Key Takeaways
Indiana landlords must follow federal, state, and local fair housing laws, which prohibit discrimination based on protected classes such as race, religion, disability, familial status, and additional categories like ancestry and gender identity.
Common violations include using discriminatory language in rental ads, refusing reasonable accommodations for disabled residents, or applying inconsistent screening standards.
To stay compliant, landlords should understand all applicable fair housing rules, maintain consistent and fair applicant screening, and accommodate residents with disabilities when required by law.
As a landlord in Indiana, you have certain legal responsibilities under Title 32 Article 31 of the state’s statutes. Among these legal responsibilities is complying with the state’s fair housing laws.
The Fair Housing Act dictates various aspects of the landlord-tenant relationship. For example, when advertising your vacant rental unit, you must ensure that you don’t include any phrases that touch on any of the fair-housing protected classes.
Such discriminatory phrases include: “No Children Allowed,” “Singles Preferred,” “Must be Able to Walk Stairs,” and “Asian Community Preferred.” Including any of these phrases in your rental ad would be discriminatory against residents belonging to those protected classes.
Protected classes are characteristics that are legally protected by the FHA from discrimination in housing areas. They include: race, color, nationality, sex, familial status, and religion.
In Indiana, fair housing protections exist at the federal, state, and local levels. In this blog by PMI Lafayette, we’ll go over all the important basics of the FHA to help you stay legally compliant.
What Is the Federal Fair Housing Act?
The Federal Fair Housing Act not only applies to landlords, but also to other stakeholders in the housing industry. The stakeholders include: mortgage lenders, property managers, and real estate agents.
The Federal Fair Housing Act is part of the Civil Rights Act, and is codified at 42 U.S.C. §§ 3601–3619 and 3631. It was established in 1968 to prevent discrimination in housing.
The act prohibits discrimination in housing based on 7 protected classes. That is: race, color, nationality, sex, religion, familial status, and disability.
What Is the Fair Housing Act in Indiana?
The state of Indiana, just like some other states, has also passed legislation to add extra protections. Per the state’s landlord-tenant law, ancestry status is also a protected class. This is in addition to the 7 protected classes that apply in all 50 U.S. states.
Furthermore, you should also ensure that you check for any additional protected classes that may exist at the local level. In Lafayette, for instance, the municipal Code §§ 2.07.010 adds four more protections. They are: age, gender identity, sexual orientation, and military/veteran status.
West Lafayette also includes the following protected classes for the jurisdiction:
Age
Ancestry
Sexual orientation
Gender and gender identity
Creed
Receipt of public assistance
Military/veteran status
In Indiana, housing discrimination complaints are handled by the state’s Civil Rights Commission.
What Are Some Examples of Discriminatory Practices by Indiana Landlords?
The following are some of the things that landlords shouldn’t do per the Fair Housing Act in Indiana.
Refuse to rent out your property to a member belonging to a protected group.
Refusing to provide a disabled resident with reasonable accommodation, such as allowing them to keep a service dog.
Make a false claim that the unit you’re renting out isn’t available after meeting the resident who belongs to a protected group in person.
Refusing to allow reasonable requests for modification from a disabled resident. For example, allowing them to install a wheelchair ramp.
Steering a prospective resident away, ‘thinking’ they might not find the community comfortable.
Asking the resident illegal screening questions. For instance, are you married? Are you pregnant? Are you Latino or Hispanic? Are you gay? Are you a Christian?
Including discriminatory phrases in the rental ad. Such as: “Singles Preferred,” “No Children Allowed,” “No Dogs Allowed,” “Ideal for Women.”
How Can a Landlord Ensure Compliance With Fair Housing Laws?
As a landlord, staying compliant with Fair Housing Laws is essential for your success. Otherwise, violations, whether intentional or unintentional, can have harsh consequences. You may suffer hefty civil, court, and attorney costs, which can impact your bottom line.
With that in mind, the following are some of the things to keep in mind when it comes to fair housing laws.
Know the Fair Housing Laws That Apply to You
As previously mentioned, fair housing laws vary by state and locality. For example, in Indiana, the state’s fair housing laws adds ‘ancestry status’ to the list of the federal characteristics.
What’s more, depending on the locality, there can be specific laws that apply to your rental properties. In Lafayette, for instance, extra protections are: age, gender identity, sexual orientation, and military/veteran status.
Have a Consistent Screening Criteria
Treat all rental applicants fairly and consistently, regardless of which protected group they belong to.
Also, when asking questions, avoid any that touch on a prospective resident’s protected classes. For example, avoid asking prospective residents questions such as:
Where are you originally from?
How many children do you have?
Are you gay?
Are you married?
Which church do you go to?
Be Considerate of Disabled Residents
The Federal Fair Housing Act and the Americans with Disabilities Act require landlords to abide by certain rules when it comes to disabled residents. Among the requirements is providing disabled residents with reasonable accommodations.
An example of a reasonable accommodation is allowing the resident to keep a service animal.
Conclusion
As a landlord, staying legally compliant isn’t optional; it’s a requirement under the state’s landlord-tenant laws. In Indiana, these are the important basics you should have at your fingertips regarding fair housing.
If you have a question or need expert property management help, look no further than PMI Lafayette.
We’re a full-service property management company that utilizes state-of-the-art technology to help property owners maximize their ROI. We have over 20 years of experience in the Lafayette real estate market. Get in touch to learn more!
Disclaimer: This article is intended for informational purposes only and does not constitute legal or financial advice. Property management fees, laws, and tax regulations may change or vary based on individual circumstances. Always consult a qualified attorney or accountant before making financial decisions related to your rental property.
