CHAPTER 3. EXEMPTIONS
IC 22-9.5-3
Chapter 3. Exemptions
IC 22-9.5-3-1
Sale or rental of certain single-family houses; sale or rental ofcertain rooms or units
Sec. 1. (a) Subject to subsection (b), IC 22-9.5-5 does not applyto the following:
(1) The sale or rental of a single-family house sold or rented byan owner if:
(A) the owner does not:
(i) own more than three (3) single-family houses at anyone (1) time; or
(ii) own any interest in, nor is there owned or reserved onthe owner's behalf, under any express or voluntaryagreement, title to, or any right to any part of the proceedsfrom the sale or rental of more than three (3) single-familyhouses at any one (1) time; and
(B) the house was sold or rented without:
(i) the use of the sales or rental facilities or services of areal estate broker, an agent, or a salesman licensed underIC 25-34.1, or of an employee or agent of a licensedbroker, an agent, or a salesman, or the facilities or servicesof the owner of a dwelling designed or intended foroccupancy by five (5) or more families; or
(ii) the publication, posting, or mailing of a notice, astatement, or an advertisement prohibited byIC 22-9.5-5-2.
(2) The sale or rental of rooms or units in a dwelling containingliving quarters occupied or intended to be occupied by no morethan four (4) families living independently of each other if theowner maintains and occupies one (1) of the living quarters asthe owner's residence.
(b) The exemption in subsection (a)(1) applies to only one (1) saleor rental in a twenty-four (24) month period if the owner was not themost recent resident of the house at the time of the sale or rental.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-3-2
Sale, rental, or occupancy of property operated or controlled by orin conjunction with religious organization
Sec. 2. This article does not prohibit a religious organization, anassociation, or a society or a nonprofit institution or an organizationoperated, supervised, or controlled by or in conjunction with areligious organization, an association, or a society from:
(1) limiting the sale, rental, or occupancy of dwellings that itowns or operates for other than a commercial purpose topersons of the same religion; or
(2) giving preference to persons of the same religion, unlessmembership in the religion is restricted because of race, color,
or national origin.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-3-3
Rental or occupancy of lodging by private club not open to thepublic
Sec. 3. This article does not prohibit a private club not open to thepublic that, as an incident to the club's primary purpose, provideslodging that the club owns or operates for other than a commercialpurpose from limiting the rental or occupancy of that lodging to themembers or from giving preference to the members, unlessmembership in the club is restricted because of race, color, ornational origin.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-3-4
"Housing for older persons" defined; scope of term; criteria fordeterminations; inapplicable provisions
Sec. 4. (a) As used in this section, "housing for older persons"means housing that the commission determines is:
(1) specifically designed and operated to assist elderly personsunder a federal or state program;
(2) intended for and solely occupied by persons at leastsixty-two (62) years of age; or
(3) intended and operated for occupancy by persons at leastfifty-five (55) years of age if the provisions of subsection (c) aremet.
(b) Housing does not fail to meet the requirements for housing forolder persons if:
(1) the unoccupied units are reserved for persons who meet theage requirements of subsection (a)(2) or (a)(3); or
(2) the occupants who do not meet the age requirements ofsubsection (a)(2) or (a)(3) have resided in the housing sinceSeptember 13, 1988, or an earlier date, and the persons whobecame occupants after September 13, 1988, meet the agerequirements of subsection (a)(2) or (a)(3).
(c) To be considered housing for older persons under subsection(a)(3), a housing facility or community must meet the followingprovisions:
(1) At least eighty percent (80%) of the occupied units areoccupied by at least one (1) person who is at least fifty-five (55)years of age.
(2) The housing facility or community publishes and adheres topolicies and procedures that demonstrate an intent to operatehousing for persons who are at least fifty-five (55) years of age.
(3) The housing facility or community complies with rulesadopted by the civil rights commission under IC 4-22-2 forverification of occupancy that:
(A) provide for verification by reliable surveys andaffidavits; and (B) include examples of the types of policies and proceduresrelevant to determine compliance with subdivision (2).
(d) The surveys and affidavits used to verify occupancy undersubsection (c)(3)(A) are admissible in an administrative or a judicialproceeding to verify occupancy.
(e) The provisions of IC 22-9.5-1-2 relating to familial status donot apply to housing for older persons.
As added by P.L.66-1990, SEC.2. Amended by P.L.111-1992, SEC.6;P.L.89-2003, SEC.1.
IC 22-9.5-3-5
Factors considered by real property appraisers
Sec. 5. This article does not prohibit a person engaged in thebusiness of furnishing appraisals of real property from taking intoconsideration factors other than race, color, religion, sex, disability,familial status, or national origin.
As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993,SEC.140.
IC 22-9.5-3-6
Local or state restrictions
Sec. 6. (a) This article does not affect a reasonable local or staterestriction on the maximum number of occupants permitted tooccupy a dwelling or restriction relating to health or safety standards.
(b) This article does not affect a requirement of nondiscriminationin any other state or federal law.
As added by P.L.66-1990, SEC.2.