Key Takeaways
- Indiana Civil Rights Law (IC 22-9.5) prohibits discrimination in housing with protections aligning with federal law
- Indiana recognizes the same protected classes as federal fair housing law
- The Indiana Civil Rights Commission (ICRC) enforces state fair housing laws
- Complaints must be filed within 1 year of the alleged discriminatory act
- Penalties include actual damages, civil penalties, injunctive relief, and attorney fees
Indiana Fair Housing Laws
Indiana has its own civil rights law that prohibits discrimination in housing.
Indiana Civil Rights Law
The Indiana Civil Rights Law (IC 22-9.5) prohibits discrimination in housing based on:
| Protected Class | Federal | Indiana |
|---|---|---|
| Race | Yes | Yes |
| Color | Yes | Yes |
| Religion | Yes | Yes |
| Sex | Yes | Yes |
| National Origin | Yes | Yes |
| Disability (Handicap) | Yes | Yes |
| Familial Status | Yes | Yes |
Note: Some local jurisdictions in Indiana may provide additional protections.
Indiana Civil Rights Commission (ICRC)
The ICRC is responsible for:
- Investigating fair housing complaints
- Mediating disputes
- Taking enforcement action
- Coordinating with HUD
- Education and outreach
Filing a Complaint
| Requirement | Detail |
|---|---|
| Time Limit | Within 1 year of discriminatory act |
| Filing Location | ICRC or HUD |
| Investigation | ICRC investigates complaint |
| Resolution | Conciliation, hearing, or court |
Prohibited Acts
Under Indiana law, it is illegal to:
- Refuse to sell or rent based on protected class
- Discriminate in terms of housing
- Make discriminatory statements in advertising
- Represent unavailability when housing is available
- Blockbusting - Inducing panic selling
- Steering - Directing to/from certain areas
- Discriminatory lending - Unequal loan terms
Penalties for Violations
Civil Penalties
| Offense | Maximum Penalty |
|---|---|
| First violation | $11,000 |
| Second violation (within 5 years) | $27,500 |
| Third or more (within 7 years) | $55,000 |
Additional Remedies
Courts may also award:
- Actual damages - Out-of-pocket losses
- Compensatory damages - Pain and suffering
- Punitive damages - For intentional discrimination
- Injunctive relief - Orders to stop discrimination
- Attorney's fees - Reasonable legal costs
Exemptions
Limited exemptions exist under Indiana law:
| Exemption | Conditions |
|---|---|
| Owner-occupied small building | 4 or fewer units, owner lives there |
| Single-family home (FSBO) | No broker, no discriminatory advertising |
| Religious organizations | For members (race cannot be restricted) |
| Private clubs | For members only |
| Senior housing | Meets 55+ or 62+ requirements |
Important: Even with exemptions, discriminatory advertising is NEVER allowed, and real estate licensees cannot participate in discrimination.
Advertising Requirements
All real estate advertising must:
- Use the Equal Housing Opportunity logo or statement
- Avoid discriminatory language
- Not express preferences for protected classes
Words/Phrases to Avoid
| Avoid | Why |
|---|---|
| "Perfect for families" | Familial status |
| "Ideal for retirees" | Age/familial status |
| "Christian neighborhood" | Religion |
| "American-born preferred" | National origin |
Agent Responsibilities
Indiana licensed agents must:
- Treat all parties equally
- Display fair housing poster
- Use fair housing language
- Report discriminatory instructions
- Refuse discriminatory directives
Key Rule: If a client gives discriminatory instructions, the agent must refuse AND may need to terminate the relationship.
What agency enforces state fair housing laws in Indiana?
Within what time period must a fair housing complaint be filed in Indiana?