Indiana’s Fair Housing Act supplements or supports the Federal Fair Housing Act by offering additional protections to renters and buyers of real estate. Both the Indiana Fair Housing Act and Indiana Civil Rights Law makes it illegal to discriminate in housing related transactions based on race, color, sex, disability, religion, ancestry, national origin, familial status, and veteran status. Discrimination includes any act, policy, practice, or other procedure that unfairly affects someone because of their protected class. IC 22-9.5.

As stated above, Indiana’s Fair Housing Act is administered and enforced similarly to the federal government. However, local agencies (often the local human rights commission) or the Indiana Civil Rights Commission investigate and enforce claims under the Indiana Fair Housing Act. Those enforcement procedures are outlined in IC 22-9.5-6. Additionally, like the Federal Fair Housing Act, private persons can also file state claims or lawsuits against housing providers for discrimination.

Fair Housing Posters

Housing providers should also be aware of a notice requirement included in the Indiana Administrative Code (910 Ind Admin Code 2-9-1) that requires that the fair housing poster be maintained at all places of business that participate in covered activities (i.e. sale or lease of housing). The poster must be 11 inches by 14 inches.

Federal Regulations requires (as applicable to apartments) that the poster be maintained at any place of business where the dwelling is offered for sale or rental and at the dwelling (except in the case of a single-family dwelling being offered for sale or rental in conjunction with the sale or rental of other dwellings, in which case the poster may be maintained at the model dwelling instead of at each individual dwelling). See 24 CFR § 110.10.

Federal Regulations specifically provide that a failure to display the poster shall be deemed prima facie evidence of a discriminatory housing practice. See 24 CFR § 110.30. The Indiana Administrative Code does not impose this same sanction and is silent on the repercussions for failing to display the poster.