HomeMy Public PortalAbout028-1995 Defining and enforcing fair housing practiceORDINANCE NO. 28-1995 (Amended)
A GENERAL ORDINANCE DEFINING AND ENFORCING FAIR
HOUSING PRACTICES FOR THE CITY OF RICHMOND
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, disability, familial status or national origin;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, AS FOLLOWS:
32.5101. P011C'_Y 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.
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The definitions set forth in this Section shall apply throughout Sections 32.5103 through
32.5112.
(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 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.
(b) "Family" includes a single individual with the status of such family being further
defined in subsection (h) of this Section.
(c) "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 Ttle 11 of the United States Code,
receivers, and fiduciaries.
(d) "To rent'' includes to lease, to sublease, to let and otherwise to grant for a consideration
the right to occupy the premises not owned by the occupant.
(e) "Discriminatory Housing Practice" means an act that is unlawful under Sections
32.5104 through 32.5107.
(f) "Disability" 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.
The term "disability" does not include current illegal use of or addiction to a
controlled substance as defined in Section 802 of Title 21 of the United States Code
nor does the term "disability"' include an individual solely because that individual is
a transvestite.
(g) "Aggrieved person" includes 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.
(h) "Familial status" means one or more individuals, who have not attained the age of
eighteen years, being domiciled with:
(1) 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 years.
(i) "Complainant" means a person, including the Richmond Human Rights Commission,
who files a complaint.
0) "Respondent" means a person accused of a discriminatory housing practice in a
complaint.
Subject to the provisions of subsection (b) of this Section, and Section 32.5109 of this
ordinance the prohibitions against discrimination in the sale or rental of housing set forth in section
32.5104 shall apply to:
(a) All dwellings except as exempted by subsection (b).
(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 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 twenty-four 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 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
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or written notice in violation of Section 32.5104(c), but nothing in this
proviso 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 contain' g living quarters occupied or intended to
be occupied by no more than four f es living independently of each other,
if the owner actually maintains` and occupies one of such living quarters as
his/her residence.
(c) For the urposes of subsection (b), a person shall be deemed to be in the business of
selling or rentin w Rings if:
(1) a has, within the preceding twelve months, participated as principal in
three or more transactions involving the sale or rental of any dwelling or any
interest therein, or
(2) s/he has, within the preceding twelve months, participated as agent, other
than in the sale of his/her 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) s/he is the owner of any dwelling unit designed or intended for occupancy by,
five or more families.
32.5104. DISCRTMTNATION IN THE. SALE OR RRNTAT. OF HC)LTSTNCr
As made applicable by Section 32.5103 and except as exempted by Sections 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, familial status, disability, 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, disability, or national origin.
(c) This section does not prohibit discrimination against a person because the person has
been convicted under federal law or the law of any state of the illegal manufacture or distribution of
a controlled substance.
(d) 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, disability, familial
status, or national origin, or an intention to make any such preference, limitation, or
discrimination.
(e) To represent to any person because of race, color, religion, sex, disability, familial
status, or national origin that any dwelling is not available for inspection, sale, or rental when such
dwelling is in fact so available.
(f) 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, disability, familial status, or national origin.
(g) (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 disability of:
(A) that buyer or renter;
(B) a person residing in or intending to reside in that dwelling after it is
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 disability of.
(A) that person; or
(B) a person residing in or intending to reside in that dwelling after it is
sold, rented, or made available; or
(C) any person associated with that person.
(3) For purposes of this subsection, discrimination includes:
(A) a refusal to permit, at the expense of the disabled 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 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 March 13, 1991, a failure to design
and construct those dwellings in such a manner that:
(i) the dwellings have at least one building entrance on an accessible
route, unless it is impractical to do so because of the terrain or
unusual characteristics of the site;
(ii) the public use and common use portions of such dwellings are
readily accessible to and usable by disabled persons;
(iii) all doors designed to allow passage into and within all premises
within such dwellings are sufficiently wide to allow passage by
disabled persons in wheelchairs; and
(iv) all premises within such dwellings contain the following features of
adaptive design:
(I) an accessible route into and through the dwelling;
(Il) light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations;
(III) reinforcements in bathroom walls to allow later installation of
grab bars; and
(IV) usable kitchens and bathrooms such that an individual in a
wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirements of the Americans with Disabilities
Act of 1990 and of the American National Standard for buildings and facilities
providing accessibility and usability for physically disabled people 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 or safety
of other individuals or whose tenancy would result in substantial physical
damage to the property of others.
32.5105. DISCRIMINATION IN RFSMFNTIAL C _F-STATE-RELATED
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(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, disability, 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 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, disability, or familial status.
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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/her in the
terms or conditions of such access, membership, or participation, on account of race, color,
religion, sex, disability, familial status or national origin.
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1INTERFERENCE. • : 1►II lulls a r • ►
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the
exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of
his or her having aided or encouraged any other person in the exercise or enjoyment of, any right
granted or protected by Sections 32.5104 through 32.5106.
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(a) Nothing in Section 32.5104 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 herein
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.
(b) (1) Nothing Section 32.5104 limits the applicability of any reasonable local, state,
or federal restrictions regarding the maximum number of occupants permitted to occupy a
dwelling. Nor does any provision herein regarding familial status 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 or federal program that the Secretary of the
Federal Department of Housing and Urban Development 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 if the following requirements are met:
(i) the existence of significant facilities and services specifically
designed to meet the physical or social needs of older persons, or if
the provision of such facilities and services is not practicable, that
such housing is necessary to provide important housing opportunities
for older persons; and
(ii) that at least 80 percent of the units are occupied by at least one
person 55 years of age or older per unit; and
(iii) the publication of, and adherence to, policies and procedures which
demonstrate an intent by the owner or manager to provide housing
for persons 55 years of age or older.
32.5109. FNFORCEMENT BY THE HUMAN RIGHTS C OX MISSTON--
(a) The authority and responsibility for properly administering Sections 32.5101 through
32.5112 shall be vested in the Human Rights Commission of the City of Richmond, Indiana.
(b) The commission will administratively enforce all formal complaints alleging a
discriminatory housing practice for the purpose of investigation, resolution, and appropriate relief
as provided for under Title 22-9.5-6 of the Indiana Code.
(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 implement the policy of Section 32.5101 and shall cooperate with the
commission to enforce said policy.
(d) The commission, or the commission's designee, shall provide information on remedies
available to any aggrieved person or complainant requesting such information.
(e) Each complaint must be in writing and must be signed and affirmed by the aggrieved
person filing the complaint or, if the complaint is filed by the commission, by any commission
member, or the director. The signature and affirmation may be made at any time during the
investigation. The commission may require complaints to be made on prescribed forms.
(1) Complaint forms will be made available in the commission's offices.
(2) Notwithstanding any requirement for the use of a prescribed form, the
commission will accept any written statement which substantially sets forth the
allegations of a discriminatory housing practice.
(3) An aggrieved person may provide information to be contained in a complaint by
telephone to the commission's offices. The commission or staff of the
commission will reduce the information provided by telephone to writing on the
prescribed complaint form and send the form to the aggrieved person to be
signed and affirmed.
(4) Each complaint must contain substantially the following information:
(A) The name and address of the aggrieved person.
(B) The name and address of the respondent.
(C) A description and the address of the dwelling which is involved, if
appropriate.
(D) A concise statement of the facts, including pertinent dates, constituting the
alleged discriminatory housing practice.
(5) Except as provided in paragraph (6) of this subsection, a complaint is filed
when it is received by the commission in a form that reasonably meets the
standards of paragraph (4) of this subsection.
(6) The commission may determine that a complaint is filed for the purposes of the
one year period for filing complaints, upon the submission of written
information (including information provided by telephone and reduced to
writing by the commission or staff of the commission) identifying the parties
and describing generally the alleged discriminatory housing practice.
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(7) Where a complaint alleges a discriminatory housing practice that is continuing,
as manifested in a number of incidents of such conduct, the complaint will be
timely filed within one year of the last alleged occurrence of that practice.
(f) An aggrieved person may, not later than one year after an alleged discriminatory
housing practice has occurred or terminated, whichever is later, file a complaint with the
commission alleging the discriminatory housing practice.
(g) A complaint may be reasonably and fairly amended at any time.
(h) When a complaint is filed, the commission shall do the following:
(1) Give the aggrieved person notice that the complaint has been received.
(2) Advise the aggrieved person of the time limits and choice of forums.
(3) Not later than ten days after the filing of the complaint or the identification
of an additional respondent, serve on each respondent:
(A) a notice identifying the alleged discriminatory housing practice and advising
the respondent of the procedural rights and obligations of a respondent; and
(B) a copy of the complaint.
(4) A person who is not named as a respondent in a complaint, but who is identified
in the course of the investigation as a person who is alleged to have engaged, or
is about to engage in the discriminatory housing practice upon which the
complaint is based, may be joined as an additional or substitute respondent by
service of a notice on the person under paragraph (3) of this section within ten
days of the identification. If the person is not named in the complaint, but is
being joined as an additional or substitute respondent, the notice will explain the
basis for the commission's belief that the joined person is properly joined as a
respondent.
(i) Not later than ten days after the receipt of the notice and copy of the complaint, a
respondent shall file an answer to the complaint. An answer must be:
(1) in writing;
(2) signed under oath; and
(3) in the form prescribed by the commission.
0) An answer may be reasonably and fairly amended at any time with the consent of the
commission.
(k) An answer does not inhibit the investigation of a complaint.
(1) The commission shall determine based on the facts whether reasonable cause exists to
believe that a discriminatory housing practice has occurred or is about to occur. The commission
shall make this determination not later than one hundred days after a complaint is filed unless:
(1) the commission has approved a conciliation agreement relating to the complaint;
or
(2) it is impracticable to make the determination within that time period, in which
case the commission shall notify the complainant and respondent in writing of
the reasons for the delay.
(m) If the commission determines that no reasonable cause exists to believe that a
discriminatory housing practice has occurred or is about to occur, the commission shall promptly
issue a short and plain statement of the facts upon which the commission has based the no
reasonable cause determination; dismiss the complaint and notify the aggrieved person and the
respondent of the dismissal with a written statement of the facts. The fact of the dismissal,
including the names of the parties, shall be public information available on request.
(n) The commission may not issue a finding of reasonable cause under this ordinance
regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action
commenced by the aggrieved parry under federal or state law seeking relief with respect to that
discriminatory housing practice.
(o) If the commission determines that reasonable cause exists to believe that a
discriminatory housing practice has occurred or is about to occur, the commission shall
immediately issue a finding of reasonable cause consisting of a short and plain statement of the
facts on which the commission found reasonable cause on behalf of the aggrieved person.
(p) Not later than five days after the commission issues a finding of reasonable cause, the
commission shall send a copy of the finding of reasonable cause to each respondent and each
aggrieved person with the following information:
(1) A complainant, a respondent, or an aggrieved person on whose behalf the
complaint was filed may elect to have the finding of reasonable cause affirmed
or denied in a civil action.
(2) The election must be made not later than twenty days after the date of
receipt of the reasonable cause notice by the electing person.
(3) The person making the election shall give notice to the commission and to all
other complainants and respondents to whom the finding of reasonable cause
relates.
(q) If a timely election is made under subsection (p)(1), the commission shall not later than
thirty days after the election is made, file and maintain a civil action on behalf of the aggrieved
person in a circuit or superior court that is located in the county in which the alleged discriminatory
housing practice occurred. If a timely election is not made the commission shall provide for an
administrative hearing on the finding of reasonable cause.
:��II11•►: '_•. :►It y�l • 110 "M."`
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 worksharmg or cooperative agreements or grants with such funds
deposited in designated non -reverting funds.
(b) To receive and investigate the merits, allegation, and factual basis of complaints of
discriminatory housing practices, and to hold hearings on such complaints. All investigations of
complaints shall be investigated by staff members or commission members. Such investigations
shall be impartial and shall be limited in each instance to the discriminatory housing practices
alleged in the complaint. At the end of each investigation the commission or a staff member of the
commission will prepare a final investigative report. The investigative report will contain:
(1) The names and dates of contacts with witnesses, except that the report will not
disclose the names of witnesses that request anonymity. The commission,
however, may be required to disclose the names of such witnesses in the course
of an administrative hearing or a civil action under the Federal Fair Housing
Act or the Indiana Fair Housing Act;
(2) A summary and the dates of correspondence and other contacts with the
aggrieved person and the respondent:
(3) A summary description of other records;
(4) A summary of witness statements; and
(5) Answers to interrogatories.
A final investigative report may be amended at any time, if additional evidence is discovered.
Notwithstanding the prohibitions and requirements with respect to disclosure of information
contained in paragraph (9) of subsection (e) of this Section, the commission will make information
derived from an investigation, including the final report, available to the aggrieved person and the
respondent. Following the completion of investigation the commission shall notify the aggrieved
person and the respondent that the final investigative report is complete and will be provided upon
request.
(c) To initiate complaints, except that no member of the commission who initiates a
complaint may participate as a member of the commission in the hearing or disposition of the
complaint.
(d) To prevent any person from discriminating or retaliating against any other person
because he/she filed a complaint with the commission, has testified in any hearing before the
commission, or has in any way assisted the commission in any matter under investigation.
(e) To attempt reconciliation between the parties. If such reconciliation efforts fail, the
commission shall conduct hearings to find facts, reach conclusions, and issue orders.
(1) During the period beginning with the filing of the complaint and ending with the
reasonable or no reasonable cause determination the commission will, to the
extent feasible, attempt to conciliate the complaint.
(2) In conciliating the complaint, the commission 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.
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(3) Generally members of the commission or staff of the commission engaged in
the investigation of a complaint will not participate or advise in the conciliation
of the same complaint. Where the rights of the aggrieved party and the
respondent can be protected and the prohibitions with respect to disclosure of
information can be observed, the investigator of the complaint may suspend
fact finding and engage in efforts to resolve the complaint by conciliation.
(4) 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 are:
For the aggrieved person:
(A) Monetary relief in the form of damages, including damages caused by
humiliation or embarrassment, and attorney's fees;
(B) Other equitable relief including, but not limited to, access to the dwelling at
issue, or to a comparable dwelling, the provision of services or facilities in
connection with a dwelling, or other specific relief; or
(C) Injunctive relief appropriate to the elimination of discriminatory housing
practices affecting the aggrieved person or other persons.
(D) The conciliation agreement may provide for binding arbitration of the
dispute arising from the complaint. Arbitration may award appropriate relief
as described in this subsection. The aggrieved person and the respondent
may, in the conciliation agreement, limit the types of relief that may be
awarded under binding arbitration.
For the public interest::
(E) Elimination of discriminatory housing practices.
(F) Prevention of future discriminatory housing practices.
(G) Remedial affirmative activities to overcome discriminatory housing
practices.
(H) Reporting requirements.
(1) Monitoring and enforcement activities.
(5) The agreement must be executed by the respondent and the complainant. The
agreement is subject to approval by the commission. The commission will
indicate approval by having a majority of the commission sign the agreement.
The commission will approve an agreement and, if the commission is the
complainant, will execute the agreement, only if. -
(A) The complainant and the respondent agree to the relief accorded to the
aggrieved person;
(B) The provisions of the agreement will adequately vindicate the public
interest; and
(C) If the commission is the complainant, all aggrieved persons named in the
complaint are satisfied with the relief provided to protect their interests.
(6) The commission may issue a reasonable cause determination if the aggrieved
person and the respondent have executed a conciliation agreement that has not
been approved by the commission.
(7) The commission may terminate its efforts to conciliate the complaint if the
respondent fails or refuses to confer with the commission; the aggrieved person
or the respondent fail to make a good faith effort to resolve any dispute or the
commission finds, for any reason, that voluntary agreement is not likely to
result.
(8) Where the aggrieved person has commenced a civil action under federal or state
law seeking relief with respect to the alleged discriminatory housing practice,
and the trial in the action has commenced, the commission will terminate
conciliation unless the court specifically requests assistance from the
commission.
(9) Except as provided in paragraph (10) of this subsection and in subsection (b)
of this Section, nothing that is said or done in the course of conciliation may be
made public or used as evidence in a subsequent administrative hearing under
this ordinance or in civil actions under the Federal Fair Housing Act or the
Indiana Fair Housing Act without the written consent of the persons concerned.
(10) Conciliation agreements shall be made public unless the aggrieved person and
respondent request nondisclosure and the commission determines that
disclosure is not required to further the purposes herein. Notwithstanding a
determination that disclosure of a conciliation agreement is not required, the
commission may publish tabulated descriptions of the results of all conciliation
efforts.
(11) The commission may, from time to time, review compliance with the terms of
any conciliation agreement. Whenever the commission has reasonable cause to
believe that a respondent has breached a conciliation agreement, the
commission may file a civil action in a circuit or superior court for the
enforcement of the terms of the conciliation agreement.
(f) To state findings of fact and conclusions of law after a hearing. If the commission
determines, after a hearing, that the respondent has engaged in a discriminatory housing practice,
the commission may order the appropriate relief, including actual damages, reasonable attorney's
fees, court costs, and other injunctive or equitable relief. To vindicate the public interest, the
commission may assess a civil penalty against the respondent in an amount that does not exceed the
following:
(1) Ten thousand dollars ($10,000) if the respondent has not been adjudged by
order of the commission or a court to have committed a prior discriminatory
housing practice.
(2) Except as provided by subsection (1), twenty-five thousand dollars ($25,000) if
the respondent has been adjudged by order of the commission or a court to have
committed one other discriminatory housing practice during the five year period
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ending on the date of the filing of the finding of reasonable cause
(3) Except as provided by subsection (1), fifty thousand dollars ($50,000) if the
respondent has been adjudged by order of the commission or a court to have
committed two or more discriminatory housing practices during the seven year
period ending on the date of the filing of the finding of reasonable cause.
(g) If the acts constituting the discriminatory housing practice that is the object of the
finding of reasonable cause are committed by the same individual who has been previously
adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties
in subsection (f)(2) and (f)(3) may be imposed without regard to the period of time within which
any other discriminatory housing practice occurred. The commission may sue to recover a civil
penalty due under this section.
(h) If after the hearing the commission shall fmd that the respondent has not engaged in the
alleged discriminatory housing practice, the commission shall state its findings of fact and
conclusions of law and shall issue an order dismissing the complaint.
(i) Judicial review of commission orders shall be obtained in accordance with the
provisions of Indiana Code 4-21.5-5.
0) To prepare and submit to the Mayor and Common Council once each year a detailed
report of the commission's activities, including the investigations, reconciliation, and hearings it
has conducted and their outcomes.
32.5111. ENFORCF.MF.NT RY PRIVATE PERSONS -
(a) An aggrieved person may file a civil action in the circuit or superior court located in the
county in which the alleged discriminatory housing practice occurred not later than one year after
the occurrence or the termination of an alleged discriminatory housing practice or the breach of a
conciliation agreement entered into hereunder, whichever occurred last, to obtain appropriate relief
with respect to the discriminatory housing practice or breach.
(b) The one year period does not include any time during which an administrative hearing
is pending with respect to a complaint or finding of reasonable cause under this ordinance based on
the discriminatory housing practice. This subsection does not apply to actions arising from a
breach of a conciliation agreement.
(c) An aggrieved person may file an action under this section whether or not a complaint
has been filed and without regard to the status of any complaint filed hereunder.
(d) If the commission has obtained a conciliation agreement with the consent of an
aggrieved person, the aggrieved person may not file an action under this section with respect to the
alleged discriminatory housing practice that forms the basis for the complaint except to enforce the
terms of the agreement
(e) An aggrieved person may not file an action under this section with respect to an alleged
discriminatory housing practice that forms the basis of a finding of reasonable cause issued by the
commission if the commission has begun a hearing on the record with respect to the fmding of
reasonable cause.
(f) If the court finds that a discriminatory housing practice has occurred or is about to occur
in an action under this section, the court may award to the prevailing party the following:
(1) Actual and punitive damages.
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(2) Reasonable attorney's fees.
(3) Court costs.
(4) Subject to subsection (g) of this section, any permanent or temporary injunction
temporary restraining order, or other order, including an order enjoining the
defendant from engaging in the practice or ordering appropriate affirmative
action.
(g) Relief under this section does not affect the contract, a sale, an encumbrance, or a lease
that:
(1) was consummated before the granting of the relief; and
(2) involved a bona fide purchaser, an encumbrancer, or a tenant who did not have
actual notice of the filing of a complaint or a civil action hereunder.
(h) The commission may intervene in an action under this section if the commission
determines that the case is of general public importance. The commission may obtain the same
relief available to the commission under Section 32.5112.
(a) The commission may file a civil action for appropriate relief if the commission has
reasonable cause to believe that:
(1) a person is engaged in a pattern or practice of resistance to the full enjoyment of
rights protected hereunder; or
(2) A person has been denied any right protected hereunder and that denial
raises an issue of general importance.
(b) An action under this section may be filed in a circuit or superior court located in the
county in which the alleged pattern, practice, or denial has occurred. The court may do the
following:
(1) Award preventive relief, including a permanent or temporary injunction,
restraining order, or other order against the person responsible for the violation
as necessary to assure the full enjoyment of the rights protected hereunder.
(2) Award other appropriate relief, including monetary damages, reasonable
attorney's fees, and other court costs.
(3) To vindicate the public interest, assess a civil penalty against the respondent in
an amount that does not exceed the following:
(A) Fifty thousand dollars ($50,000) for a first violation.
(B) One hundred thousand dollars ($100,000) for a second or subsequent
violation.
(c) A person may intervene in an action under this section if the person is:
(1) an aggrieved person to the discriminatory housing practice; or
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(2) a party to a conciliation_ agrechient concerning the discriminatory housing
practice.
PASSE AND ADOPIM by the Common Council of the City of Richmond, Indiana, this
day of 7"icu*aP , 1995.
09;� :rn
111�i11_
!!!nLby
ie" to the Mayor of xd.' Cityof Ridbmend, nd �ir- ' this i.' of
� F
4 1.
M
wry �. R• Ca"-* mayorof ae CityOf _ r,Ptt 9':8,a b&880,f;, tP' if
1995.
K "F.-NV I
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