Chapter 9.04
COUNTY FAIR HOUSING ORDINANCE
Sections:
9.04.040 Discrimination in the sale or rental of housing.
9.04.050 Discrimination in residential real estate related transactions.
9.04.060 Discrimination in the provision of brokerage services.
9.04.070 Interference, coercion or intimidation.
9.04.080 Administrative Enforcement of Ordinances.
9.04.100 Enforcement by Private Person.
9.04.110 Enforcement by Commission.
9.04.120 Seperability of Provisions.
9.04.140 Equal Access to Housing in HUD Programs.
9.04.010 Policy statement.
It shall be the policy of Vanderburgh County, Indiana, to provide, within constitutional limitations, for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968, as amended the federal Fair Housing Act (42 U.S.C. §3601, et seq.), as amended, the federal Fair Housing Act and Community Development Act of 1974, as amended, and Indiana Code 22-9.5-1 et seq.
(Amended 4/15/2008, 9.04.010, Added, 12/18/2000)
9.04.020 Definitions.
The following definitions set forth in this Section shall apply throughout this ordinance:
A. “Commission” shall mean the Evansville, Indiana City-County Human Relations Commission.
B. “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, 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.
C. “Family” includes a single individual with the status of such family being further defined in Subsection I. of this Section.
D. “Person” includes one (1) or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, nonincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries.
E. “To rent” includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy the premises not owned by the occupant.
F. “Discriminatory Housing Practice” means an act that is unlawful under Sections 9.04.040, 9.04.050, 9.04.060, 9.04.070, or 9.04.080 of this ordinance or I.C. 22-9.5-5.
G. “Disability” 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.
The term “Disability” does 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 “disability” include an individual solely because that individual is a transvestite.
H. “Aggrieved person” includes 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 discriminating housing practice that is about to occur.
I. “Familial status” means one or more individuals (who have not attained the age of eighteen (18) years) being domiciled with:
1. A parent or another person having legal custody of such individual or individuals, or the designee of such parent or other person having such custody, with 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 eighteen (18) years.
J. “Complainant” means a person, including, but not limited to, the Commission, who files a complaint under this ordinance.
K. “Respondent” means -
1. a person accused of a discriminatory housing practice in a complaint under this ordinance.
2. Any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under 42 U.S.C. §3610 of the Fair Housing act.
L. “Prevailing party” has the same meaning as such term has in Section 722 of the Revised Statutes of the United States (42 U.S.C. §1988).
M. “Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Commission.
N. “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.
(Amended 4/15/2008, 9.04.020, Added, 12/18/2000)
9.04.030 Exemptions.
The prohibitions against discrimination in the sale or rental of housing set forth in Section 9.04.040 with the exception of 9.04.040 C. of this ordinance shall apply to:
A. Any single-family house sold or rented by an owner where the private Individual owner does not own more than three (3) 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 or 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 (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 (3) 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:
1. 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
2. Without the publication, posting or mailing, after notice of any advertisement or written notice in violation of Subsection 9.04.040 C. 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
B. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
C. 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, associations, 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 lodgings to its members or from giving preference to its members.
D. 1. Nothing in this ordinance limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling nor does any provision in this ordinance regarding familial status 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 or federal program that the Secretary of the Federal Department of Housing and urban Development 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 if the following requirements are met:
i. that at least 80 percent of the units are occupied by at least one person 55 years of age or older; and
ii. the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older;
iii. compliance with rules issued by the Commission for verification of occupancy, which shall:
(A) provide for verification by reliable surveys and affidavits; and
(B) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.
E. Nothing in this Section prohibits 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.
F. Housing shall not fail to meet the requirements for housing for older persons by reason of:
1. persons residing in such housing as of the date of enactment of this ordinance who do not meet the age requirements of Subsections 9.04.030 D.2.b.or c. Provided, that new occupants of such housing meet the age requirements of Section 9.04.030 D.2.b. or c.; or
2. unoccupied units: Provided, that such units are reserved for occupancy by persons who meet the age requirements of Subsections 9.04.030 D.2.b. or c.
G. A person shall be deemed to be in the business of selling or renting dwellings if:
1. he has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or
2. he 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 sales or rental services in two (2) 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, or occupied by, five (5) or more families.
(Amended 4/15/2008, 9.04.030, Added, 12/18/2000)
9.04.040 Discrimination in the sale or rental of housing.
As made applicable by, and except as exempted in Section 9.04.030, 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, disability or national origin (See I.C. 22-9.5-5-1);
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, disability 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, disability, familial status or national origin, or an intention to make any such preference, limitation, or discrimination (See I.C. 22-9.5-5-2);
D. To represent to any person because of race, color religion, sex, disability, familial status or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available (See I.C. 22-9.5-5-3);
E. For profit, to induce or attempt to induce any person to sell or rent any dwelling by representatives regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status or national origin (See I.C. 22-9.5-5-4);
F. 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:
1. the buyer or renter;
2. a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
3. any person associated with the buyer or renter.
G. 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 disability of:
1. the person;
2. a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
3. any person associated with the person.
H. For purposes of Subsections F. and G. of this Section, discrimination includes:
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 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 or the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
2. 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
3. In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:
a. the dwelling have at least one (1) building entrance on an accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site;
b. the public use and common use portions of such dwellings are readily accessible to and usable by disabled persons;
c. all doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and
d. all premises within such 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; and
iv. usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
Compliance with the appropriate requirements of the Americans with Disabilities Act of 1990 and with the American National Standard of Buildings and Facilities providing accessibility and usability for physically disabled people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of Subsection 9.04.040 H.3.d.
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 or whose tenancy would result in substantial physical damage to the property of others. (See I.C. 22-9.5-5-5)
As used in this Subsection, the term “covered multifamily dwellings” means -
(a) buildings consisting of 4 or more units if such buildings have one or more elevators; and
(b) ground floor units in other buildings consisting of 4 or more units.
(Subsection (F) (3) amended 5/13/2008, Amended 4/15/2008, 9.04.040, Added, 12/18/2000)
9.04.050 Discrimination in residential real estate related transactions.
A. Is 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 a real estate transaction available, or in the terms or conditions of such a transaction, because of race, color, religion, sex, disability, 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. that is secured by residential real estate.
2. The selling, brokering, or appraising of residential real property. (See I.C. 22-9.5-5-6)
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, disability, or familial status.
(Amended 4/15/2008, 9.04.050, Added, 12/18/2000)
9.04.060 Discrimination in the provision of brokerage services.
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 such person in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, disability, familial status or national origin. See I.C. 22-9.5-5-8.
(Amended 4/15/2008, 9.04.060, Added, 12/18/2000)
9.04.070 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 9.04.030, 9.04.040, 9.04.050, or 9.04.060 of this ordinance. See I.C. 22-9.5-5-8.
(Amended 4/15/2008, 9.04.070, Added, 12/18/2000)
9.04.080 Administrative Enforcement of Ordinances.
A. The authority and responsibility for properly administering this ordinance shall be vested in the Commission.
B. The Commission will administratively enforce all formal complaints alleging a Violation of the provisions of this ordinance for the purpose of investigation, resolution, and appropriate relief as provided for under Indiana Code 22-9.5-6.
C. All executive departments and agencies of Vanderburgh 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 Commission to further such purposes.
D. The Commission shall provide information on remedies available to any aggrieved person or complainant requesting such information.
E. Each complaint must be in writing and must be signed and affirmed by the aggrieved person filing the complaint or, if the complaint is filed by the Commission, by a member, or the director, if one is appointed. The signature and affirmation may be made at any time during the investigation. The Commission may require complaints to be made on prescribed forms.
1. Complaint forms will be made available in the Commission’s office.
2. Notwithstanding any requirement for the use of a prescribed form, the Commission will accept any written statement which substantially sets forth the allegations of a discriminatory housing practice under this ordinance.
3. An aggrieved person may provide information to be contained in a complaint by telephone to the Commission’s office. The Commission or the staff of the Commission will reduce the information provided by telephone to writing on the prescribed complaint form and send the form to the aggrieved person to be signed and affirmed.
4. Each complaint must contain substantially the following information:
a. The name and address of the aggrieved person.
b. The name and address of the respondent.
c. A description and the address of the dwelling which is involved, if appropriate.
d. A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing practice.
5. Except as provided in Subsection 6. below, a complaint is filed when it is received by the Commission in a form that reasonably meets the standards of Subsections 9.04.080 E.4.a.-d.
6. The Commission may determine that a complaint is filed for the purposes of the one year period for filing complaints as set forth in Subsection 9.04.080 F., upon the submission of written information (including information provided by telephone and reduced to writing by the Commission or staff of the Commission) identifying the parties and describing generally the alleged discriminatory housing practice.
7. Where a complaint alleges a discriminatory housing act that is continuing, as manifested in a number of incidents of such conduct, or continuing of a discriminatory policy, the complaint will be timely if filed within one year of the last alleged occurrence of that act or policy.
F. 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. See I.C. 22-9.5-6-1.
G. A complaint under this ordinance may be reasonably and fairly amended at any time.
H. When a complaint is filed under this ordinance, 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 Section.
3. Within 30 days after receipt of a complaint with the Commission, the Director shall initiate an investigation of the alleged discriminatory housing practice charged in the complaint. The investigation shall be made by staff members of the Commission and may include but shall not be limited to informal conference or discussions with any party allegedly involved in or familiar with the alleged discriminatory practice or practices. Not later than ten (10) days after the filing of the complaint, or the identification of an additional respondent, the Commission shall 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 ordinance; and
b. a copy of the original complaint. See I.C. 22-9.5-6-1.
4. A person who is not named as a respondent in a complaint, but who is identified in the course of the investigation as a person who is alleged to have engaged, or is about to engage in the discriminatory housing practice upon which the complaint is based may be joined as an additional or substitute respondent by service of a notice on the person under Subsection H.3. of this Section within ten (10) days of the identification. If the person is not named in the complaint, but is being joined as an additional or substitute respondent, the notice will explain the basis for the Commission’s belief that the joined person is properly joined as a respondent.
I. Not later than ten (10) days after the receipt of the notice and copy of the complaint, a respondent may file an answer to the complaint. An answer must be:
1. in writing; and
2. signed under oath.
J. An answer may be reasonably and fairly amended at any time.
K. An answer does not inhibit the investigation of a complaint.
L. 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. The Commission shall complete the investigation and make this determination not later than one hundred (100) days after a complaint is filed unless:
1. the Commission has approved a conciliation agreement relating to the complaint; or
2. If it is impracticable to make the determination within that time period in which case the Commission shall notify the complainant and respondent in writing of the reasons for the delay. See I.C. 22-9.5-6-8.
M. 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 issue a short and plain statement of the facts upon which the Commission has based the no reasonable cause determination; dismiss the complaint; notify the aggrieved person and the respondent of the dismissal (including the written statement of the facts). The fact of the dismissal, including the names of the parties, shall be public information available on request. See I.C. 22-9.5-6-10.
N. The Commission may not issue a finding of reasonable cause under this Section 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. See I.C. 22-9.5-6-11.
O. 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 a reasonable cause and a Charge of Discrimination consisting of a short and plain statement of the facts on which the Commission found reasonable cause on behalf of the aggrieved person. An aggrieved person may, on their own behalf, intervene into or administrative action dealing with a discriminatory housing practice. The finding of reasonable cause and the Charge of Discrimination shall:
1. consist of a short and plain statement of the facts upon which the Commission has found reasonable cause to believe that a discriminatory practice has occurred or is about to occur;
2. be based on the final investigative report; and
3. need not be limited to the facts or grounds alleged in the complaint filed under this Section. See Subsection 9.04.080 E. and I.C. 22-9.5-6-9.
P. Not later than twenty (20) days after the Commission issues a finding of reasonable cause and a charge of Discrimination, the Commission shall send a copy of the finding of reasonable cause and the Charge of Discrimination to each respondent and each aggrieved person with the following information:
1. 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 and Charge of Discrimination decided in a civil action.
2. The election must be made not later than twenty (20) days after the date of receipt of the finding of reasonable cause notice and the Charge of Discrimination by the electing person.
3. 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 and Charge of Discrimination relates. See I.C. 22-9.5-6-12.
Q. If a timely election is made under Subsection P. of this Section above, the Commission shall not later than thirty (30) days after the election is made, file and maintain a civil action on behalf of the aggrieved person in Circuit or Superior Court in Vanderburgh County. If a timely election is not made, the Commission shall provide for a hearing on the finding of reasonable cause. See I.C. 22-9.5-6-13.
R. The Commission shall make final administrative disposition of a complaint within one year of the date of receipt of a complaint unless it is impractical to do so.
(Amended 4/15/2008, 9.04.080, Added, 12/18/2000)
9.04.090 Powers and Duties.
The Commission shall have the following powers and duties:
A. To adopt, promulgate, amend and rescind such rules and regulations, procedural and substantive, as are consistent with the provisions of this Chapter or its intent and purpose as the Commission may deem necessary.
B. To receive and investigate the merits, allegations, and factual basis of complaints of discriminatory practices under this ordinance, and to hold hearings on such complaints. All investigations of complaints shall be investigated by the Commission or staff members of the Commission. Such investigations shall be impartial and shall not be limited in each instance to the discriminatory practices alleged in the complaint. At the end of each investigation, a staff member of the Commission shall prepare a final investigative report. The investigative report will contain:
1. The names and dates of contact with witnesses;
2. A summary and the dates of correspondence and other contacts with the aggrieved person and the respondent;
3. A summary description of other records;
4. A summary of witness statements; and
5. Answers to interrogatories.
A final investigative report may be amended at any time, if additional evidence is discovered. Following the completion of investigation the Commission shall notify the aggrieved person and the respondent that the final investigative report is complete and will be provided upon request. See I.C. 22-9.5-6-7.
C. To initiate complaints, except that no member of the Commission who initiates a complaint may participate as a member of the Commission in the hearing or disposition of the complaint.
D. To prevent any person from discriminating or retaliating against any other person because he/she filed a complaint with the Commission, has testified in any hearing before the Commission, or has in any way assisted the Commission in any matter under investigation.
E. To seek prompt judicial action. 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 Circuit or Superior Court in Vanderburgh County. A temporary restraining order or other order granting preliminary or temporary relief under this Subsection is governed by the Indiana Rules of Trial Procedure.
F. To hold hearings, subpoena witnesses, administer oaths, take the testimony of any such person under oath and require the production for examination of any records, documents, or other evidence relating to any manner under investigation or in question before the Commission. The Commission shall have the authority to institute actions for appropriate legal or equitable relief in Circuit or Superior Court to obtain enforcement of any Commission order or subpoena. All subpoenas and orders emanating from the Commission shall be served pursuant to the Indiana Rules of Civil Procedure applicable to service in civil actions.
G. To appoint hearing officers, other than Commissioners, when an appointment is deemed necessary by a majority of the Commission. The hearing officers shall be attorneys in good standing before the Indiana bar and shall be appointed by the Chairperson of the Commission. A hearing office appointed under this Subsection shall have the same powers and duties as a Commission member sitting as a hearing officer, except the power to issue subpoenas.
H. To attempt conciliation between the parties. If such conciliation efforts fail, the Commission shall conduct hearings to find facts, reach conclusions, and issue orders.
1. During the period beginning with the filing of the complaint and ending with the reasonable cause and Charge of Discrimination or no reasonable cause determination the Commission will, to the extent feasible, attempt, to conciliate the complaint.
2. In conciliating the complaint, the Commission will attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person, and take such action as will assure the elimination of discriminatory housing practices, or the prevention of their occurrence in the future.
3. Generally, members of the Commission or staff of the Commission engaged in the investigation of a complaint will not participate or advise in the conciliation of the same complaint or in any factually related complaint.
Where the rights of the aggrieved party and the respondent can be protected and the prohibitions with respect to disclosure of information can be observed, the investigator of the complaint may suspend fact finding and engage in efforts to resolve the complaint by conciliation.
4. The terms of a settlement of a complaint will be reduced to a written conciliation agreement. The conciliation agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest. The types of relief that may be sought are:
For the aggrieved person:
a. Monetary relief in the form of damages, including damages caused by humiliation or embarrassment, and attorney’s fees.
b. Other equitable relief including, but not limited to, access to the dwelling at issue, or to a comparable dwelling, the provision of services or facilities in connection with a dwelling, or other specific relief, or
c. Injunctive relief appropriate to the elimination of discriminatory housing practices affecting the aggrieved person or other persons.
d. The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Arbitration may award appropriate relief as described in this Subsection. The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration.
For public interest:
e. Elimination of discriminatory housing practices.
f. Prevention of future discriminatory housing practices.
g. Remedial affirmative activities to overcome discriminatory housing practices.
5. The agreement must be executed by the respondent and the complainant. The agreement is subject to approval by the Commission. The Commission will indicate its approval by having a majority of the Commission members sign the agreement. The Commission will approve an agreement and, if the Commission is the complainant, will execute the agreement, only if:
a. The complainant and the respondent agree to the relief accorded to the aggrieved person;
b. The provisions of the agreement will adequately vindicate the public interest; and
c. If the Commission is the complainant, all aggrieved persons named in the complaint are satisfied with the relief provided to protect their interests.
6. The Commission may issue a reasonable cause determination if the aggrieved person and the respondent have executed a conciliation agreement that has not been approved by the Commission.
7. The Commission may terminate its efforts to conciliate the complaint if the respondent fails or refuses to confer with the Commission; the aggrieved person or the respondent fail to make a good faith effort to resolve any dispute; or, the Commission finds, for any reason, that voluntary agreement is not likely to result.
8. Where the aggrieved person has commenced a civil action under federal or state law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced, the Commission will terminate conciliation unless the court specifically requests assistance from the Commission.
9. Nothing that is said or done in the course of conciliation may be made public or used as evidence in a subsequent administrative hearing under this ordinance or in civil actions under the Federal Fair Housing Act or the Indiana Fair Housing Act without the written consent of the persons concerned.
10. Conciliation agreements shall be made public unless the aggrieved person and respondent request non-disclosure and the Commission determines that disclosure is not required to further the purposes of this ordinance.
Notwithstanding a determination that disclosure of a conciliation agreement is not required, the Commission may publish tabulated descriptions of the results of all conciliation efforts. See I.C. 22-9.5-6-5.
11. The Commission may, from time to time, review compliance with the terms of any conciliation agreement. Whenever the Commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the Commission may file a civil action for the enforcement of the terms of the conciliation agreement.
I. To state findings of fact and conclusions of law after a hearing. If the Commission determines, after a hearing, that the respondent has engaged in a discriminatory practice in violation of this Section, the Commission may order the appropriate relief, including actual damages, reasonable attorney’s fees, court costs, and other injunctive or equitable relief. The Commission, in an administrative hearing under Indiana Code 22-9.5-6-14, may award reasonable attorney’s fees and costs against the respondent. See I.C. 22-9.5-9-1. 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. Sixteen Thousand Dollars ($16,000.00) 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 (J) below Thirty-Seven Thousand Five Hundred Dollars ($37,500.00) 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 (J) below, Sixty-Five Thousand Dollars ($65,000.00) 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.
J. 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 Subsections I.2. and I.3. of this Section may be imposed without regard to the period of time within which any other discriminatory housing practice occurred. The Commission may sue to recover a civil penalty due under this Section. See I.C. 22-9.5-6-15(b).
K. If after the hearing the Commission shall find that the respondent has not engaged in any practice or is not about to engage in any practice in violation of this ordinance, the Commission shall state its findings of fact and conclusions of law and shall issue an order dismissing the complaint. The Commission shall make public disclosure of each such dismissal.
L. Judicial review of Commission orders shall be obtained in accordance with the provisions of Indiana Code 4-21.5-5.
M. The Commission shall prepare and submit to the Mayor, Evansville City Council, Vanderburgh County Council and the Commission members once each year a detailed report of the Commission’s activities, including the investigations, conciliations, and hearings it has conducted and their outcome.
(Ord. 11-09-018 § 1, amended 12/8/2009; Ord. 09-09-016 § 1, amended 9/22/09; Subsection (B) amended 5/13/2008, Amended 4/15/2008, 9.04.090, Added, 12/18/2000)
9.04.100 Enforcement by Private Person.
A. An aggrieved person may file a civil action in the circuit or superior court located in Vanderburgh County not later than one (1) year after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this ordinance, whichever occurred last, to obtain appropriate relief with respect to the discriminatory housing practice or breach. See I.C. 22-9.5-7-1.
B. The one (1) year period does not include any time during which an administrative proceeding, under this ordinance, is pending with respect to a complaint or finding of reasonable cause under this chapter 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 ordinance whether or not a complaint has been filed under this ordinance and without regard to the status of any complaint filed under this ordinance.
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 ordinance 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 ordinance 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 ordinance with respect to the finding of reasonable cause.
F. If the court finds that a discriminatory housing practice has occurred, or is about to occur in an action under this ordinance, 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 Subsection G. of this Section, 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.
G. Relief under this Section does not affect the 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 ordinance. See I.C. 22-9.5-7-2.
H. The Commission may intervene in an action under this Section if the Commission determines that the case is of general public importance. The Commission may obtain the same relief available to the Commission under Section 9.04.110 of this ordinance.
I. Under this Section, the Court may award reasonable attorney’s fees to any prevailing party.
(Ord. 11-09-018 § 2, amended 12/8/2009; Ord. 09-09-016 § 2, amended 9/22/09; Amended 4/15/2008, 9.04.100, Added, 12/18/2000)
9.04.110 Enforcement by Commission.
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 ordinance or the breach of a conciliation agreement entered into under this ordinance; or
2. a person has been denied any right granted by this ordinance and that denial raises an issue of general importance.
B. An action under this Section may be filed in a circuit or superior court located in Vanderburgh County in which the alleged pattern, practice, or denial has occurred. 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 the violation of this ordinance as necessary to assure the full enjoyment of the rights granted by this ordinance.
2. Award other appropriate relief, including monetary damages, reasonable attorney’s fees, and other 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. See I.C. 22-9.5-8.1-2.
C. A person may intervene in an action under this Section, an administrative hearing under Section 9.04.080 P. or court action pursuant to an election under Section 9.04.080 O. 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.
(Amended 4/15/2008, 9.04.110, Added, 12/18/2000)
9.04.120 Seperability 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 the other circumstances shall not be affected thereby.
(Amended 4/15/2008, 9.04.120, Added, 12/18/2000)
9.04.130 Effective date.
This ordinance shall be in full force and effect from and after its passage by the Board of Commissioners of Vanderburgh County, and publication once each week for two (2) consecutive weeks as provided in I.C. 5-3-1.
(Amended 4/15/2008, 9.04.130, Added, 12/18/2000)
9.04.140 Equal Access to Housing in HUD Programs.
Pursuant to 24 CFR Part 5.403 and 24 CFR Part 574.3 the definition of “family” is revised to include families regardless of the actual or perceived sexual orientation, gender identity, or marital status of its members.
(Ord. 08-20-007 § 1, added, 8/25/2020)