Is Source of Income Discrimination Illegal in Indiana?

Finding affordable rental housing in Indiana can be difficult, especially if you use non-traditional income like housing vouchers, disability, or Social Security. Many renters wonder: can landlords refuse to rent to me because of how I pay my rent? This guide explains Indiana's current rules on source of income discrimination, your rights as a renter, and what steps you can take if you face discrimination.

What Is Source of Income Discrimination?

Source of income discrimination happens when a landlord refuses to rent to someone, or treats them unfairly, because of how they pay rent. This may include:

• Section 8 Housing Choice Vouchers
• Social Security or disability payments
• Child support or alimony
• Other public assistance or non-employment sources

Some states and cities have laws that protect renters against this type of discrimination, but each state is different.

Indiana State Law: Are Renters Protected?

As of 2024, Indiana state law does not ban source of income discrimination in rental housing. This means landlords in Indiana can legally refuse to accept Section 8 vouchers or other forms of rental assistance, unless prohibited by a local ordinance.

Indiana’s fair housing regulations—found in the Indiana Civil Rights Law—make it illegal for housing providers to discriminate based on race, color, religion, sex, disability, familial status, or national origin^[1]. However, source of income is not listed as a protected category under state law.

Are There Local Protections?

Some U.S. cities have local ordinances banning source of income discrimination. However, in Indiana, state law prohibits cities and counties from passing their own source of income discrimination bans. In 2022, a state law blocked cities like Indianapolis from enforcing these protections^[2].

What Can Indiana Renters Do If Denied Housing?

While Indiana law does not specifically protect renters using housing vouchers or other non-wage income, you may still have rights if the denial is based on another protected category (like race, disability, or family status).

• If you believe the denial is based on a protected class, you can file a complaint with the Indiana Civil Rights Commission (ICRC).
• If you receive federal housing assistance, you may also file a discrimination complaint through the U.S. Department of Housing and Urban Development (HUD).
• If you live in federally subsidized housing itself, special rules may apply. Check with your local public housing authority.

Relevant Forms and How to Use Them

• Indiana Civil Rights Complaint Form
  Indiana Civil Rights Commission Complaint Form (No number assigned)
  Use this form to file a discrimination complaint if you believe you have been denied housing because of a protected category (not source of income). For example, if a landlord turns you away because you have children (familial status) or due to your race.
• HUD Housing Discrimination Complaint Form (Form 903)
  HUD Form 903
  Use this form to file a federal housing discrimination complaint. You can file online, by mail, or over the phone. Best used if your situation involves a federal housing program or protected category under federal law.

Which Housing Board or Tribunal Handles These Issues?

In Indiana, the Indiana Civil Rights Commission (ICRC) investigates and enforces fair housing complaints. There is no dedicated landlord-tenant tribunal; disputes such as eviction or rent disputes are handled by the local county or small claims courts.

Relevant Tenancy Legislation in Indiana

Indiana residential tenancies are governed by several laws, including:

• Indiana Code Title 32, Article 31 – Landlord-Tenant Relations
• Indiana Civil Rights Law (IC 22-9-1)

These laws do not currently prohibit discrimination based on source of income for renters.

FAQs about Source of Income Discrimination in Indiana

1. Is it legal for landlords in Indiana to refuse Section 8?
   Yes, Indiana landlords can legally refuse to participate in Section 8 or refuse other public assistance as rent payment.
2. What categories are protected under Indiana housing discrimination law?
   Indiana law prohibits discrimination based on race, color, religion, sex, familial status, disability, and national origin.
3. Can local Indiana cities pass their own protections?
   No. Indiana state law currently prevents local cities and counties from enacting source of income discrimination bans.
4. What should I do if I believe I was denied housing for a discriminatory reason?
   You can file a complaint with the Indiana Civil Rights Commission if you believe you were denied for a reason protected under state law.
5. Who do I contact for help with rental disputes?
   For housing discrimination, contact the ICRC. For general landlord-tenant issues, local legal aid or small claims court can help.

Conclusion: Key Takeaways for Indiana Renters

• Indiana does not prohibit source of income discrimination. Landlords may refuse Section 8 vouchers or other non-wage income.
• Protected categories under Indiana law include race, sex, disability, family status, and a few others.
• To report housing discrimination in Indiana, contact the Indiana Civil Rights Commission or HUD if a protected category is involved.

It’s important to know your rights and options. If you’re unsure, seek advice from a housing counselor or legal aid service.

Need Help? Resources for Renters

• Indiana Civil Rights Commission (ICRC) – File a complaint or get more information about fair housing
• U.S. Department of Housing and Urban Development – File a Housing Discrimination Complaint
• Indiana Legal Services – Free or low-cost renter legal assistance
• Indiana Landlord-Tenant Law – Official legislation text
• For eviction or rent disputes not involving discrimination, contact your local county court or small claims court.

---

1. Indiana Civil Rights Law (IC 22-9-1)
2. Indiana code banning local source of income protections

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations