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The City of Terre Haute Human Relations Commission presents

The City of Terre Haute Human Relations Commission presents. Community Fair Housing Workshop. Sponsored by the Indiana Civil Rights Commission and the Indiana Housing and Community Development Authority. Welcome. Indiana Civil Rights Commission. April 18, 2011.

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The City of Terre Haute Human Relations Commission presents

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  1. The City of Terre Haute Human Relations Commission presents Community Fair Housing Workshop Sponsored by the Indiana Civil Rights Commission and the Indiana Housing and Community Development Authority Welcome IndianaCivil Rights Commission

  2. April 18, 2011 Indiana Landlord and Tenant Laws Joshua Sol Brewster, Esq.Deputy Director, Indiana Civil Rights Commission

  3. Title 32, Article 31 Indiana Code

  4. APPLICABILITY • Applies to rental agreements for DWELLINGS • Does NOT apply to • Medical care residence • Contract for sale • Hotels, motels • Occupancy conditioned on employment • Condominiums Indiana Civil Rights Commission

  5. SECURITY DEPOSITS • Deposits must be returned upon termination, but • Landlord may deduct: • Unpaid rent (if agreed) • Damages • Unpaid utility fees Indiana Civil Rights Commission

  6. SECURITY DEPOSITS Upon termination, tenant must inform landlord of new mailing address. Landlord must itemize deductions and notify in writing within 45 days of termination. Landlord must include payment of remaining deposit with notice. Failure to provide notice within 45 days, landlord must reimburse FULL deposit. Failure to comply with law, landlord is liable for deposit PLUS attorney fees and costs. Indiana Civil Rights Commission

  7. REMOVAL OF PROPERTY • “Exempt property” • Medical supplies • Business supplies • Clothing • Blankets • Schooling/child care supplies Property may not be taken by landlord in compensation for debt, unless agreed to. Indiana Civil Rights Commission

  8. REMOVAL OF PROPERTY • Non-exempt property may be removed by landlord ONLY when: • Abandoned by tenant or • Upon court order following possession Landlord must notify tenant of order and location of warehouse. Warehouse must release exempt property upon owner demand, without cost. Indiana Civil Rights Commission

  9. DISPOSAL OF PROPERTY • A warehouse holds a lien on non-exempt property for • Storage • Transportation • Insurance • Labor • Present or future charges related to the property • Expenses necessary for preservation of the property • Expenses reasonably incurred in the lawful sale of the property Warehouse may sell property 90 days after landlord’s notice of removal. Indiana Civil Rights Commission

  10. ACCESS A landlord may not interfere with a tenant’s access to a dwelling. • Unless property has been “abandoned”: • Tenant has failed to pay rent, • Offered to pay rent, OR • Surrendered possession Indiana Civil Rights Commission

  11. ACCESS • “Interference” includes: • Changing locks • Removing doors • Removing appliances • Interrupting utilities Landlord may interrupt these services ONLY in an emergency or for repairs. Neither shall a tenant interrupt these services if doing so would cause damage to unit. Indiana Civil Rights Commission

  12. ACCESS • A tenant may not unreasonably deny landlord access to dwelling for: • Inspection • Necessary or agreed repairs • Provision of services • Exhibition of unit to prospective tenant, purchase, contractor, etc. Indiana Civil Rights Commission

  13. ACCESS • A landlord shall provide reasonable notice of entry. • A landlord shall enter only at reasonable times. • A landlord may ONLY enter a dwelling without notice in an emergency. • A landlord may ONLY enter a dwelling without consent upon court order or abandonment. Indiana Civil Rights Commission

  14. EMERGENCY POSSESSORY ORDERS • Either a tenant OR a landlord may petition a Small Claims Court for an order granting emergency possession of a dwelling unit when: • A landlord has interfered with access, • A tenant has or threatens to commit “waste” to the property AND • Serious loss, damage or injury has occurred. Indiana Civil Rights Commission

  15. TENANT OBLIGATIONS • Comply with health and housing codes • Keep premises clean • Use utilities and appliances reasonably • Refrain from damaging property • Return property to original condition, excepting ordinary wear and tear After notice and time to remedy, a landlord may bring court action to enforce these obligations. Indiana Civil Rights Commission

  16. LANDLORD OBLIGATIONS • Deliver unit in safe, clean, habitable condition • Comply with health and housing codes • Keep common areas in clean and proper condition • Maintain in good condition electrical, plumbing, heating/AC, sanitary, elevators, and appliances Tenant, after notice and time to remedy, may bring court action to enforce these obligations. Indiana Civil Rights Commission

  17. RIGHT OF VICTIMS • Applicable offenses: • Crime involving domestic or family violence • Sex offense • Stalking A landlord shall not refuse to rent to, renew the lease of, evict or retaliate against a tenant, applicant or member of the household of one who is the victim or alleged victim of an applicable offense. Indiana Civil Rights Commission

  18. RIGHTS OF VICTIMS • A landlord shall, upon court order and notice, change the locks of a protected individual within 48 hours (24 hours if victim lives with perpetrator). • Tenant is responsible for paying for new locks (unless landlord fails to change locks in timely manner). • A landlord is not liable for excluding a perpetrator from the protected unit. • A victim may terminate a lease upon 30-day notice, showing of court order and “safety plan”. Indiana Civil Rights Commission

  19. Indiana Code Title 22, Article 9.5 INDIANA FAIR HOUSING ACT

  20. NON-DISCRIMINATION • A landlord shall not refuse to: • Rent • Negotiate for rent • Deny availability • Offer different terms/conditions of rental, or • Otherwise make unavailable a unit Because of a person’s race, color, religion, national origin, sex, disability or familial status. Indiana Civil Rights Commission

  21. OCCUPANCY LIMITS • A landlord shall not impose unreasonable occupancy limits on rental units. • 2 persons per bedroom is considered reasonable, BUT dependent on size of unit. • Has the effect of excluding families with children. Indiana Civil Rights Commission

  22. ACCOMMODATIONS • A landlord must make reasonable accommodations in rules or policies in order to allow a tenant with a disability to enjoy the use of the premises. • EXAMPLES • Assigned parking • Service animals • Delivery of rent payment Indiana Civil Rights Commission

  23. MODIFICATIONS • A landlord must allow, at the expense of the tenant, reasonable modifications to the tenant’s unit in order to allow equal enjoyment of the dwelling. • EXAMPLES • Installing grab bars in bathroom • Widening doorways • Installing ramps • Removing carpet • Lowering cabinets Indiana Civil Rights Commission

  24. ACCESSIBILITY OF NEW CONSTRUCTION • Multi-family dwellings built after 1991 MUST be accessible to people with disabilities. • All units with elevators • Ground floor without elevators Access into, through and among units, including common areas. Indiana Civil Rights Commission

  25. “NO RENT” COVENANTS • A neighborhood association or municipality may not unreasonably prohibit the rental of single-family homes. • Such prohibitions may have a disparate impact on minority populations. • See Villas West II of Willowridge Homeowners Assoc. vs. McGlothin, 841 N.E.2d 584 (Ind.Ct.App. 2006) Indiana Civil Rights Commission

  26. Indiana Civil Rights Commission 100 North Senate Ave., N104 Indianapolis, IN 46204 (800) 628-2909 District 7 Pro Bono Organization506 Ohio Street, Suite 2P.O. Box 3342Terre Haute, IN 47803(812) 478-2666 CONTACT INFO Indiana Civil Rights Commission

  27. The City of Terre Haute Human Relations Commission presents Community Fair Housing Workshop Sponsored by the Indiana Civil Rights Commission and the Indiana Housing and Community Development Authority Section 8/Homeless Prevention and Rapid Re-housing Program (HPRP) Terre Haute Housing Authority Kelli Fuller, Manager Wanda Hoffman, Section 8 Supervisor Amelia Combs, HPRP Case Manager Marsha Carlock, Senior Property Manager IndianaCivil Rights Commission

  28. April 18, 2011 Fair Housing for People with Disabilities Henrietta PoindexterREPACE Director, Indiana Civil Rights Commission

  29. Commission Creation • 1961-Fair Employment Practice Commission • Limited to employment matters • No enforcement ability Indiana Civil Rights Commission

  30. Commission Expanded • Areas and groups • 1963-Act became law • Name changed: Indiana Civil Rights Commission • Enforcement Powers: Employment, Education & Public Accommodation • 1965-Housing added • 1971-gender Indiana Civil Rights Commission

  31. Commission Expanded • 1974-Credit • 1975-Disabilities added as protected class • 1991-Enforcement changed to comply with the Federal Fair Housing Act • Coverage added for families with children under 18 • Victims of housing discrimination given right elect agency or judicial enforcement of claims Indiana Civil Rights Commission

  32. Individuals with Disabilities • Most of 20th Century, people with disabilities were not part of the “mainstream” housing market • Responsibilities of housing providers to: • Accommodate people with disabilities. • Provide Accessible housing • Make modifications Indiana Civil Rights Commission

  33. Fair Housing Principles • Equality • Integration • Choice • Individuality Indiana Civil Rights Commission

  34. Equality • People with disabilities should have an equal opportunity to live where they want, and not be subjected to rules or requirements that are different from those applied to people without disabilities. Indiana Civil Rights Commission

  35. Integration People with disabilities are entitles to live in communities with their neighbors. Integration does not just mean physical presence in a neighborhood, but participation in community services and activities. Indiana Civil Rights Commission

  36. Choice • People with disabilities are entitled to choice where they want to live. • All people, including individuals with disabilities, learn by taking risks; the “Dignity of Risk”. • “Nothing About Us Without Us” Indiana Civil Rights Commission

  37. Individuality Housing providers must respect the unique needs and circumstances of individuals with disabilities and offer reasonable accommodations to meet these needs when requested. Indiana Civil Rights Commission

  38. Applicable Laws • Indiana Civil Rights Act • Indiana Fair Housing Act • Federal Fair Housing Act • Americans with Disabilities Act • Architectural Barriers Act • Rehabilitation Act Indiana Civil Rights Commission

  39. Federal Laws Americans with Disabilities Act (ADA) Prohibits discrimination in the areas of: • Employment • Public Accommodations • Public Transportation • State/Local Government Activities Indiana Civil Rights Commission

  40. Federal Laws (cont.) • Architectural Barriers Act • Buildings constructed, designed or altered with the use of Federal funds must be accessible to persons with disabilities. • Rehabilitation Act (Sec.504) • Prohibits discrimination in any program benefiting from Federal funds. Indiana Civil Rights Commission

  41. Laws Enforced by the ICRC • Indiana Civil Rights Act • Employment, Public Accommodation, Real Estate, Credit and Education • Indiana Fair Housing Act • Housing Indiana Civil Rights Commission

  42. Indiana Civil Rights Laws Prohibits discrimination on the basis of: • Race/color • National origin • Religion • Sex • Disability Indiana Civil Rights Commission

  43. Disability Defined • “Disability” is defined as: • A substantial impairment, which • Limits a major life activity. Indiana Civil Rights Commission

  44. Examples of Major Life Activities • Caring for one self • Performing manual tasks • Walking • Seeing • Hearing • Speaking • Breathing • Learning • Working • And others Indiana Civil Rights Commission

  45. Disability Defined (cont.) • A record of having such an impairment • Being regarded as having such an impairment Indiana Civil Rights Commission

  46. Exceptions • Use of illegal drugs • Conviction of manufacture or distribution of illegal drugs • Direct threat to others. Indiana Civil Rights Commission

  47. Housing Rights • Accessibility • Accommodations • Modifications Indiana Civil Rights Commission

  48. Protection • Landlords • Housing Managers • Real Estate Personnel • Brokerage • Housing Service Persons • Lending institution cannot ask if you have mental or physical disability or nature of that disability • Only ask questions that are asked of all applicants Indiana Civil Rights Commission

  49. Indiana Fair Housing Act (FHA) • Race • Color • Religion • Sex • Disability (Handicap) • National Origin • Familial Status Indiana Civil Rights Commission

  50. Discriminatory Housing Practices • Refuse to sell, rent or negotiate • Discrimination in terms, conditions, privileges and facilities • Discriminatory advertisements, statements and notices • Discriminatory representations on the availability of dwellings • Discrimination in provision of brokerage services • Interference; Coercion; Intimidation • Disabilities • Reasonable Accommodations • Reasonable Modifications • Design and construction requirements Indiana Civil Rights Commission

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