (18) years of age or older asserting that at least one (1) person in the unit is at least fifty-five (55) years of age.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 4 - Housing for Older Persons › Section 4-10 - Good faith defense against money damages

Current through July 10, 2024
Authority: IC  22-9.5-3-4; IC  22-9.5-4-2; P.L. 89-2003
Affected: IC  22-9.5-1-2; IC  22-9.5-6-15; IC  22-9.5-7-2; IC  22-9.5-8.1-2
Sec. 10.
(a) A person shall not be held personally liable for monetary damages for discriminating on the basis of familial status if the person acted with the good faith belief that the housing facility or community qualified for a housing for older persons exemption under this rule.
(b) A person claiming the good faith belief defense must have actual knowledge that the housing facility or community has, through an authorized representative, asserted in writing that it qualifies for a housing for older persons exemption.
(c) Before the date on which the discrimination is claimed to have occurred, a community or facility, through its authorized representatives, must certify, in writing and under oath or affirmation, to the person subsequently claiming the defense that it complies with the requirements for such an exemption as housing for persons at least fifty-five (55) years of age in order for such person to claim the defense.
(d) For purposes of this section, "authorized representative", of a housing facility or community, means the individual, committee, management company, owner, or other entity having the responsibility for adherence to the requirements established by this rule.
(e) For purposes of this section, "person" means a natural person.
(f) A person shall not be entitled to the good faith defense if the person has actual knowledge that the housing facility or community does not, or will not, qualify as housing for persons at least fifty-five (55) years of age. Such a person will be ineligible for the good faith defense regardless of whether the person received the written assurance described in subsection (b).
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 5 - Interference; Coercion; Intimidation › Section 5-1 - Prohibitions

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC  22-9.5-5-8
Sec. 1.
(a) This rule provides the ICRC's interpretation of conduct that is unlawful under IC  22-9.5-5-8.
(b) It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this rule.
(c) Conduct made unlawful under this rule includes, but is not limited to, the following:
(1) Coercing a person, orally, in writing, or by other means to deny or limit the benefits provided that person in connection with the sale or rental of a dwelling or in connection with a residential real estate related transaction because of race, color, religion, sex, handicap, familial status, or national origin.
(2) Threatening, intimidating, or interfering with persons in their enjoyment of a dwelling because of the race, color, religion, sex, handicap, familial status, or national origin of such person or of visitors or associates of such persons.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 6 - Complaint Processing › Section 6-1 - Purpose; applicability

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 22-9.5-6
Sec. 1.
(a) This rule contains the procedures established by the ICRC for the investigation and conciliation of a complaint under IC 22-9.5-6.
(b) This rule applies to the following:
(1) A complaint alleging discriminatory housing practices because of race, color, religion, sex, or national origin.
(2) A complaint alleging discriminatory housing practices because of handicap or familial status occurring on or after July 1, 1992.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 6 - Complaint Processing › Section 6-2 - Complaints

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 4-21.5-1; IC 22-9.5-5; IC 22-9.5-7
Sec. 2.
(a) The ICRC shall receive information concerning an alleged discriminatory housing practice from any person. Where the information constitutes a complaint within the meaning of IC 22-9.5 and this section and is furnished by an aggrieved person, it shall be considered to be filed under IC 22-9.5. Where additional information is required for purposes of perfecting a complaint under subsection (f), the ICRC will advise what additional information is needed and will provide appropriate assistance in filing the complaint. The information may also be made available to any other federal or local agency having an interest in the matter. In making available such information, steps will be taken to protect the confidentiality of any informant or complainant where desired by the informant or complainant and where permitted by state law.
(b) Any aggrieved person or the ICRC may file a complaint no later than one (1) year after an alleged discriminatory housing practice has occurred or terminated. The complaint may be filed with the assistance of an authorized representative of an aggrieved person, including any organization acting on behalf of an aggrieved person.
(c) A complaint may be filed against the following:
(1) Any person alleged to be engaged, to have engaged, or to be about to engage in a discriminatory housing practice.
(2) Any person who directs or controls, or has the right to direct or control, the conduct of another person with respect to any aspect of the sale, rental, advertising, or financing of a dwelling or the provision of brokerage services relating to the sale or rental of a dwelling if that other person, acting within the scope of his or her authority as employee or agent of the directing or controlling person, is engaged, has engaged, or is about to engage in a discriminatory housing practice.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 6 - Complaint Processing › Section 6-3 - Referral of complaints to federal and local agencies

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 22-9.5-6-5; IC 22-9.5-7
Sec. 3.
(a) Requirements for notification and referral to substantially equivalent local agencies shall be as follows:
(1) Whenever a complaint alleges a discriminatory housing practice that is within the jurisdiction of a substantially equivalent local agency and the substantially equivalent local agency is certified or may accept interim referrals under 24 CFR 115 with regard to the alleged discriminatory housing practice, the ICRC may notify the substantially equivalent local agency of the filing of the complaint and refer the complaint to the substantially equivalent local agency for further processing before ICRC takes any action with respect to the complaint. The ICRC will notify the substantially equivalent local agency of the referral by certified mail.
(2) The ICRC will notify the aggrieved person and the respondent, by certified mail or personal service, of the notification and referral under subdivision (1). The notice will advise the aggrieved person and the respondent of the aggrieved person's right to commence a civil action under IC 22-9.5-7 in an appropriate state court, no later than one (1) year after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that the computation of this one (1) year period excludes any time during which a proceeding is pending under this rule and 910 IAC 2-7 with respect to complaint or charge based on the alleged discriminatory housing practice.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 6 - Complaint Processing › Section 6-4 - Investigation procedures

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 22-9.5
Sec. 4.
(a) Upon filing a complaint under section 2 of this rule, the ICRC will initiate an investigation. The purposes of an investigation are as follows:
(1) To obtain information concerning the events or transactions that relate to the alleged discriminatory housing practice identified in the complaint.
(2) To document policies or practices of the respondent involved in the alleged discriminatory housing practice raised in the complaint.
(3) To develop factual data necessary for the director to make a determination under section 6(a) of this rule whether reasonable cause exists to believe that a discriminatory housing practice has occurred, or is about to occur, and to take other actions provided under this section.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 6 - Complaint Processing › Section 6-5 - Conciliation

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 4-21.5-6; IC 22-9.5
Sec. 5.
(a) During the period beginning with filing the complaint and ending with filing a charge or dismissal of the complaint, the ICRC will, to the extent feasible, attempt to conciliate the complaint.
(b) In conciliating a complaint, ICRC will attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person and take such action as will assure the elimination of discriminatory housing practices, or the prevention of their occurrence, in the future.
(c) Generally, officers, employees, and agents of the ICRC engaged in the investigation of a complaint under this rule will not participate or advise in the conciliation of the same complaint or in any factually related complaint. Where the rights of the aggrieved party and the respondent can be protected and the prohibitions with respect to the disclosure of information can be observed, the investigator may suspend fact-finding and engage in efforts to resolve the complaint by conciliation.
(d) The terms of a settlement of a complaint will be reduced to a written conciliation agreement. The conciliation agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest. The types of relief that may be sought for the aggrieved person are described in subsection (f). The provisions that may be sought for the vindication of the public interest are described in subsection (g).
(e) The agreement must be executed by the respondent and complainant. The agreement is subject to approval by the ICRC who will indicate approval by signing the agreement. The ICRC will approve an agreement and, if the ICRC is the complainant, will execute the agreement only if:
(1) the complainant and the respondent agree to the relief accorded the aggrieved person;
(2) the provisions of the agreement will adequately vindicate the public interest; and
(3) all aggrieved persons named in the complaint are satisfied with the relief provided to protect their interests if the ICRC is the complainant.
The director may issue a charge under section 6(g) of this rule if the aggrieved person and the respondent have executed a conciliation agreement that has not been approved by the ICRC.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 6 - Complaint Processing › Section 6-6 - Issuance of charge

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 22-9.5-6-12
Sec. 6.
(a) If a conciliation agreement under section 5(d) and 5(e) of this rule has not been executed by the complainant and the respondent, and approved by the ICRC, the director, within the time limits set forth in section 4(f) of this rule, shall determine whether, based on the totality of the factual circumstances known at the time of the decision, reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. The reasonable cause determination shall be based solely on the facts concerning the alleged discriminatory housing practice provided by the complainant and respondent and otherwise disclosed during the investigation. In making the reasonable cause determination, the director shall consider whether the facts concerning the alleged discriminatory housing practices are sufficient to warrant the initiation of a civil action in state court.
(b) If the director determines that reasonable cause exists, the director shall immediately issue a charge under subsection (g) on behalf of the aggrieved person and shall notify the aggrieved person and the respondent of this determination by certified mail or personal service.
(c) If the director determines that no reasonable cause exists, the director shall do the following:
(1) Issue a short and plain written statement of the facts upon which the director has based the no reasonable cause determination.
(2) Dismiss the complaint.
(3) Notify the aggrieved person and the respondent of the dismissal (including the written statement of facts) by certified mail or personal service.
The fact of the dismissal, including the names of the parties, shall be public information available upon request.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 6 - Complaint Processing › Section 6-7 - Judicial action

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 22-9.5-4-7; IC 22-9.5-8.1-1
Sec. 7.
(a) If, at any time following the filing of a complaint, the director concludes that prompt judicial action is necessary to carry out the purposes of this rule or 910 IAC 2-7, the director may commence a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. The commencement of a civil action under this section shall not affect the initiation or continuation of proceedings under this rule or administrative proceedings under 910 IAC 2-7.
(b) If the director has reason to believe that a basis exists for the commencement of proceedings against the respondent:
(1) under IC 22-9.5-8.1-1, concerning pattern or practice cases;
(2) under IC  22-9.5-4-7 (b), concerning enforcement of subpoenas; or
(3) proceedings by any governmental licensing or supervisory authorities; the director shall transmit the information upon which that belief is based to the appropriate authorities for enforcement.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 6 - Complaint Processing › Section 6-8 - Other action

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC  22-9.5-6-17; IC  22-9.5-10
Sec. 8.
In addition to the actions described in section 7(a) of this rule, the ICRC may pursue one (1) or more of the following courses of action:
(1) Refer the matter to the appropriate prosecuting attorney for appropriate action, for example, enforcement of criminal penalties under IC  22-9.5-10.
(2) Refer the matter to the appropriate licensing or regulatory agency under IC  22-9.5-6-17.
(3) Inform any other federal, state, or substantially equivalent local agency with an interest in the enforcement of the respondent's obligations with respect to nondiscrimination in housing.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 7 - Administrative Proceedings › Section 7-1 - General information

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 4-21.5-3-2; IC 22-9.5-6-12
Sec. 1.
(a) This rule contains the rules of practice and procedure established by the ICRC for administrative proceedings before an administrative law judge adjudicating the claims asserted in a complaint issued under 910 IAC 2-6, in accordance with IC 4-21.5, where no party, the complainant, the respondent, or an aggrieved party elects to have the claims decided in a civil action under IC 22-9.5-6-12(a).
(b) Hearings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.
(c) The ICRC shall reasonably accommodate persons with disabilities who are participants in the hearing process or interested members of the general public.
(d) IC  4-21.5-3-2  applies to time computations. Except for time periods required by statute, the administrative law judge may enlarge or reduce any time period required under this rule where necessary to avoid prejudicing the public interest or the rights of the parties.
(e) Copies of all filed documents shall be served on all parties of record. All filed documents shall clearly designate the docket number, if any, and title of the proceeding. All documents to be filed shall be delivered or mailed to the Docket Clerk, ICRC, Indiana Government Center-North, 100 North Senate Avenue, Room 103, Indianapolis, Indiana 46204. An original and three (3) copies shall be filed with the docket clerk of the ICRC.
(f) Service of documents upon any party may be made by personal service or by mailing a copy to the last known address. When a party is represented by an attorney, service shall be made upon the attorney. The person serving the document shall certify to the manner and date of service.
(g) The docket clerk shall serve all notices, orders, decisions, and other documents by mail to the last known address.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 7 - Administrative Proceedings › Section 7-2 - Administrative law judge

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 4-21.5-1; IC 22-9.5
Sec. 2.
(a) Proceedings under this rule shall be presided over by an administrative law judge appointed under 910 IAC 1-3-5.
(b) The administrative law judge shall have all powers necessary to conduct a fair and impartial hearing, including, but not limited to, the following:
(1) To conduct hearings in accordance with this rule.
(2) To administer oaths and affirmations and examine witnesses.
(3) To rule on offers of proof and receive evidence.
(4) To take depositions or have depositions taken when the ends of justice would be served.
(5) To regulate the course of the hearing and the conduct of parties and their counsel.
(6) To hold conference for the settlement or simplification of the issues by consent of the parties.
(7) To dispose of motions, procedural requests, and similar matters.
(8) To make initial decisions as described under section 9 of this rule.
(9) To exercise such powers as are necessary and appropriate for the purpose of the hearing and conduct of the proceeding.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 7 - Administrative Proceedings › Section 7-3 - Parties

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 4-21.5-3-15; IC 22-9.5
Sec. 3.
(a) Parties to the proceeding include the following:
(1) The director. The director files the charge under 910 IAC 2-6-6(g)  seeking appropriate relief for an aggrieved party and vindication of the public interest.
(2) Respondent. A respondent is a person named in the charge issued under 910 IAC 2-6-6(g)  against whom relief is sought.
(3) Intervenors. Any aggrieved person may file a request for intervention under section 4(g) of this rule. Intervention shall be permitted if the request is timely and:
(A) the intervenor is the aggrieved person on whose behalf the charge is issued; or
(B) the intervenor is an aggrieved person who claims an interest in the property or transaction that is the subject of the charge and the disposition of the charge may as a practical matter impair or impede the aggrieved person's ability to protect that interest, unless the aggrieved person is adequately represented by the existing parties.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 7 - Administrative Proceedings › Section 7-4 - Pleadings and motions

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 4-21.5-3-21; IC 22-9.5-6-12
Sec. 4.
(a) Every pleading, motion, brief, of
[sic., or]
other document shall contain the following:
(1) A caption setting forth the title of the proceeding.
(2) The docket number assigned.
(3) The designation of the type of document, for example, charge or answer to motion of dismissal.