A municipal corporation or special taxing district may not adopt or enforce any regulations that impose or allow a penalty against either a resident, a property owner, or an operator for contacting law enforcement if:
- The contact is made by or on behalf of a victim or potential victim of abuse, a victim or potential victim of a crime, or an individual in an emergency, and;
- The person making contact reasonably believes law enforcement or other emergency assistance is necessary to prevent the perpetration or escalation of abuse, a crime, or an emergency.
A penalty for purposes of this paragraph and the next is the assessment of a penalty, fine or fee or an actual or threatened eviction from a rental unit, or the causing of an actual or threatened eviction from a rental unit. (Ind. Code § 32-31-1-22.)
A municipal corporation or special taxing district may adopt and enforce an ordinance, rule or, regulation that imposes a penalty for a contact made to request law enforcement or other emergency assistance that does not satisfy the above criteria. Indiana law defines a penalty as a fine, a fee, a threat to evict, or an actual eviction. If a penalty is imposed because a resident contacted law enforcement or emergency assistance inappropriately, the penalty must be assessed against the resident and not the owner or operator. Any assessed penalty may not exceed $250. (Ind. Code § 32-31-1-22.)
For a discussion of how ordinances and regulations concerning law enforcement and other emergency assistance may be discriminatory, see HUD’s Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency Services.
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