910 IAC 2-3-3 General prohibitions

Sec. 3. (a) It shall be unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: (1) the buyer or renter; (2) a person residing in or intending to reside in the dwelling after it is so sold, rented, or made available; or (3) any person associated with the buyer or renter. (b) It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of: (1) the buyer or renter; (2) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (3) any person associated with the buyer or renter. (c) It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling (a person intending to reside in the dwelling after it is so sold, rented, or made available or any person associated with such person) has a handicap or to make an inquiry as to the nature or severity of a handicap of such person. However, this subsection does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps: (1) Inquiry into an applicant's ability to meet the requirements of ownership or tenancy. (2) Inquiry to determine whether an applicant is qualified for a dwelling available only to a person with handicaps or to a person with a particular type of handicap. (3) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to a person with handicaps or a person with a particular type of handicap. (4) Inquiry to determine whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance. (5) Inquiry to determine whether an applicant has been convicted of illegal manufacture or distribution of a controlled substance. (d) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.