County Commissioner Ordinance - May 1994. .� __,; � " I
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FAIR HOUSL�IG ORDINANCE
GE��IER�I. ORDINA��tCE , 1994 —�
Exhibit VI-E
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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 follow�ng provisions are necessary and appropriate to prevent
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discrimination in the azea of housing because of race, color, religion, sex, handicap,
familial staNS or nadon ongm; y �o,,G,�
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NOW, THEREFORE, BE IT ORDAI�YED BY THE � �' IL OF
TF� COUNTY OF GIBSON, INDIANA, AS FOLLOWS:
Section 1. POLICY STATE1�iEN"T: �
It shall be the policy of the Counry of Gibson to provide, wi[hin constitutional
limitadon, for fair housing throughout its corporate limits as provided for under the Federal
Civil Rights Act of 1968, as amended, the federal Housing and Communicy Development
Act of 1974, as amended, and Indiana Code 22-9.5-1 et. seq.
Section 2. DEFINITIONS:
The definidons set forth in this Section shall apply throughout this Ordinance:
(a) "Dwelling" means any buildin�, structure, or part of a buildine or structure
thac 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 loca[ion of a building, struccure, or part of a
building or structure that is occupied as, or desi�ned or intended for
occupancy as a residence by one (1) or more families (I.C. 22-9.5-2-3).
(b) "Family" includes a sin�le individual (I.C. 22-9.5-2-9), with the statue of
such family being further defined n subsecdon (h) of this Secdon.
(c) "Person" (I.C. 22-9.5-2-11) includes one (i) or more individuals,
corporation, partnership, association, labor oreanizations, leeal
representadves, mutual companies, joint-stock companies, trusts, non-
incorporated or�aniza[ions, trustees, trustees in cases under Title II 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 ri�ht to occupy the premises
owned by the occupant.
(e) "Discriminatory Housins Practice" means an act that is unlawful under
Sections 4, 5, 6, 7 or 3 of this Ordinance or I.C. 22-95-�.
(� "Handicap" means, with respect to a person:
(1) A physical or mental impairmen[ which substandally limits one or
more of such person's ma�or life acdvities,
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(2) A record of having such an impairmen[, or
(3) Being regazded as having such an impairment,
(4) An impairment described or defined pursuant to the federal
Americans with Disabilities Act of 1990.
(5) Any other icnpairment defined under I.C. 22-9.5-2-10.
The [erm "handicap" shall no[ include curren[ illepal use of or addiction to a
controlled substance as defiaed n Section 802 of Tille 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 transvestite [I.C. 22-9.5-2-
10(c)].
(g) "Agorieved person" includes any person who (I.C. 22-9.5-2-2):
(1) - Claims to have been injured by a discruninatory housin� pracrice; or
(2) Believes that such person will be injured by a discriminatory
housing pracace 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:
(1) A pazent or another person having legal custody of such individual
or the written pernussion of such parent or other person.
The protections afforded a�ainst discrimination on this basis of familial
sta[us shall apply to any person who is preenant or is in the process of
securin� le�al custody of any individual who has not attained the a�e of 13
years.
(i) "Commission" (I.C. 22-9.�-2-3) means the Indiana Civil Ri�hts
Coaunission created pursuant to I.C. 22-9-I-4, et. seq.
(j) "Complainant" (I.C. 22-9.5-2-4) means a persons, includin� the
Commission, who files a complaint under I.C. 22-9.5-6.
Section 3. UNLAWFLiL PR�CTICE:
Subject to. [he provisions of subsec[ion (b) of this section, Section 9 of this
Ordinance and Tide 22-9.5-3 of Indiana Code, the prohibiaons a�ainst discriminadon in the
sale or rental of housin� se[ for[h Tide 22-9.5-5-1 of Indiana Code and in Secdon 4 of this
Ordinance shall apply to:
(a) All dwelling excep[ as exempted by subsection (b) and Title 22-9.5-3 of
Indiana Code.
(b) Other than the pravisions of subsection (c) of this Section, nothin� 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 sin�le-
family houses at any one time; provided that in the sale of such
single-family house by a private individual owner not residin� in the
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house at the time of sale or who was not the mos[ recent resident of
such house prior to the sale, the exemption shall apply only to one
such sale within any twenty-four mon[h period. The private
individual owner may not own any interest in, nor have owned or
reserved on this behalf, dtle to or anv right to all or a portion of the
proceeds form the sale or rental of more than three such sin;le-
family houses a[ any oae time. 'I'he sale or rental of any such single-
family house shail be excepted from applicadon of this section oaly
if such house is sold or rented:
(A) Without the use in any manaer of the sales or rental facilides
or services of any real estate broker, agent or salesman, or
nay person in the business of sellin� or rencin� dwellings, or
of any employee or agent of any such broker, aaent or
salesman, or person and
(B) Without ihe publicadon, posting or mailin�, after no[ice of
advertisement or written nouce in violadon of Section 4(c) of
this ordinance, but noching in this proviso shall prohibit the
use of attomeys, escrow agenu, abstracters, cide companies
and o[her such professional assistance as necessary to
periect or transfer this dde, or
(2) Rooms or units in dwellin�s contauung living quarters occupied or
intended to be occupied by no more than four families living
independendy of each other, if the owner actually maintains and
occupies one of such livin� quarters as his residence.
(c) For che purposes of Subseccion (b), a person shall be deemed to be n the
business of sellin� or rendn� dwellin�s if:
(1) He has, within the precedin� twelve monchs, participated as
principal in three or more [ransactions involving the sale or rental of
any dwellin� or any interest therein, or
(2) He has, within the precedin� twelve months, participated as a�ent,
other than in che sale of his own person residence, in providin� sales
or rental facilities or services in two or more transacdons involving
the sale or ren[al of any dwelling or any interest [herein, or
(3) He is the owner of any dwellin� unit desi�ned or intended for
occupancy by, or occupied by, five or more families.
Section 4. DISCRIVIINATION Iv THE S�1LE OR RENTaL OF
HnUSING:
As made applicable by Seccion 3 and except as exempted by Sections 3(b) and 9, it
shall be unlawful:
(a) To refuse to sell ar rent after the makin� of a bona fide offer, or ro refuse to
negotiate for the sale or rental of, or otherwise make unavailable or deny, a
dwelling to any person because of race, color, reli�ion, sex, familial status
or national origin.
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(b) To discruninate against any person in the terms, conditions, or privIIeges of
sale or rental of a dwelling, or in [he provisioo of services or facilities in
connection therewith, because of race, color, relia on, sex, familial status or
national origin.
(c) To make, print, or publish, or cause to be made, printed, or published any
noace, statement or advertisement, with respect to the sale or rental of a
dwelling that indicates any pceference, limitation, or discrimination based on
race, color, religion, sex, handicap, familial status or national origin, or an
intendon to make any such preference, limitadon, or discriminadon.
(d) To represent to any person because of race, color, religion, sex, handicap,
familial status or nadonal origin that any dwelling is not available [o for
inspecdon, 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 represeotations regarding the entry or perspective entry into the
neiehborhood of a person or persons of a particular race, color, religion,
sex, handicap, familial stams or nadonal origm.
(� (1) To discriminate in the sale or rental, or to otherwise make
unavailable or deny, a dwellin� to any buyer or renter because of a handicap
of:
(A) That buyer or renter;
(B) A person residin� in or intending [o reside in tha[ 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, condi[ions, or
privileges of sale or rental of a dwelling, or in the provision of
services or facilities in connection wich such dwellin�, because of a
handicap of:
(A) That person; or
(B) A person residing in or intendio� to reside in that dwelling
afrer it is so sold, rented, or made available; or
(C) Any penon associated with chat person.
(3) For purposes of this subsection, discriminaaon includes:
(A) A refusal to permic, a[ the expense of the handicapped
person, reasonable modifica[ions of existin; premises
occupied or to be occupied by such person if such
modificadons may be necessary to afford such person full
enjoymen[ 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
agreein� [o restore the in[erior of the premises to the
condiaon that existed before the modiFica[ion, reasonable
wear and tear excepted;
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(B) A refusal to make reasonable accommodations in rules,
policies, practices, or services, w hen such
accommodations may be necessary to afford such person
equal opportuniry to use and enjoy a dwelline; or
(C) In connection with the design and construction of covered
multi-family dwellings for £ust occupancy after the date
that is 30 months after September 13, 1988, a failure to
design and construct those dwellings in such a mannec
that—
(i) The public use and common use ponions of such
dwellin�s are readily accessible to and usable by
handicapped persons;
(u) All the doors designed to allow passa�e into and
within all premises with such dwellings aze
sufficiendy wide to allow passa�e by handicapped
persons in wheelchaus; and
(iu) All premises within such dwellin�s contain the
followin� features of adapdve design:
(I) An accessible route into and throu�h the
dwellings;
(II) Light, switches, electrical oudets, thermostacs,
and ocher environmental controls in accessible
lacadons;
(III) Reinforcements in bathroom walls to allow
later installation of �rab bars; and
(IV) . Usable kitchens and bathrooms such that an
individual in a wheelchair can maneuver abou[
the space.
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(4) Compliance with the appropriate requirements Americans With
Disabilides Act of 1990 and of the American Nauonal Standazd for
buildings and facili[ies providing accessibility and usability for
physically handicapped people (commonly cited as "P.i�1SI A117.1")
suffices to sadsfy the requuements of para�aph (3) (C) (iu).
(5) Nothin� in this subseccion requires that a dwellin� be made available
to an individual whose tenancy would consdtute a direct threat ro the
health or safety of other individuals of whose tenancy would result
in substandal physical damage to the property of others.
Section 5. DI9CRIrIINATIO�t IN RESIDENTIAL REAL ESTATE-
RELATED TR?,NSACTIONS:
(a) It shall be unlawful for any person or ocher en[iry whose business includes
engaging in residendal real estate-related transacdons to discriminate against
any person in makin� 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.
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(b) As used in this section, the term "residencial real es[ate-related transaction"
means any of the following:
(1) The making or purchasing of loans or providing other financial
assistance:
(A) for purchasia„ constructing, improvin„ repairing, or
maintaining a dwelling; or
(B) Secured by residential real esta[e.
(2) The selling, brokerin�, or appraisin� of residential real property.
(c) Nothing in ttus 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 ongin, sex, handicap, or familial sta[us.
Section 6. DISCRIVIINATION IN THE PROVISION OF
BROKERAGE SERVICES:
It shall be unlawful to deny any person access to or membership or participation in
any multiple-listin� service, real estate brokers' organization or other service, or�anizarion,
or facility relatin� to the business of sellin� or renting dwellines, or to discriminate a�ainst
him in the terms or conditions of such access, membership, or participadon, on account of
nce, color, religion, sex, handicap, familial sta[us or nadonal ori�in.
Section 7. INTERFERENCE COERCION OR INTIVIIDATION:
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person m
[he exercise or enjoyment of, or on account of his havine exercised or enjoyed, or on
account of tus having aided or encouraeed any other person in the exercise or enjoyment
of, any right ;ranted or protected by secrions 3, 4, 5, or 6 of this ordinance.
Section 8. PREVEtiTION OF INTIVIIDATION IN F�IR HOUSING
A E :
Whoever, whether or not ac[in� under color of law, by force or threat of force
willfully injures, intimidates or interferes with, or attempts to injure, inumidate or interfere
with:
(a) Any person because of his race, color, reli�ion, sex, handicap, familial
status, or nadonal ori�in and because he is or has been sellin�, purchasin�,
rentin„ financing, occupyin�, or con[racting or ne�o[iatin� for [he sale,
purchase, ren[al, financing or occupadon of any dwellin�, or applying for
or pazucipatin� in any service, or�anization, or facility relaung to the
business of sellin� or rentin� dwellin�s; or
(b) Any person because he is or has been, or in order to indmidate such person
or any other person or any class of persons from:
(1) Pazticipating, withou[ discrimination on account of race, color,
religion, sex, handicap, familial stams, or national origin, in anv of
the activities, services, organizadons or facilities described in
subsection 15(a); or
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(2) Affording another person or class of persons opportunity or
protection so to parcic�pate; or
(c) Any cidzen because he is or has been, or in order to discouraoe such citizen
or any other cicizen from lawfully aiding or eacoura�ing other persons to
paz[icipate, without discrimination on account of race, color, relioion, sex,
handicap, familial status, or national origin, in any of the activities,
services, organizations or facilities described in subsection (a), or
participatin� lawfully in speech or peaceful assembly opposin� any denial of
the opportunity to participate shall be fined according to local, state and
federal law; and if bodily in�ury results shall be fined not more than �10.00
than ten years, or both; and if death resulu shall be subject to unprisonment
for nay term of years or for life.
Section 9. EXEVIPTIONS:
(a) Exempdons defined or set forch under Tide 22-9.5-3 et. seq. of Indiana
Code shall be exempt from the provisions of this Ordinance to include those
activiaes or organizations set forch under subsections (b) and (c) of this
secdon.
(b) �Iothing in [his ordinance shall prohibit a reli�ious orsaniza[ion,
associadon, or sociery, or nay nonprofit instimdon or or�anizadon operated,
supervised or controlled by or in conjunction wi[h a reli�ious or�anizadon,
associa[ion, or socie[y, from limiting [he sale, rental or occupancy of
dwellin�s which it owns or operates for other than a commercial purpose to
persons of the same reli�ion, or from givin� preference to such persons,
unless membership in such religion is resu-icted on account of race, color or
nadonal ori�in. Nor shall anythin� in this ordinance prohibit a private club
no[ in fact open ro the public, which as an incident to i[s primary purpose or
purposes provides lodein�s which it owns or opera[es for other [han a
commercial purpose, from limian� the rental or occupancy of such lodain�s
to i[s members or from givin� preference to i[s members.
(c) (1) Nothing in this ordinance reeardine familial sta[us shall apply with
respect to housing or older persons.
(2) As used in this secdon, "housing for older persons" means housin�:
(A) Provided under any sta[e of federal proeram that the
Secretary of the Federal Department of Housins and Urban
Development or the state civil riehcs commission de[ennines
is specifically desi�ned and operated ro assist elderly persons
(as defined in the state or federal program); or
(B) Intended for, and solely occupied by, persons 62 years of
aee or older; or
(C) Intended and opera[ed for occupancy by at least one person
5� years of age or older per unit.
Section 10. ADbtINISTRATIV'E ENFORCEVIENT OF ORDINANCE:
(a) The authoriry and responsibility for properly administerin; this ordinance
and referral of complamts hereunder to the commission as se[ forth in
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subsection (b) hereof shall be vested in the Chief Elected Official of the
County of Gibson, Indiana.
(b) Notwithstanding he provisions of I.C. 22-9.5-4-8, the Counry of Gibson,
Indiana, because of a lack of fmancial and other resources necessary to fully
administer enforcement proceedings and possible civil actions under ttus
ordinance, herein elecu to refer all formal complaints of violation of the
articles of ttus ordinance by complainanu to the Indiana Civil Rights
Commission ("Commission") for administrative enforcement actions
pursuant to Tide 22-9.5-6 of Indiana Code and the Chief Elected Official of
the County of Gibson, Indiana, shall refer all said complaints tot he
Commission as provided for under subsecdon (a) of dus section to said
Coaunission for purposes of investi�ation, resolution and appropriate relief
--- as provided for under Tide 22-9.5-6 of Indiana Code.
(c) All execu[ive departments and agencies of the Counry of Gibson, Indiana,
shall administer their departments, programs and activities relatin� to
housin� and urbaa development in a manner affumatively to further the
purposes of this ordinance and shall cooperate wifh the Chief Elected.
Official and the Commission to further such purposes.
(d) The Chief Elected Official of the Counry of Gibson, Indiana, or the Chief
Elected Official's desi�nee, shall provide informadon on remedies available
to any aegrieved person or complainant requesun� such informadon.
Section 11. SEP4RABILITY OF PROVISIO\S:
If any provision of this ordinance or the application thereof to any person or
circumstances shall be determined to be invalid, the remainder of [he ordinance and the
application of its provisions to other persons not similarly situated or to o[her circumstances
shall not be affected thereby.
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CERTIFICATION OF ADOPTION
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It is hereby certified that this Ordinance Number �4 5 Y-/ was passed by the
g>,�{ ,E .���i of the Counry of Gibson, Indiana, at its legally convened meetin� of
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By: �lir�J � �
Presidiag Officer
Name: —y��^' "`r"_ C", . � � .
Tide: ��"�
Attest: C�c�i d�'• �/�
Name: l��,G-n.vr� Ca . �,..�
Date: �r � 99 y�-