Indiana Fair Housing Act

The purposes of this article are the following:

(1) To provide for fair housing practices in Indiana.

(2) To create a procedure for investigating and settling complaints of discriminatory housing practices.

(3) To provide rights and remedies substantially equivalent to those granted under federal law.

As added by P.L.66-1990, SEC.2.

Under this article, a discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is:

(1) pregnant;

(2) domiciled with an individual younger than eighteen (18) years of age in regard to whom the person:

(A) is the parent or legal custodian; or

(B) has the written permission of the parent or legal custodian for domicile with that person; or

(3) in the process of obtaining legal custody of an individual younger than 18 years of age.

As added by P.L.66-1990, SEC.2.

The definitions in this chapter apply throughout this article.

As added by P.L.66-1990, SEC.2.

"Aggrieved person" includes any person who:

(1) claims to have been injured by a discriminatory housing practice; or

(2) believes that the person will be injured by a discriminatory housing practice that is about to occur.

As added by P.L.66-1990, SEC.2.

"Commission" refers to the civil rights commission or to a local agency designated by an ordinance adopted under IC 22-9.5-4-1.

As added by P.L.66-1990, SEC.2. Amended by P.L.111-1992, SEC.5.

"Complainant" means a person, including the commission, who files a complaint under IC 22-9.5-6.

As added by P.L.66-1990, SEC.2.

"Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent, and the commission.

As added by P.L.66-1990, SEC.2.

"Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.

As added by P.L.66-1990, SEC.2.

"Discriminatory housing practice" means an act prohibited by IC 22-9.5-5.

As added by P.L.66-1990, SEC.2.

"Dwelling" means:

(1) any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one (1) or more families; or

(2) any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by subdivision (1).

As added by P.L.66-1990, SEC.2.

"Family" includes a single individual.

As added by P.L.66-1990, SEC.2.

As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993, SEC.139. Repealed by P.L.99-2007, SEC.224.

"Person" means one (1) or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11, receivers, and fiduciaries.

As added by P.L.66-1990, SEC.2. Amended by P.L.8-1993, SEC.294.

"Respondent" means:

(1) the person accused of a violation of this article in a complaint of discriminatory housing practice; or

(2) any person identified as an additional or a substitute respondent under IC 22-9.5-6-4 or an agent of an additional or a substitute respondent.

As added by P.L.66-1990, SEC.2.

"To rent" includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

As added by P.L.66-1990, SEC.2.

(a) Subject to subsection (b), IC 22-9.5-5 does not apply to the following:

(1) The sale or rental of a single-family house sold or rented by an owner if:

(A) the owner does not:

(i) own more than three (3) single-family houses at any one (1) time; or

(ii) own any interest in, nor is there owned or reserved on the owner's behalf, under any express or voluntary agreement, title to, or any right to any part of the proceeds from the sale or rental of more than three (3) single-family houses 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 a real estate broker, an agent, or a salesman licensed under IC 25-34.1, or of an employee or agent of a licensed broker, an agent, or a salesman, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five (5) or more families; or

(ii) the publication, posting, or mailing of a notice, a statement, or an advertisement prohibited by IC 22-9.5-5-2.

(2) The sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner maintains and occupies one (1) of the living quarters as the owner's residence.

(b) The exemption in subsection (a)(1) applies to only one (1) sale or rental in a twenty-four (24) month period if the owner was not the most recent resident of the house at the time of the sale or rental.

As added by P.L.66-1990, SEC.2.

This article does not prohibit a religious organization, an association, or a society or a nonprofit institution or an organization operated, supervised, or controlled by or in conjunction with a religious organization, an association, or a society from:

(1) limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or

(2) giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color, or national origin.

As added by P.L.66-1990, SEC.2.

This article does not prohibit a private club not open to the public that, as an incident to the club's primary purpose, provides lodging that the club owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to the members or from giving preference to the members, unless membership in the club is restricted because of race, color, or national origin.

As added by P.L.66-1990, SEC.2.

(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 persons under a federal or state program;

(2) intended for and solely occupied by persons at least sixty-two (62) years of age; or

(3) intended and operated for occupancy by persons at least fifty-five (55) years of age if the provisions of subsection (c) are met.

(b) Housing does not fail to meet the requirements for housing for older persons if:

(1) the unoccupied units are reserved for persons who meet the age requirements of subsection (a)(2) or (a)(3); or

(2) the occupants who do not meet the age requirements of subsection (a)(2) or (a)(3) have resided in the housing since September 13, 1988, or an earlier date, and the persons who became occupants after September 13, 1988, meet the age requirements 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 following provisions:

(1) At least eighty percent (80%) of the occupied units are occupied 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 to policies and procedures that demonstrate an intent to operate housing for persons who are at least fifty-five (55) years of age.

(3) The housing facility or community complies with rules adopted by the civil rights commission under IC 4-22-2 for verification of occupancy that:

(A) provide for verification by reliable surveys and affidavits; and

(B) include examples of the types of policies and procedures relevant to determine compliance with subdivision (2).

(d) The surveys and affidavits used to verify occupancy under subsection (c)(3)(A) are admissible in an administrative or a judicial proceeding to verify occupancy.

(e) The provisions of IC 22-9.5-1-2 relating to familial status do not 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.

This article does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration 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.

(a) This article does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or restriction relating to health or safety standards.

(b) This article does not affect a requirement of nondiscrimination in any other state or federal law.

As added by P.L.66-1990, SEC.2.

(a) Except as provided in subsection (b), the civil rights commission shall administer this article.

(b) A city, town, or county that has established or designated a local agency under IC 22-9-1-12.1 may adopt an ordinance or ordinances designating that local agency to administer this article within the territorial jurisdiction of the city, town, or county. A city or town may adopt such an ordinance or ordinances jointly with any other city or town located in the same county or jointly with that county. A local agency designated under this subsection has no jurisdiction over the state or any state agency (as defined in IC 22-9-1-12.1).

As added by P.L.66-1990, SEC.2. Amended by P.L.111-1992, SEC.7.

The commission may adopt rules under IC 4-22-2 necessary to implement this article.

As added by P.L.66-1990, SEC.2.

As provided by IC 22-9.5-6, the commission shall receive, investigate, seek to conciliate, and act on complaints alleging violations of this article.

As added by P.L.66-1990, SEC.2.

The commission may, by rule, authorize the director of the commission to exercise the commission's powers or perform the commission's duties under this article.

As added by P.L.66-1990, SEC.2.

(a) The commission shall, at least annually, publish a written report recommending legislative or other action to carry out the purposes of this article.

(b) The commission shall make studies relating to the nature and extent of discriminatory housing practices in Indiana.

As added by P.L.66-1990, SEC.2.

The commission shall cooperate with and, as appropriate, may provide technical and other assistance to federal, state, local, and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices.

As added by P.L.66-1990, SEC.2.

(a) The commission may issue subpoenas and order discovery as provided by this section in aid of investigations and hearings under this article.

(b) Subpoenas and discovery in aid of investigations may be ordered to the same extent and are subject to the same limitations as subpoenas and discovery in a civil action in a circuit court. Subpoenas and discovery in aid of hearings are subject to IC 4-21.5.

As added by P.L.66-1990, SEC.2.

The commission may defer proceedings under this article and refer a complaint to a municipality that has been recognized by the United States Department of Housing and Urban Development as having adopted ordinances providing fair housing rights and remedies that are substantially equivalent to the rights and remedies granted under federal law.

As added by P.L.66-1990, SEC.2.

The commission may accept gifts and grants from any public or private source for the purpose of administering this article.

As added by P.L.66-1990, SEC.2.

(a) A person may not refuse to sell or to rent after the making of a bona fide offer, 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, disability, or national origin.

(b) A person may not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling, because of race, color, religion, sex, familial status, disability, or national origin.

(c) This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.

As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993, SEC.141.

A person may not 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, disability, familial status, or national origin, or an intention 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.

A person may not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection.

As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993, SEC.143.

A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular 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.144.

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 5. (a) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of:

(1) the buyer or renter;

(2) a person residing in or intending to reside in the dwelling after 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 the provision of services or facilities in connection with the dwelling because of a disability of:

(1) the person;

(2) a person residing in or intending to reside in the dwelling after 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 the following:

(1) A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises.

(2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling.

(3) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that:

(A) the public use and common use parts of the dwellings are readily accessible to and usable by persons with disabilities;

(B) all the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and

(C) all premises within the dwellings contain the following features 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 later installation of grab bars.

(iv) Usable kitchens and bathrooms so that an individual in 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 buildings have 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 building safety commission that incorporate by reference the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for people with physical disabilities (ANSI A117.1) satisfies the requirements of subsection (c)(3)(C).

(f) This section does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in 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.

(a) As used in this section, "residential real estate related transaction" means the following:

(1) Making or purchasing loans or providing other financial assistance:

(A) to purchase, construct, improve, repair, or maintain a dwelling; or

(B) to secure residential real estate.

(2) Selling, brokering, or appraising residential real property.

(b) A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms or conditions 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.

A person may not deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating 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, or facility 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.147.

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 chapter; or

(2) because the person has exercised or enjoyed, or has encouraged another person in the exercise or enjoyment of, any right granted or protected by this chapter.

As added by P.L.66-1990, SEC.2.

(a) The commission shall investigate alleged discriminatory housing practices.

(b) A complaint concerning an alleged discriminatory housing practice must be:

(1) in writing;

(2) under oath; and

(3) in the form prescribed by the commission.

(c) An aggrieved person may, not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, file a complaint with the commission alleging the discriminatory housing practice.

(d) Not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, the commission may file the commission's own complaint.

(e) A complaint under this section may be amended at any time.

(f) When a complaint is filed under this section, the commission shall do the following:

(1) Give the aggrieved person notice that the complaint has been received.

(2) Advise the aggrieved person of the time limits and choice of forums under this article.

(3) Not later than twenty (20) days after the filing of the complaint or the identification of an additional respondent under section 4 of this chapter, serve on each respondent:

(A) a notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this article; and

(B) a copy of the original complaint.

As added by P.L.66-1990, SEC.2.

(a) Not later than ten (10) days after receipt of the notice and copy under section 1(f)(3) of this chapter, a respondent may file an answer to the complaint.

(b) An answer must be:

(1) in writing;

(2) under oath; and

(3) in the form prescribed by the commission.

(c) An answer may be amended at any time.

(d) An answer does not inhibit the investigation of a complaint.

As added by P.L.66-1990, SEC.2.

(a) If the federal government has referred a complaint to the commission or has deferred jurisdiction over the subject matter of the complaint to the commission, the commission shall promptly investigate the allegations set forth in the complaint.

(b) The commission shall investigate all complaints, and except as provided by subsection (c), shall complete an investigation not later than one hundred (100) days after the date the complaint is filed, or if the commission is unable to complete the investigation within the one hundred (100) day period, shall dispose of all administrative proceedings related to the investigation not later than one (1) year after the date the complaint is filed.

(c) If the commission is unable to complete an investigation within the time periods prescribed by subsection (b), the commission shall notify the complainant and the respondent in writing of the reasons for the delay.

As added by P.L.66-1990, SEC.2.

(a) The commission may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation the commission determines that the person should be accused of a discriminatory housing practice.

(b) In addition to the information required in the notice under section 1(f)(3) of this chapter, the commission shall include in a notice to a respondent joined under this section an explanation of the basis for the determination that the person is properly joined as a respondent.

As added by P.L.66-1990, SEC.2.

(a) The commission shall, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the commission, to the extent feasible, engage in conciliation with respect to the complaint.

(b) A conciliation agreement is an agreement between a respondent and the complainant and is subject to commission approval.

(c) A conciliation agreement may provide for binding arbitration or other methods of dispute resolution. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary relief.

(d) A conciliation agreement shall be made public unless the complainant and respondent agree otherwise and the commission determines that disclosure is not necessary to further the purposes of this article.

(e) Nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding under this article without the written consent of the persons concerned.

(f) After completion of the commission's investigation, the commission shall make available to the aggrieved person and the respondent, at any time, information derived from the investigation and the final investigation report relating to that investigation.

As added by P.L.66-1990, SEC.2.

(a) If the commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this article, the commission may file a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint in a circuit or superior court that is located in the county in which the alleged discriminatory housing practice occurred.

(b) A temporary restraining order or other order granting preliminary or temporary relief under this section is governed by the Indiana Rules of Trial Procedure.

(c) The filing of a civil action under this section does not affect the initiation or continuation of administrative proceedings under section 14 of this chapter.

(d) The commission may not represent a private individual in an action filed under this section.

As added by P.L.66-1990, SEC.2. Amended by P.L.83-2026, SEC.5.

(a) The commission shall prepare a final investigative report showing the following:

(1) The names and dates of contacts with witnesses.

(2) A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts.

(3) A summary description of other pertinent records.

(4) A summary of witness statements.

(5) Answers to interrogatories.

(b) A final report under this section may be amended if additional evidence is discovered.

As added by P.L.66-1990, SEC.2.

(a) The commission shall determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur.

(b) The commission shall make the determination under subsection (a) not later than one hundred (100) days after the date a complaint is filed unless:

(1) it is impracticable to make the determination; or

(2) the commission has approved a conciliation agreement relating to the complaint.

(c) If it is impracticable to make the determination within the time period provided by subsection (b), the commission shall notify the complainant and respondent in writing of the reasons for the delay.

(d) If the commission determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission shall immediately issue a finding of reasonable cause on behalf of the aggrieved person.

As added by P.L.66-1990, SEC.2.

(a) A finding of reasonable cause issued under section 8 of this chapter:

(1) must consist of a short and plain statement of the facts on which the commission has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur;

(2) must be based on the final investigative report; and

(3) need not be limited to the facts or grounds alleged in the complaint.

(b) Not later than twenty (20) days after the commission issues a finding of reasonable cause, the commission shall send a copy of the finding of reasonable cause with information concerning the election under section 12 of this chapter to the following:

(1) Each respondent, together with a notice of the opportunity for a hearing provided by section 14 of this chapter.

(2) Each aggrieved person on whose behalf the complaint was filed.

As added by P.L.66-1990, SEC.2. Amended by P.L.1-1991, SEC.153.

(a) If the commission determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission shall promptly dismiss the complaint.

(b) The commission shall make public disclosure of each dismissal under this section.

As added by P.L.66-1990, SEC.2.

The commission may not issue a finding of reasonable cause under this chapter regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or state law seeking relief with respect to that discriminatory housing practice.

As added by P.L.66-1990, SEC.2.

(a) A complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in a finding of reasonable cause decided in a civil action as provided by section 13 of this chapter.

(b) The election must be made not later than twenty (20) days after the date of receipt by the electing person of service under section (9)(b) of this chapter or, in the case of the commission, not later than twenty (20) days after the date the finding of reasonable cause was issued.

(c) The person making the election shall give notice to the commission and to all other complainants and respondents to whom the finding of reasonable cause relates.

As added by P.L.66-1990, SEC.2.

(a) If a timely election is made under section 12 of this chapter, the complainant shall, not later than thirty (30) days after the election is made, file a civil action seeking relief under this section in a circuit or superior court that is located in the county in which the alleged discriminatory housing practice occurred.

(b) An aggrieved person may intervene in the action.

(c) If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief that a court may grant in a civil action under IC 22-9.5-7.

(d) If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court may not award the monetary relief if that aggrieved person has not complied with discovery orders entered by the court.

As added by P.L.66-1990, SEC.2. Amended by P.L.11-2023, SEC.77; P.L.83-2026, SEC.6.

(a) If a timely election is not made under section 12 of this chapter, the commission shall provide for a hearing on the finding of reasonable cause.

(b) Except as provided by subsection (c), IC 4-21.5 governs a hearing under this section.

(c) A hearing under this section may not continue regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under federal or state law seeking relief with respect to that discriminatory housing practice.

(d) IC 22-9.5-11 governs an appeal of a final order issued under this article.

As added by P.L.66-1990, SEC.2. Amended by P.L.14-1994, SEC.8.

(a) If the commission determines at a hearing under section 14 of this chapter that a respondent has engaged in or is about to engage in a discriminatory housing practice, the commission may order the appropriate relief, including actual damages, reasonable attorney's fees, court costs, and other injunctive or equitable relief.

(b) To vindicate the public interest, the commission may assess a civil penalty against the respondent in an amount that does not exceed the following:

(1) Ten thousand dollars ($10,000) if the respondent has not been adjudged by order of the commission or a court to have committed a prior discriminatory housing practice.

(2) Except as provided by subsection (c), twenty-five thousand dollars ($25,000) if the respondent has been adjudged by order of the commission or a court to have committed one (1) other discriminatory housing practice during the five (5) year period ending on the date of the filing of the finding of reasonable cause.

(3) Except as provided by subsection (c), fifty thousand dollars ($50,000) if the respondent has been adjudged by order of the commission or a court to have committed two (2) or more discriminatory housing practices during the seven (7) year period ending on the date of the filing of the finding of reasonable cause.

(c) If the acts constituting the discriminatory housing practice that is the object of the finding of reasonable cause are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in subsection (b)(2) and (b)(3) may be imposed without regard to the period of time within which any other discriminatory housing practice occurred.

(d) The commission may sue to recover a civil penalty due under this section.

As added by P.L.66-1990, SEC.2.

A commission order under section 15 of this chapter does not affect a contract, a sale, an encumbrance, or a lease that:

(1) was consummated before the commission issued the order; and

(2) involved a bona fide purchaser, an encumbrancer, or a tenant who did not have actual notice of the finding of reasonable cause filed under this article.

As added by P.L.66-1990, SEC.2. Amended by P.L.1-1991, SEC.154.

If the commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the commission shall, not later than thirty (30) days after the date of the issuance of the order:

(1) send copies of the findings and the order to the governmental agency; and

(2) recommend to the governmental agency appropriate disciplinary action.

As added by P.L.66-1990, SEC.2.

If the commission issues an order against a respondent against whom another order was issued within the preceding five (5) years under section 15 of this chapter, the commission shall send a copy of each order issued under that section to the attorney general.

As added by P.L.66-1990, SEC.2.

(a) An aggrieved person may file a civil action in the circuit or superior court located in the county in which the alleged discriminatory practice occurred not later than one (1) year after the occurrence of the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or breach.

(b) The one (1) year period does not include any time during which an administrative hearing under this article is pending with respect to a complaint or finding of reasonable cause under this article based on the discriminatory housing practice. This subsection does not apply to actions arising from a breach of a conciliation agreement.

(c) An aggrieved person may file an action under this section whether or not a complaint has been filed under IC 22-9.5-6 and without regard to the status of any complaint filed under IC 22-9.5-6.

(d) If the commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the agreement.

(e) An aggrieved person may not file an action under this section with respect to an alleged discriminatory housing practice that forms the basis of a finding of reasonable cause issued by the commission if the commission has begun a hearing on the record under this article with respect to the finding of reasonable cause.

(f) The commission may not represent the aggrieved person in a civil action filed under this section.

As added by P.L.66-1990, SEC.2. Amended by P.L.83-2026, SEC.7.

If the court finds that a discriminatory housing practice has occurred or is about to occur in an action under this chapter, the court may award to the prevailing party the following:

(1) Actual and punitive damages.

(2) Reasonable attorney's fees.

(3) Court costs.

(4) Subject to section 3 of this chapter, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or ordering appropriate affirmative action.

As added by P.L.66-1990, SEC.2.

Relief granted under this chapter does not affect a contract, a sale, an encumbrance, or a lease that:

(1) was consummated before the granting of the relief; and

(2) involved a bona fide purchaser, an encumbrancer, or a tenant who did not have actual notice of the filing of a complaint or a civil action under this article.

As added by P.L.66-1990, SEC.2.

(a) The commission may intervene in an action under this article if the commission determines that the case is of general public importance.

(b) The commission may obtain the same relief available to the commission under IC 22-9.5-8.1-2.

As added by P.L.66-1990, SEC.2. Amended by P.L.1-1991, SEC.155.

(a) The commission may file a civil action for appropriate relief if the commission has reasonable cause to believe that:

(1) a person is engaged in a pattern or practice of resistance to the full enjoyment of any right granted by this article; or

(2) a person has been denied any right granted by this article and that denial raises an issue of general public importance.

An action under this section may be filed in a circuit or superior court located in the county in which the alleged pattern, practice, or denial occurred.

(b) The commission may only represent the state in a civil action filed under this section.

As added by P.L.1-1991, SEC.157. Amended by P.L.83-2026, SEC.8.

In an action filed under section 1 of this chapter, the court may do the following:

(1) Award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this article as necessary to assure the full enjoyment of the rights granted by this article.

(2) Award reasonable attorney's fees and court costs.

(3) To vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed the following:

(A) Fifty thousand dollars ($50,000) for a first violation.

(B) One hundred thousand dollars ($100,000) for a second or subsequent violation.

As added by P.L.1-1991, SEC.157. Amended by P.L.83-2026, SEC.9.

A person may intervene in an action filed under section 1 of this chapter if the person is:

(1) an aggrieved person to the discriminatory housing practice; or

(2) a party to a conciliation agreement concerning the discriminatory housing practice.

As added by P.L.1-1991, SEC.157.

The attorney general, on behalf of the commission or other party at whose request a subpoena is issued under this chapter, may enforce the subpoena in appropriate proceedings in the court in which the action is filed.

As added by P.L.111-1992, SEC.8.

(a) A court in a civil action brought under this article or the commission in an administrative hearing under IC 22-9.5-6-14 may award reasonable attorney's fees to the prevailing party and assess court costs against the nonprevailing party.

(b) IC 4-21.5-3-27.5(b) and IC 4-21.5-3-27.5(c) (attorney's fee awards in judicial review cases) do not apply to a civil action brought in a trial court.

As added by P.L.66-1990, SEC.2. Amended by P.L.1-1991, SEC.158; P.L.83-2026, SEC.10.

A person commits a Class A misdemeanor if the person, whether or not acting under color of law, by force or threat of force intentionally intimidates or interferes with or attempts to intimidate or interfere with a person:

(1) because of the person's race, color, religion, sex, disability, familial status, or national origin and because the person 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 a service, organization, or facility relating to the business of selling or renting dwellings; or

(2) because the person is or has been, or to intimidate the person from:

(A) participating, without discrimination because of race, color, religion, sex, disability, familial status, or national origin, in an activity, a service, an organization, or a facility described in subdivision (1);

(B) affording another person opportunity or protection to participate in an activity, a service, an organization, or a facility described in subdivision (1); or

(C) lawfully aiding or encouraging other persons to participate, without discrimination because of race, color, religion, sex, disability, familial status, or national origin, in an activity, a service, an organization, or a facility described in subdivision (1).

As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993, SEC.148.

The addition of this chapter by P.L.14-1994 affects final appealable orders issued by the commission on or after July 1, 1994.

As added by P.L.220-2011, SEC.371.

Either party to a dispute filed under IC 22-9.5 may, not more than thirty (30) days after the date of receipt of the commission's final appealable order, appeal to the court of appeals under the same terms, conditions, and standards that govern appeals in ordinary civil actions.

As added by P.L.14-1994, SEC.9.

(a) The appealing party shall notify the commission in writing of the party's intent to appeal and shall request the commission to prepare a record of the commission's proceedings to be used to perfect an appeal. The record consists of the following documents used, created, or presented during the administrative proceedings:

(1) A transcript of the oral testimony.

(2) The exhibits admitted into evidence.

(3) All notices, pleadings, exceptions, motions, requests, and other papers filed with the commission with the exception of briefs or oral arguments of law.

(b) The cost of producing the record for appeal must be borne by the party bringing the appeal. The commission may require the deposit of reasonable security for the payment of the cost before producing the record.

As added by P.L.14-1994, SEC.9.

A person may file an appeal under this chapter only after exhausting all administrative remedies available within the agency whose action is being appealed.

As added by P.L.14-1994, SEC.9.