HomeMy WebLinkAbout1993-OR-24 FAIR HOUSING ORDINANCE
GENERAL ORDINANCE ~~, 1993
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 JEFFERSONVILLE, INDIANA AS FOLLOWS:
Section 1. OLICY ST TEME T
It shall be the policy of the City of Jeffersonville 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, 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.
(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 right to occupy the premises owned by the occupant.
(e) "Discriminatory Housing
is unlawful under Sections 4, 5,
or I.C. 22-9.5-5.
Practice" means an act that
6, 7 or 8 of this Ordinance
(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.
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The term "handicap" shall 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 [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) "Aggrieved person" includes any person who (I.C.
22-9.5-202):
(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.
(who
with:
(h) "Familial status" 'means one or more individuals
have not attained the age of 18 years) being domiciled
(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
this 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 Co~unission created pursuant to I.C. 22-9-1-4,
et. seq. ~
(J)
including
22-9.5-6.
"Complainant" (I.C. 22-9.5-2-4) means a person,
the Commission, who files a complaint under I.C.
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 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.
(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 of 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:
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(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, butnothing 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, ifthe
owner actually maintains and occupies one of such living
quarters as his residence.
(c) For the purpose of subsection (b), a person shall be
deemed to be in the business of selling or renting dwellings
if:
(1) he 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) he has, within
the preceding twelve 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) he is the owner of any dwelling unit designed or
intended for occupancy by, five or more families.
Section 4. DISCRIMINATION IN THE SALE OR RENTAL OF
HOUSING:
As made applicable by section 3 and except as exempted
by sections 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,
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 or facilities in connection
therewith, because of race, color, religion, sex, 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.
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(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)(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 handicap of..
(A) that buyer or renter;
a person residing in or intending to reside in
that 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,
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:
(A) that person; or
(B) a person residing in or intending to reside in
that dwelling after it is so 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
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 modification,
reasonable wear and tear excepted;
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
(c)
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, 1988, a failure to design
and construct those dwellings in such a manner
that
(i)
the public use and common use portions of
such dwellings are readily accessible to
and usable by handicapped persons;
(ii)
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 wheel-
chairs; and
(iii) all premises within such dwellings contain
the following features of adaptive design:
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(I) an accessible route into and through
the dwelling;
(II)
light, switches, electrical outlets,
thermostats, and other environmental
controls in accessible locations;
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 requirement
Americans with Disabilities Act of 1990 and of the America
National Standard for buildings and facilities providing
accessibility and usability for physically handicapped
people (commonly cited as "ANSI All7.1") 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 of whose tenancy would result in substantial
physical damage to the property of others.
Section 5. DISCRIMINATION
ESTATE-RELATED TRANSACTIONS:
IN RESIDENTIAL REAL
(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:
(A) for purchasing, constructing, improving,
repairing, or maintaining a dwelling; or
(c)
engaged
property to take into consideration factors other than race,
color, religion, national origin, sex, handicap, or familial
status. ~:
(B) secured by residential real estate.
(2) The selling, brokering, or appraising of
residential real property.
Nothing in this ordinance prohibits a person
in the business of furnishing appraisals of real
Section 6. DISCRIMINATION IN THE PROVISION OF BROKERAGE
SERVICES:
!il
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.
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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 color of law, by
force or threat of force willfully injures, intimidates or
interferes with, or attempts 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
(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:
participating, without discrimination on
account of race, color, religion, sex,
handicap, familial status, or national origin,
in any of the activities, services, organiza-
tions or facilities described in subsection
15(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 not more than
$1,000, or imprisoned not more than one year, or both; and
if bodily injury results shall be fined not more than
$10,000, or imprisoned for 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
22-9.5-2 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
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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 lodgings to its members or
from giving preference to its members.
(c)(1) Nothing in this ordinance regarding familial
status shall 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 of federal program
that the Secretary of the Federal Department
of the Federal Department of Housing and
Urban Development or the state civil rights
commission 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.
Section 10. ADMINISTRATIVE.ENFORCEMENT OF ORDINANCE:
(a) The authority and responsibility for properly
administering this Ordinance and referral of complaints
hereunder to the Commission as set forth in subsection (b)
hereof shall be vested in the Chief Executive Officer of the
City of Jeffersonville, Indiana.
(b) Notwithstanding the provisions of I.C. 22-9.5-4-8,
the city of Jeffersonville, Indiana, because of a lack of
financial and other resources necessary to fully administer
enforcement proceedings and possible civil actions under
this Ordinance, herein elects to refer all formal complaints
of violation of the articles of this Ordinance by
Complainants to the Indiana civil Rights Commission
("Commission") for administrative enforcement actions
pursuant to Title 22-9.5-6 of Indiana Code and the Chief
Elected Officer of the City of Jeffersonville, 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) Ail executive departments and agencies of the City
of Jeffersonville, 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 Executive officer and the Commission to further such
purposes.
(d) The Chief Executive Officer of the City of
Jeffersonville, Indiana, or the Chief Executive Officer's
designee, shall provide information on remedies available to
any aggrieved person or complainant requesting such
information.
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Section 12. 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.
CERTIFICATION OF ADOPTION
It is hereby
~ wa.s passed by
J~ff~rson.~le, Indiana,
certified that this Ordinance Number
the Common Council of the City of
at its legally convened meeting of
Presiding vOffioer '
Name: ~/~.~ ~-'~ ~/~. _ ~
Title: ~ ~_
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