§ 151.02. DEFINITIONS.

"AGGRIEVED PERSON." Any person who:

(1) Claims to have been injured by a discriminatory housing practice; or

(2) Believes that the person will be injured by a discriminatory housing practice that is about to occur.

"APPRAISER." Any person who, for a fee or in relation to his employment or usual occupation, establishes a value for a housing unit.

"COMMISSION." Refers to the Kokomo Human Rights Commission.

"COMPLAINANT." A person, including the Commission, who files a complaint under this chapter.

"CONCILIATION." The attempted resolution of issues raised by a complaint or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent, and the Commission.

"CONCILIATION AGREEMENT." A written agreement setting forth the resolution of the issues in conciliation.

"DIRECTOR." The director of the Kokomo Human Rights Commission.

“DISABLED” or “DISABILITY.” With respect to an individual:

(1) A physical or mental impairment that substantially limits at least one of the major life activities of the individual;

(2) A record of an impairment described in division (1); or

(3) Being regarded as having an impairment described in division (1).

The term does not include current illegal use of or addiction to a controlled substance (as defined in § 102 of the controlled Substances Act (21 U.S.C. § 802)).

"DISCRIMINATE" or "DISCRIMINATION." The denial of equal access to or any differences of treatment in the sale, lease, rental, or financing of housing units based on race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age and shall include segregation, except that it shall not be discrimination for any religious or denominational institution to prefer members of its own religion or denomination for purposes of employment or religion.

"DISCRIMINATORY HOUSING PRACTICE." An act prohibited by § 151.05 of this chapter.

"DWELLING."

(1) Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one or more families; or

(2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by division (1).

"FAMILIAL STATUS." One or more individuals (who have not attained the age of 18 years) being domiciled with:

(1) A parent or another person having legal custody of such individual or individuals; or

(2) 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 the 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 18 years.

"FAMILY." Includes a single individual.

"GENDER IDENTITY." An individual having or being perceived as having a gender-related self-identity, self-image, appearance, expression or behavior, regardless of whether it is the same or different from those characteristics traditionally associated with the individual's assigned sex at birth.

"HOUSING UNIT." A single room or a suite of rooms, or an apartment or dwelling, occupied or intended for occupancy as separate living quarters, by an individual, by a family or by a group of individuals living together, or a parcel of real property or a lot available for the construction of a housing unit.

"LENDING INSTITUTION." Any person regularly engaged in the business of lending money or guaranteeing loans.

"MARITAL STATUS." A person's state of being single, married, separated, divorced, or widowed.

"OWNER." An owner, including the lessee, sublessee, assignee, managing agent, or other person having the right to ownership or possession, or the right to sell, rent, or lease any housing unit.

"OWNER-OCCUPANT." Any person residing in a home who occupies that home as his own personal residence.

"PERSON." One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees under Title 11, receivers, and fiduciaries.

"PERSON IN THE BUSINESS OF SELLING OR RENTING DWELLINGS." A person who:

(1) Has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;

(2) Has, within the preceding 12 months, participated as an agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or

(3) Is the owner of any dwelling designed for occupancy by, or occupied by, five or more families.

"PROTECTED CLASS." Those characteristics of a person that cannot be targeted for discrimination and include race, religion, color, sex, disability, national origin, ancestry, sexual orientation, gender identity, veteran status, marital status, familial status, and age.

"REAL ESTATE BROKER." Any person who, for a fee or other valuable consideration, sells, purchases, exchanges or rents, or negotiates, or offers or attempts to negotiate, the sale, purchase, exchange, or rental of the real property of another, or holds himself out as engaged in the business of selling, purchasing, exchanging, or renting the real property of another, or collects rental for the use of real property of another.

"REAL ESTATE SALESMEN" or "REAL ESTATE AGENT." Any person employed by a real estate broker to perform or assist in the performance of any or all the functions of a real estate broker.

"RESPONDENT."

(1) The person accused in a complaint of discriminatory housing practice; or

(2) Any person identified as an additional or a substitute respondent under I.C. 22-9.5-6-4 or an agent of an additional or a substitute respondent.

"SEXUAL ORIENTATION." An individual's actual or perceived identity or practice as a lesbian woman, gay man, bisexual person or heterosexual person.

"TO RENT." Includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

"VETERAN STATUS.”

(1) A veteran of the armed forces of the United States;

(2) A member of the Indiana National Guard; or

(3) A member of a reserve component.

(Ord. 5924, passed 7-25-94; Am. Ord. 6128, passed 7-12-99; Am. Ord. 6252, passed 1-13-03; Am. Ord. 6829, passed 6-27-16)