HomeMy Public PortalAbout072-2013 - Amendment to Richmond City Code 32.51AMENDED ORDINANCE NO. 72-2013
A GENERAL ORDINANCE DEFINING AND ENFORCING
FAIR HOUSING PRACTICES FOR THE CITY OF RICHMOND
AND AMENDING RICHMOND CITY CODE CHAPTER 32.51
WHEREAS, On June 5, 1995, the City of Richmond Common Council previously approved and
passed Ordinance Number 28-1995 in connection with Fair Housing Practices in the
City of Richmond, Indiana, codified at Section 32.51 in the Richmond City Code;
and
WHEREAS, In accordance with the Civil Rights Act of 1968, as amended, the Housing and
Community Development Act of 1974, as amended, and Indiana Code 22-9.5-1 et
seq., certain provisions are necessary and appropriate to prevent discrimination in the
area of housing because of race, color, religion, sex, handicap, familial status or
national origin; and
WHEREAS, It is in the best interest of the City of Richmond, Indiana that the provisions necessary
and appropriate to prevent discrimination in the area of housing be incorporated into
Section 51 of Chapter 32 of the Richmond City Code and that said Chapter and
Section be amended accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF RICHMOND, INDIANA, that Richmond City Code Chapter 32.51 shall be amended as follows:
32.51 FAIR HOUSING PRACTICES
32.5101 POLICY STATEMENT
It shall be the policy of the City of Richmond 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 Indiana
Code 22-9.5-1 et. seq. as amended.
32.5102. DEFINITIONS
The definitions set forth in this Section shall apply throughout Sections 32.5103 through
32.5113:
(a) "Dwelling" means 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 (1) 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 (1) or more families (I.C. 22-
9.5-2-8).
(b) "Family" includes a single individual (I.C. 22-9.5-2-9), with the status of such family
being further defined in subsection (h) of this Section.
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(c) "Person" (I.C. 22-9.5-2-11), includes one (1) 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.
(d) "To Rent" (I.C. 22-9.5-2-13), includes to lease, to sublease, to let and otherwise to
grant for a consideration the rights to occupy the premises not owned by the occupant.
(e) "Discriminatory Housing Practice" means an act that is unlawful under Sections
32.5104 through 32.5108 of this Ordinance or I.C. 22-9.5-5.
(f) 'Handicap' means, with respect to a person:
(1) a physical or mental impairment which substantially limits one (1) or more of
such person's major life activities,
(2) a record of having such an impairment
(3) being regarded as having such an impairment,
(4) an impairment described or defined pursuant to the federal Americans with
Disabilities Act of 1990.
The term 'Handicap' shall not include current illegal use of or addictions to a controlled
substance as defined in Section 802 of Title 21 of the United States Code; nor does the
term 'Handicap' include an individual solely because that individual is a transvestite.
(g) An Aggrieved Person includes any person who (I.C. 22-9.5-2-2):
(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.
(h) "Familial Status" means one (1) or more individuals who have not attained the age of
eighteen (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 the 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 eighteen (18) years.
(i) "Commission" (I.C. 22-9.5-2-3) means the Indiana Civil Rights Commission created
pursuant to I.C. 22-9-1-4, et seq.
0) Complainant (I.C. 22-9.5-2-4) means a person, including the Commission, who files a
complaint under I.C. 22-9.5-6.
32.5103 UNLAWFUL PRACTICE:
Subject to the provisions of subsection (b) of this Section, Section 32.5109 of this Ordinance,
and Title 22-9.5-3 of Indiana Code, the prohibitions against discrimination in the sale or rental of
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housing set forth in section 32.5104 of this Ordinance and Title 22-9.5-5-1 of Indiana Code shall
apply to:
(a) All dwellings except as exempted by subsection (b) and Title 22-9.5-3 of Indiana
Code.
(b) Other than the provisions of subsection (c) of this Section, nothing in Section
32.5104 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 (3) 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 the exemption shall apply only to one (1)
such sale within any twenty-four (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 (3) such
single-family houses at any one time. The sale or rental of any such single family
house shall be exempted 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 salesperson, or any person in the business
of selling or renting dwellings, or of any employee or agent of any such
broker, agent or salesperson, or person; and
b. without the publication, posting or mailing, after notice of advertisement or
written notice in violation of Section 32.5104(c) of this Ordinance, but
nothing in this provision 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 (4) 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 subsection (b), a person shall be deemed to be in the business
of selling or renting dwellings if:
(1) They have, within the preceding twelve (12) months, participated as principal in
three (3) or more transactions involving the sale or rental of any dwelling or any
interest therein, or
(2) They have, within the preceding twelve (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 (2) or more transactions involving the sale or rental of any
dwelling or any interest therein, or
(3) They are the owner of any dwelling unit designed or intended for occupancy by,
or occupied by, five (5) or more families.
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32.5104 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING
As made applicable by Section 32.5103 and except as exempted by Section 32.5103 (b) and
32.5109, 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, handicap, 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 of facilities in connection therewith,
because of race, color, religion, sex, handicap, 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) 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) that buyer or renter;
(2) a person residing in or intending to reside in that dwelling after it is so sold,
rented, or made available; or
(3) any person associated with that person.
(g) 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:
(1) that person; or
(2) a person residing in or intending to reside in that dwelling after it is so sold,
rented, or made available; or
(3) any person associated with that person.
(h) For purposes of this subsection, discrimination includes:
(1) 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
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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
modifications, reasonable wear and tear excepted;
(2) 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
(3) (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,
1998, a failure to design and construct those dwellings in such a manner that;
(A) the public use and common use portions of such dwellings are readily
accessible to and usable by handicapped persons;
(B) 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
(C) all premises within such 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
environmental controls in accessible locations; and
(iii) reinforcements in bathrooms such that an individual in a
wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirement 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 paragraph (3)(C)(iii).
(5) Nothing in this subsection requires that a dwelling be made available to an
individual whose tenancy would constitute a direct threat to the health of safety of
other individuals of whose tenancy would result in substantial physical damage to
the property of others.
32.5105 DISCRIMINATION IN RESIDENTIAL REAL ESTATE -RELATED TRANSACTIONS
(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:
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(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 Ordinance 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.
32.5106 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICE
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.
32.5107 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
Sections 32.5103 through 32.5106 of this Ordinance.
32.5108 PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES
Whoever, whether or not acting under code or law, by force or threat of force willfully injures,
intimidates or interferes with, or attempt 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 (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
subsection (a), or participating lawfully in speech or peaceful assembly opposing any
denial of the opportunity to participate shall be fined according to local, state and federal
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law; and if bodily injury results shall be fined not more than $10,000 or imprisoned not
more than ten (10) years, or both; and if death results shall be subject to imprisonment
for any term of years or for life.
32.5109 EQUAL ACCESS TO HOUSING IN HUD PROGRAMS
Pursuant to Federal Register, Volume 77, Number 23, published on February 3, 2012, the
definition of "family" is revised to include families regardless of the actual or perceived sexual
orientation, gender identity, or marital status of its members.
32.5110 EXEMPTIONS
(a) Exemptions defined or set forth under Title 22-9.5-3 et seq. of Indiana Code shall be
exempt from the provisions of this Ordinance to include those activities or organizations
set forth under subsections (b) and (c) of this Section.
(b) Nothing in this Ordinance 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 Ordinance 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 lodging to its members or from giving preference to its
members.
(c) Nothing in this Ordinance regarding familial status shall apply with respect to housing
for older persons. (2) As used in this Section, 'housing for older persons' means housing:
(1) provided under any state or 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
person (as defined in the state or federal program) or;
(2) intended for, and solely occupied by, persons 62 years of age or older; or
(3) intended and operated for occupancy by at least one person 55 years of age or older per unit.
32.5111 ADMINISTRATIVE ENFORCEMENT OF ORDINANCE
(a) The authority and responsibility for properly administering Section 32.5101 through
32.5113 of this Ordinance and referral of complaints hereunder to the Commissioner as
set forth in subsection (b) hereof shall be vested in the Human Rights Commission of the
City of Richmond, Indiana.
(b) Notwithstanding the provisions of I.C. 22-9.5-4-8, the City of Richmond, Indiana,
because of lack of financial and other resources necessary to fully administer
enforcement proceedings and possible civil actions under the Ordinance, herein elects to
refer all formal complaints of violation of the articles of this Ordinance by complainants to
the Indiana Civil Rights Commission for administrative enforcement actions pursuant to
Title 22-9.5-6 of Indiana Code and the Mayor of the City of Richmond, Indiana, shall refer
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all said complaints to the Commission as provided for under subsection (a) of this
Section to said Commission for purposes of investigation, resolution and appropriate
relief as provided for under Title 22-9.5-6 of Indiana Code. The Mayor has the option to
first refer said complaints to the local Richmond Human Rights Commission.
(c) All executive departments and agencies of the City of Richmond, Indiana shall
administer their departments, programs and activities relating to housing and urban
development in a manner affirmatively to further the purposes of this Ordinance and shall
cooperate with the Mayor and the Commission to further such purposes.
(d) The Mayor of the City of Richmond, Indiana, or the Mayor's designee, shall provide
information on remedies available to any aggrieved person or complainant requesting
such information.
32.5112 ADDITIONAL POWERS AND DUTIES OF THE HUMAN RIGHTS COMMISSION
In addition to those powers and duties as assigned in Richmond Code Section 32.50 the
commission shall have the following powers and duties in regard to enforcement of these provisions
regarding fair housing:
(a) To accept grants, or other payments to help finance its activities. The commission
may receive federal or state funds by worksharing or cooperative agreements or grants
with such funds deposited in designated non -reverting funds.
32.5113 SEPARABILITY OF PROVISIONS
If any provision of this Ordinance or the application thereof to any person or circumstances
shall be determined to be invalid, the remainder of the Ordinance and the application of its
provisions to other persons not similarly situated or to other circumstances shall not be affected
thereby.
(Ord. 28-1995; Ord. 52-1995; Ord. 72-2013)
PASSED AND ADOPTED this_? day o 2014, by the Common Council of
the City of Richmond, Indiana.
ATTES
;sident
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PRESENTED to the Mayor of the City of Richmond, Indiana, this day of
2014, at 9:00 a.m.
aren Chasteen, IAMC, MMC
APP OVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 7/— day of
at 9:05 a.m.
h , Mayor
(Sarah L. Hutton)
ATT T: -,.e - �=T �
Karen Chasteen, IAMC, MMC
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