§ 22-9.5-5-5 — Discrimination based upon disability; scope of term; definitions; compliance with safety rules

Indiana § 22-9.5-5-5

• Jurisdiction: Indiana
• Art. 9.5: INDIANA FAIR HOUSING
• Ch. 5: Discrimination Prohibited

Text

(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.

Legislative History

As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993, SEC.145.