ORDINANCE NO. 10-16

FAIR HOUSING ORDINANCE

PORTER COUNTY BOARD OF

COMMISSIONERS

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, et. seq., the provision herein 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 BOARD OF COMMISSIONERS OF PORTER COUNTY, INDIANA, AS FOLLOWS:

Section 14.04.010 POLICY STATEMENT

It shall be the policy of Porter County 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, and Indiana Code 22-9.5 et.seq.

Section 14.04.020 DEFINITIONS

The definitions set forth in this Section shall apply throughout this Ordinance.:

Aggrieved Person: 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.

Commission: The Indiana Civil Rights Commission created pursuant to I.C. 22-9-1-4, et. seq.

Complainant: A person, including the Commission, who files a complaint under I.C. 22-9.5-6.

Disabled/handicap: 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;

3. Being regarded as having such an impairment;

4. An impairment described or defined pursuant to the Federal Americans with Disabilities Act of 1990, or

5. Any other impairment defined under I.C. 22-9.5-2-10.

6. The term disabled/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; nor does the term handicap include an individual solely because that individual is a transvestite.

Discriminatory Housing Practice: An act that is unlawful under Sections .040; .050; .060; .070 or .080 of this Ordinance or I.C. 22-9.5-5.

Dwelling: Means any building, structure, or part 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 (1) or more families.

Familial Status:

(1) One or more individuals who have not attained the age of 18 years being domiciled with a parent or another person having legal custody of such individual or the written permission of such parent or another person.

(2) 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 18 years.

Family: Includes a single individual with the status of such family being further

defined under “Familial Status”. (I.C. 22-9.5-2-9).

Person: 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.

To Rent: Includes to lease, to sublease, to let and otherwise to grant for a consideration the rights to occupy the premises owned by the occupant.

Section 14.04.030 UNLAWFUL PRACTICES

Subject to the provisions of Section (B) of this Section, Section 14.040.090 (Exemptions) 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 14.040.040 of this Ordinance shall apply to:

(A) All dwellings except as exempted by Section (B) and Title 22-9.5-3 of Indiana Code.

(B) Other than the provisions of Section (C) of this Section, nothing in Section 14.040.040 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 private individual owner not residing in the house at the time of sale or exemption shall apply only to one such sale within any twenty-four (24) 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 of any real estate broker, agent or salesman, or a 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 subsection 4.3 of this Ordinance, but nothing 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 if the owner actually maintains and occupies one such living quarters in the residence.

(C) For the purposes of Section (B), a person shall be deemed to be in the business of selling or renting dwellings if:

(1) The person has, within the preceding twelve (12) months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

(2) The person has, within the preceding twelve (12) 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) The person is the owner of any dwelling unit designed or intended for occupancy by, occupied by, five (5) or more families.

Section 14.040.040 DISCRIMINATION IN THE SALE OR RENTAL OF

HOUSING

As made applicable by Section 14.040.030 and except as exempted by 14.040.030(B) and 14.040.090, (Exemptions) 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, otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status or national origin.

(B) To discriminate against any person in terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services of facilities in connection therewith, because of race, color, religion, sex, handicap, familial status or 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.

(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) To discriminate as set forth in this division (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 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 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 section, 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, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted;

(b) 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, 1998, a failure to design and construct those dwellings in such manner that:

(1) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons:

(2) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

(3) All premises within such dwellings contain the following features of adaptive design; an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; reinforcements in bathrooms such that an individual in a wheelchair can maneuver about the space, and useable kitchen and bathroom 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 the American National Standard for Buildings and Facilities providing accessibility and usability for physically handicapped people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of the above paragraph. (3)(c)(3).

(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 14.040.050 DISCRIMINATION IN RESIDENTIAL REAL ESTATE-

RELATED TRANSACTIONS

(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

(b) Secured by residential real estate;

(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, handicap, or familial status.

2. The selling, brokering or appraising of residential real property.

Section 14.040.060 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICE

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 of 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.

Section 14.040.070 INTERFERENCE, COERCION, OR INTIMIDATION

It shall be unlawful to coerce, intimidate, threaten, or interfere with nay 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 .030; 040; 050 and .060 of this Ordinance.

Section 14.040.080 PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES

A person may not coerce, intimidate, threaten, or interfere with any other person:

(1) In the exercise or enjoyment of any right granted or protected by this Ordinance, or

(2) Encourage another person, in the exercise of enjoyment of any right granted or protected by this Ordinance.

Section 14.040.090 EXEMPTIONS

(A) Exemptions defined or set forth under Title 22-9.5-3 et. seq. of Indiana Code shall be exempt from the provisions of this Ordinance to include those activities or organizations set forth under sections (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 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 lodging to its members or from giving preference to its members.

(C) Nothing in this Ordinance regarding familial status shall apply with respect to housing for older persons. As used in this Section, housing for older persons means housing:

(1) Provided under any state or federal program that the Secretary of the United States 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

(2) Intended for, and solely occupied by, persons 62 years of age or older; or

(3) Intended and operated for occupancy by at least one person 55 years of age or older per unit.

Section 14.040.100 ADMINISTRATIVE ENFORCEMENT

(A) Authority and responsibility for properly administering this Ordinance and referral of complaints hereunder to the Commission as set forth under Section (B) below shall be vested in the Porter County Plan Commission.

(B) Notwithstanding the provisions of I.C. 22-9.5-4-8, Porter County, Indiana because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under the Ordinance, herein elects to refer all formal complaints of violation of the articles of this Ordinance by complainants to the Indiana Civil Rights Commission for administrative enforcement actions pursuant to Title 22-9.5-6 of Indiana Code and the Porter County Plan Commission, shall refer all said complaints to the Commission as provided for under division (A) of this Section for purposes of investigation, resolution and appropriate relief as provided for under Title 22-9.5-6 of Indiana Code.

(C) All executive departments and agencies of Porter County, 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 Porter County Plan Commission and the Commission to further such purposes.

(D) The Board of Commissioners of Porter County, Indiana, encourages civil rights complaints be filed directly with the Indiana Civil Rights Commission which has an online complaint form available at in.gov/irrc/. The Indiana Civil Rights Commission can be reached toll free at 800-628-2909 or mail at 100 North Senate Avenue, Indiana Government Center North, Room N103, Indianapolis, Indiana 46204. Should, for any reason, an aggrieved person or complainant requesting information require personal assistance in filing a complaint or requesting information, the Office of the Porter County Plan Commission, or its director, may be contacted for assistance.

Section 14.040.101 SEPARABILITY OF PROVISIONS

If any provision of this Ordinance or the application thereof to any person or circumstance 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.

This ordinance passed and adopted this 7 day of December, 2010.

BOARD OF COMMISSIONERS

PORTER COUNTY, INDIANA

Robert P. Harper

John A. Evans

Carole M. Knoblock

Attest: James K. Kopp, Auditor

(December 10, 2010)