AUBURN - FAIR HOUSING STANDARDS

     

     

    CHAPTER 97: FAIR HOUSING STANDARDS

     

    Section

     

      97.01 Policy statement

      97.02 Definitions

      97.03 Unlawful practice

      97.04 Discrimination in the sale or rental of housing

      97.05 Discrimination in residential real estate-related  transactions

      97.06 Discrimination in the provision of brokerage services

      97.07 Interference, coercion or intimidation

      97.08 Prevention of intimidation in fair housing cases

      97.09 Exemptions

      97.10 Administrative enforcement of chapter

     

    97.01 POLICY STATEMENT

    It shall be the policy of the city to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968, as amended, the federal Housing and Community Development Act of 1974, as amended, and IC 22-9.5-1 et. seq.

    (Ord. 93-09, passed 4-20-93)

     

    97.02 DEFINITIONS

    The definitions set forth in this section shall apply throughout this chapter:

    "DWELLING"

    Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one or more families (IC 22-9.5-2-8).

    "FAMILY"

    Includes a single individual as defined in IC 22-9.5-2-9.

    "PERSON"

    Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, non-incorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries. (IC 22-9.5-2-11)

    "TO RENT"

    Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy the premises owned by the occupant. (I.C. 22-9.5-2-13)

    "DISCRIMINATORY HOUSING PRACTICE"

    An act that is unlawful under 97.04 through 97.08 of this chapter or IC 22-9.5-5.

     

     

    "DISABLED"

       1)  With respect to a person:

         a)  A physical or mental impairment that substantially limits one or more of the      person's major life activities;

         b)  A record of having an impairment described in division (1) of this            definition; or

         c)  Being regarded as having an impairment described in division (1) of this        definition.

       2)  The term does not include current illegal use of or addiction to a controlled      substance (as defined in Section 102 of the Controlled Substances Act (21      U.S.C. 802)

       3)  The term does not include an individual solely because that individual is a        transvestite. (IC 22-9.5-2-10)

     

     "AGGRIEVED PERSON"

     Any person who:

       1)  Claims to have been injured by a discriminatory housing practice; or

       2)  Believes that such person will be injured by a discriminatory housing practice      that is about to occur. (IC 22-9.5-2-2)

     

     "FAMILIAL STATUS"

     One or more individuals (who have not attained the age of 18 years) being domiciled with a parent or another person having legal custody of such individual or the written permission of such parent or other person. The protections afforded against discrimination on this basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

     

     "COMMISSION"

     The Civil Rights Commission or to a local agency designated by an ordinance adopted under IC 22-9.5-4-1. (IC 22-9.5-2-3)

     

     "COMPLAINANT"

     A person, including the Commission, who files a complaint under IC 22-9.5-6. (IC 22-9.5-2-4)

     (Ord. 93-09, passed 4-20-93)

     

    97.03 UNLAWFUL PRACTICE

    Subject to the provisions of division (B) of this section, 97.09 of this chapter and IC 22-9.5-3, the prohibitions against discrimination in the sale or rental of housing set forth IC 22-9.5-5-1 and in 97.04 of this chapter shall apply to:

     A)  All dwellings except as exempted by division (B) and IC 22-9.5-3.

     

     

     B)  Other than the provisions of division (C) of this section, nothing in 97.04 shall  apply to:

       1)  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 who      was not the most recent resident of such house prior to the sale, the          exemption shall apply only to one such sale within any 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          excepted from application of this section only if such house is sold or rented:

         a)  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

         b)  Without the publication, posting or mailing, after notice of advertisement or      written notice in violation of 97.04(C) of this chapter, but nothing in this          provison 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

       2)  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.

     C)  For the purposes of division (C), a person shall be deemed to be in the business  of selling or renting dwellings if:

       1)  He has, within the preceding 12 months, participated as principal in three or      more transactions involving the sale or rental of any dwelling or any interest      therein;

       2)  He has, within the preceding 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

       3)  He is the owner of any dwelling unit designed or intended for occupancy by,      or occupied by, five or more families.

       (Ord. 93-09, passed 4-20-93)

     

     

    97.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING

    As made applicable by 97.03 and except as exempted by 97.03(B) and 97.09, it shall be unlawful:

     

     

       

     A)  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, familial status      or national origin.

     B)  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  therewith, because of race, color, religion, sex, familial status or national origin.

     C)  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.

     D)  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.

     E)  For profit, to induce or attempt to induce 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.

     F)  1)  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:

         a)  That buyer or renter;

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

         c)  Any person associated with that person.

       2)  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 handicap of:

         a)  That person;

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

         c)  Any person associated with that person.

       3)  For purposes of this subdivision, discrimination includes:

         a)  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 modification, reasonable wear and        tear excepted;

     

         

     

     

         b)  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

         (c)  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, 1988, a failure to design and construct those dwellings in        such a manner that:

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

           2)  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

           3)  All premises within such dwellings contain the following features of            adaptive design:

             a)  An accessible route into and through the dwelling;

             b)  Light, switches, electrical outlets, thermostats, and other                  environmental controls in accessible locations;

             c)  Reinforcements in bathroom walls to allow later installation of grab            bars; and

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

       4)  Compliance with the appropriate requirements Americans With Disabilities      Act of 1990 and of the American National Standard for buildings and facilities      providing accessibility and usability for physically handicapped people          (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of        division (3)(c)3.

       5)  Nothing in this subdivision 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 of whose tenancy would result in substantial          physical damage to the property of others.

       (Ord. 93-09, passed 4-20-93)

     

    97.05 DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TANSACTIONS

     A)  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.

     B)  As used in this section, the term "RESIDENTIAL REAL ESTATE-RELATED  TRANSACTION" means any of the following:

       1)  The making or purchasing of loans or providing other financial assistance:

         a)  For purchasing, constructing, improving, repairing, or maintaining a            dwelling; or

         

     

         b)  Secured by residential real estate.

       2)  The selling, brokering, or appraising of residential real property.

     C)  Nothing in this chapter prohibits a person engaged in the business of furnishing  appraisals of real property to take into consideration factors other than race,  color, religion, national origin, sex, handicap, or familial status.

     (Ord. 93-09, passed 4-20-93)

     

     

    97.06 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES

    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.

    (Ord. 93-09, passed 4-20-93)

     

     

    97.07 INTERFERENCE, COERCION, OR INTIMIDATION

    It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by 97.03 through 97.06 of this chapter.

    (Ord. 93-09, passed 4-20-93)

     

     

    97.08 PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES

    Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with:

     A)  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

     B)  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:

       1)  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 15(a); or

       2)  Affording another person or class of persons opportunity or protection so to      participate; or

     

     

     

     C)  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 division (A), or participating lawfully in speech or peaceful  assembly opposing any denial of the opportunity to participate is subject to the  following penalties under Indiana law:

       1)  A fine of not more than $1,000 or imprisonment for not more than one year, or    both;

       2)  A fine of not more than $10,000 or imprisonment for not more than ten years,      or both, if bodily injury results from the violation; and

       3)  Imprisonment for any term of years or for life if death results from the          violation.

       (Ord. 93-09, passed 4-20-93)

     

     

    97.09 EXEMPTIONS

     A)  Exemptions defined or set forth under IC 22-9.5-3 et seq. shall be exempt from  the provisions of this chapter to include those activities or organizations set forth  under divisions (B) and (C) of this section.

     B)  Nothing in this chapter shall prohibit a religious organization, association, or  society, or any nonprofit institution or organization operated, supervised or  controlled by or in conjunction with a religious organization, association, or  society, from limiting the sale, rental or occupancy of dwellings which it owns or  operates for other than a commercial purpose to persons of the same religion, or  from giving preference to such persons, unless membership in such religion is  restricted on account of race, color or national origin. Nor, shall anything in this  chapter prohibit a private club not in fact open to the public, which as an incident  to its primary purpose or purposes provides lodgings which it owns or operates  for other than a commercial purpose, from limiting the rental or occupancy of  such lodgings to its members or from giving preference to its members.

     C)  1)  Nothing in this chapter regarding familial status shall apply with respect to        housing for older persons.

       2)  As used in this section, "HOUSING FOR OLDER PERSONS" means housing:

         a)  Provided under any state of federal program that the Secretary of the          Federal Department of Housing and Urban Development or the state civil        rights commission determines is specifically designed and operated to          assist elderly persons (as defined in the state or federal program); or

         b)  Intended for, and solely occupied by, persons 62 years of age or older; or

         c)  Intended and operated for occupancy by at least one person 55 years of        age or older per unit.

       (Ord. 93-09, passed 4-20-93)

     

       

    97.10 ADMINISTRATIVE ENFORCEMENT OF CHAPTER

     A)  The authority and responsibility for properly administering this chapter and  referral of complaints hereunder to the Commission as set forth in division (B)  hereof shall be vested in the Building Administrator of the city.

     B)  Notwithstanding the provisions of IC 22-9.5-4-8, the city because of a lack of  financial and other resources necessary to fully administer enforcement  proceedings and possible civil actions under this chapter, herein elects to refer all  formal complaints of violation of the sections of this chapter by Complainants to  the Indiana Civil Rights Commission ("Commission") for administrative  enforcement actions pursuant to IC 22-9.5-6 and the Building Administrator of the  city shall refer all said complaints to the Commission as provided for under  division (A) of this section to said Commission for purposes of investigation,  resolution and appropriate relief as provided for under IC 22-9.5-6.

     C)  All executive departments and agencies of the city shall administer their  departments, programs and activities relating to housing and urban development  in a manner affirmatively to further the purposes of this chapter and shall  cooperate with the Building Administrator and the Commission to further such  purposes.

     D)  The Building Administrator of the city or the Building Administrator's designee,  shall provide information on remedies available to any aggrieved person or  complainant requesting such information.

     (Ord. 93-09, passed 4-20-93)

     

     

     

     

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