Indiana Renters’ Rights: Familial Status Discrimination Explained

Are you a renter in Indiana concerned about being treated unfairly because you have children, are pregnant, or are seeking custody of a minor? Knowing your rights under fair housing laws is crucial. Indiana law protects renters against familial status discrimination, ensuring equal access to housing opportunities regardless of family structure.

Understanding Familial Status Discrimination in Indiana

Familial status discrimination means treating renters or applicants unfairly because they live with children under 18, are pregnant, or are in the process of gaining legal custody of a child. This protection also applies to people living with children or planning to do so.

• Denying rental applications because of children in the household
• Imposing different terms (like higher rent, deposits, or occupancy limits) on families with children
• Restricting access to certain amenities or areas because of familial status

In Indiana, these protections stem from both the federal Fair Housing Act and the state's adaptation, overseen by the Indiana Civil Rights Commission (ICRC).

Legal Protections for Indiana Renters

Both federal and Indiana state law make it illegal to discriminate against renters based on familial status. The key laws include:

• Federal Fair Housing Act (42 U.S.C. § 3604)
• Indiana Fair Housing Act (IC 22-9.5)

These laws apply to most rental housing, apartments, duplexes, and houses. There are rare exceptions, including certain owner-occupied buildings with no more than four units, but these are limited.

Examples of Familial Status Discrimination

• A landlord refuses to rent to a single mother with children.
• A rental property advertises "adults only" housing (unless it fits a senior housing exemption).
• Imposing restrictions (such as "no children allowed in the pool") not applied to other tenants.

If you believe you have experienced such actions, you have a right to file a complaint.

How to File a Complaint in Indiana

If you suspect familial status discrimination, you have several options to seek help and enforcement.

1. Indiana Civil Rights Commission (ICRC)

The Indiana Civil Rights Commission (ICRC) is the primary state agency responsible for investigating and resolving fair housing complaints. You can file a complaint online, by mail, or in person. The ICRC enforces Indiana’s Fair Housing Act (IC 22-9.5).

• Official Form: ICRC Housing Discrimination Complaint Form (PDF)
  Use this form to formally report suspected discrimination in housing. For example, if a landlord denies your application after learning you have children, you would submit this form to the ICRC. Instructions are included in the document.
• Where to File: Online, by mail, or in person via the contact details provided in the form.

The ICRC reviews the complaint, investigates, and, if discrimination is found, can order remedies such as allowing you to rent, compensating damages, or changing a landlord’s practices.

2. U.S. Department of Housing and Urban Development (HUD)

Federal complaints can also be filed with HUD's Office of Fair Housing and Equal Opportunity. In many cases, HUD and ICRC will coordinate.

• Official Form: HUD Form 903.1 – Housing Discrimination Complaint
  This form is used if you wish to pursue your complaint at the federal level—for instance, when your case may involve multiple states or federal programs.
• Submission: Online, mail, or delivery to a regional HUD office (details on the form).

Filing a complaint is free, and both agencies keep your information confidential.

Tribunal Handling Tenant Complaints in Indiana

The Indiana Civil Rights Commission acts as the official tribunal for fair housing disputes. For more information on the process and your rights, visit the ICRC Fair Housing page.

What Happens After Filing?

Once you file, an investigator will contact you to gather more details. The process may include mediation or a formal hearing if needed. Remedies can include stopping discriminatory practices, compensation, and ensuring your right to rent is upheld.

FAQ: Indiana Familial Status Discrimination

1. Who is protected under familial status discrimination laws in Indiana?
   Anyone renting or seeking housing who is pregnant, has children under 18, or is seeking legal custody of a child is protected. This includes parents, guardians, and those planning to add children to their household.
2. Can a landlord refuse to rent to families with children?
   No, unless the property qualifies for a specific exemption (such as senior housing), landlords cannot deny renting based on familial status.
3. What evidence should I collect if I suspect discrimination?
   Document all communications, save emails or texts, keep copies of advertisements, note the dates of your application, and write down exactly what the landlord said or did.
4. Is there a deadline for filing a discrimination complaint?
   Yes. In Indiana, complaints must be filed within one year of the last alleged act of discrimination, in line with both state and federal law.
5. Does Indiana law offer protections in addition to the federal Fair Housing Act?
   Indiana law closely follows federal standards but offers accessible state-level processes through the ICRC, making it easier for renters to assert their rights locally.

Key Takeaways

• Familial status discrimination—including bias against renters with children or those expecting—is illegal in Indiana.
• Protected renters can file a complaint with the Indiana Civil Rights Commission or HUD at no cost.
• Keep thorough records and act within the required time limits to protect your rights.

Need Help? Resources for Renters

• Indiana Civil Rights Commission (ICRC) – File a complaint or get educational resources
• ICRC Fair Housing Guide – Overview of protections and processes
• HUD Office of Fair Housing & Equal Opportunity – National fair housing complaint process
• Indiana Housing and Community Development Authority – General housing assistance

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1. Federal Fair Housing Act (42 U.S.C. § 3604)
2. Indiana Civil Rights Commission: Fair Housing
3. ICRC Housing Discrimination Complaint Form
4. HUD Housing Discrimination Complaint Form 903.1
5. Indiana Civil Rights Commission (ICRC)

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