HomeMy Public PortalAbout2013-1 - FAIR HOUSING ORDINANCERevised — July 1, 2012
Ordinance 2013 -1
FAIR HOUSING ORDINANCE
CITY OF GREENCASTLE, INDIANA
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.,
the following 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:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF GREENCASTLE, INDIANA, AS FOLLOWS:
Section 1 Policy Statement
It shall be the policy of the City of Greencastle 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.
Section 2 Definitions
The definitions set forth in this Section shall apply throughout this Ordinance:
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. Also, pursuant to 24 CFR
Part 5, 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.
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 owned by the occupant.
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E. Discriminatory Housing Practice means an act that is unlawful under Sections
4,5,6,7 or 8 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 or more of
such person's major life activities.
2. a record of having such an impairment, or
3. being regarded as having such an impairment,
4. an impairment described or defined pursuant to the federal Americans with
Disabilities Act of 1990.
5. Any other impairment defined under I.C. 22- 9.5 -2 -10.
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
(I.C. 22- 9.5- 2- 10(b); nor does the term `Handicap' include an individual solely
because that individual is a transvestite (I.C. 22- 9.5- 2- 10(c).
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 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 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 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.
J. 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.
Section 3 Unlawful Practice
Subject to the provisions of subsection (B) of this Section, Section 9 of this Ordinance and
Title 22 -9.5 -3 of Indiana Code, the prohibitions against discrimination in the sale or rental
of housing set forth IN Title 22- 9.5 -5 -1 of Indiana Code and in Section 4 of this Ordinance
shall apply to:
A. All dwellings except as exempted by subsection (B) and Title 22 -9.5 -3 of Indiana
Code.
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B. Other than the provisions of subsection (C) of this Section, nothing in Section 4 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
exemption shall apply only to one 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 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 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 Section 4( 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 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 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 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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Section 4 Discrimination in the Sale or Rental of Housing
As made applicable by Section 3 and except as exempted by Section 3(B) and 9, 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:
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1 that person; or
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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 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;
i. an accessible route into and through the dwelling;
ii. light, switches, electrical outlets, thermostats, and other
environmental controls in accessible locations;
iii. reinforcements in bathrooms such that an individual in a
wheelchair can maneuver about the space.
Compliance with the appropriate requirement of the 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).
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.
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2. a person residing in or intending to reside in that dwelling after it is so sold,
rented, or made available; or
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:
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Section 5 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:
i. for purchasing, constructing, improving, repairing, or maintaining a
dwelling; or
ii. 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.
Section 6 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.
Section 7 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 3, 4, 5 or 6 of this Ordinance.
Section 8 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
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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 law; and if bodily injury results shall be fined not more than $10,000 or
imprisoned not more than ten years, or both; and if death results shall be subject to
imprisonment for any term of years or for life.
Section 9 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. As used in this Section, `housing for older persons'
means housing:
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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;
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2. intended for, and solely occupied by, person 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.
Section 10 Administrative Enforcement of Ordinance
A. The authority and responsibility for properly administering this Ordinance and
referral of complaints hereunder to the Commissioner as set forth in subsection (B)
hereof shall be vested in the Chief Elected Official of the City of Greencastle,
Indiana.
B. Notwithstanding the provisions of I.C. 22- 9.5 -4 -8, the City of Greencastle, 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 Chief Elected Official of
the City of Greencastle, Indiana, shall refer 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.
C. All executive departments and agencies of the City of Greencastle, 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 Chief Elected Official and the Commission to further such
purposes.
D. The Chief Elected Official of the City of Greencastle, Indiana, or the Chief Elected
Official's designee, shall provide information on remedies available to any aggrieved
person or complainant requesting such information.
Section 11 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.
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It is hereby certified that this Ordinance, Ordinance 2013 -1 was passed by the City's Common Council of the
City of Greencastle, Indiana, at its legally convened meeting on April 9, 2013 at 7:00 pm.
MAYOR:
Susan V.
First Ward:
Adam Cohen
Third Ward: !6
insie Bingham
Councilor -at- Large:
Attested By:
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urray, Mayor
,-/
ynd. Dunbar, Clerk Treasurer
Certificate of Adoption
Second Ward:
Fourth Ward:
Mark N. Hammer
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