CHAPTER 5. DISCRIMINATION PROHIBITED
IC 22-9.5-5
Chapter 5. Discrimination Prohibited
IC 22-9.5-5-1
Types of discrimination relating to sale or rental; conviction ofillegal manufacture or distribution of controlled substanceexcepted
Sec. 1. (a) A person may not refuse to sell or to rent after themaking of a bona fide offer, refuse to negotiate for the sale or rentalof, or otherwise make unavailable or deny a dwelling to any personbecause of race, color, religion, sex, familial status, disability, ornational origin.
(b) A person may not discriminate against any person in the terms,conditions, or privileges of sale or rental of a dwelling, or inproviding services or facilities in connection with the sale or rentalof a dwelling, because of race, color, religion, sex, familial status,disability, or national origin.
(c) This section does not prohibit discrimination against a personbecause the person has been convicted under federal law or the lawof any state of the illegal manufacture or distribution of a controlledsubstance.
As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993,SEC.141.
IC 22-9.5-5-2
Publication of notice or advertisement indicating intent todiscriminate
Sec. 2. A person may not make, print, or publish or cause to bemade, printed, or published any notice, statement, or advertisementwith respect to the sale or rental of a dwelling that indicates anypreference, limitation, or discrimination based on race, color,religion, sex, disability, familial status, or national origin, or anintention to make such a preference, limitation, or discrimination.
As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993,SEC.142.
IC 22-9.5-5-3
Inspection for sale; representation as to availability
Sec. 3. A person may not represent to any person because of race,color, religion, sex, disability, familial status, or national origin thata dwelling is not available for inspection for sale or rental when thedwelling is available for inspection.
As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993,SEC.143.
IC 22-9.5-5-4
Inducement, for profit, to sell or rent by representation of entryinto neighborhood of certain persons
Sec. 4. A person may not, for profit, induce or attempt to inducea person to sell or rent a dwelling by representations regarding the
entry or prospective entry into a neighborhood of a person of aparticular race, color, religion, sex, disability, familial status, ornational origin.
As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993,SEC.144.
IC 22-9.5-5-5
Discrimination based upon disability; scope of term; definitions;compliance with safety rules
Sec. 5. (a) A person may not discriminate in the sale or rental orotherwise make unavailable or deny a dwelling to any buyer or renterbecause of a disability of:
(1) the buyer or renter;
(2) a person residing in or intending to reside in the dwellingafter the dwelling is sold, rented, or made available; or
(3) any person associated with the buyer or renter.
(b) A person may not discriminate against any person in the terms,conditions, or privileges of sale or rental of a dwelling or in theprovision of services or facilities in connection with the dwellingbecause of a disability of:
(1) the person;
(2) a person residing in or intending to reside in the dwellingafter the dwelling is sold, rented, or made available; or
(3) any person associated with the person.
(c) For purposes of this section only, discrimination includes thefollowing:
(1) A refusal to permit, at the expense of the person with adisability, reasonable modifications of existing premisesoccupied or to be occupied by the person if the modificationsmay be necessary to afford the person full enjoyment of thepremises.
(2) A refusal to make reasonable accommodations in rules,policies, practices, or services, when the accommodations maybe necessary to afford the person equal opportunity to use andenjoy a dwelling.
(3) In connection with the design and construction of coveredmultifamily dwellings for first occupancy after March 13, 1991,a failure to design and construct those dwellings in a mannerthat:
(A) the public use and common use parts of the dwellingsare readily accessible to and usable by persons withdisabilities;
(B) all the doors are designed to allow passage into andwithin all premises within the dwellings and are sufficientlywide to allow passage by persons with disabilities inwheelchairs; and
(C) all premises within the dwellings contain the followingfeatures 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.
(iii) Reinforcements in bathroom walls to allow laterinstallation of grab bars.
(iv) Usable kitchens and bathrooms so that an individualin a wheelchair can maneuver about the space.
(d) As used in subsection (c), "covered multifamily dwellings"means:
(1) buildings consisting of four (4) or more units if the buildingshave one (1) or more elevators; and
(2) ground floor units in other buildings consisting of four (4)or more units.
(e) Compliance with the rules of the fire prevention and buildingsafety commission that incorporate by reference the appropriaterequirements of the American National Standard for buildings andfacilities providing accessibility and usability for people withphysical disabilities (ANSI A117.1) satisfies the requirements ofsubsection (c)(3)(C).
(f) This section does not require that a dwelling be made availableto an individual whose tenancy would constitute a direct threat to thehealth or safety of other individuals or whose tenancy would resultin substantial physical damage to the property of others.
As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993,SEC.145.
IC 22-9.5-5-6
"Residential real estate related transaction" defined;discrimination prohibited
Sec. 6. (a) As used in this section, "residential real estate relatedtransaction" means the following:
(1) Making or purchasing loans or providing other financialassistance:
(A) to purchase, construct, improve, repair, or maintain adwelling; or
(B) to secure residential real estate.
(2) Selling, brokering, or appraising residential real property.
(b) A person whose business includes engaging in residential realestate related transactions may not discriminate against a person inmaking a real estate related transaction available or in the terms orconditions of a real estate related transaction because of 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.146.
IC 22-9.5-5-7
Services, organizations, and facilities relating to the business ofselling or renting dwellings; discrimination prohibited
Sec. 7. A person may not deny any person access to, ormembership or participation in, a multiple-listing service, real estatebrokers' organization or other service, organization, or facilityrelating to the business of selling or renting dwellings, or
discriminate against a person in the terms or conditions of access,membership, or participation in such an organization, service, orfacility because of race, color, religion, sex, disability, familialstatus, or national origin.
As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993,SEC.147.
IC 22-9.5-5-8
Intimidation or interference with exercise of another's rights
Sec. 8. A person may not coerce, intimidate, threaten, or interferewith any other person:
(1) in the exercise or enjoyment of any right granted orprotected by this chapter; or
(2) because the person has exercised or enjoyed, or hasencouraged another person in the exercise or enjoyment of, anyright granted or protected by this chapter.
As added by P.L.66-1990, SEC.2.