LGBTQ+ Housing Rights: Indiana Renters' Legal Protections

Understanding your rights as an LGBTQ+ renter in Indiana is crucial to ensuring you have equal access to safe, fair housing. This article explains the federal and state-level protections in place, how to recognize and respond to housing discrimination, and where to seek help. We use clear language so you can act confidently if you believe your rights as a renter have been compromised.

Overview of LGBTQ+ Housing Protections in Indiana

Equal access to housing, regardless of sexual orientation or gender identity, is an important principle under federal law. While Indiana law does not specifically add state-level protections for LGBTQ+ renters, strong safeguards exist under federal legislation.

• Federal Law: The Fair Housing Act protects renters from discrimination based on race, color, national origin, religion, sex, familial status, and disability. In 2021, the U.S. Department of Housing and Urban Development (HUD) clarified that the definition of "sex" includes sexual orientation and gender identity.^[1]
• State Law: Indiana does not currently have state statutes specifically addressing sexual orientation or gender identity in housing.^[2]

What Counts as Housing Discrimination?

As a renter in Indiana, you are protected from housing discrimination under the Fair Housing Act when:

• A landlord refuses to rent to you because you are LGBTQ+
• Different terms or conditions are offered (such as higher rent or security deposit)
• You face harassment or intimidation related to your gender identity or sexual orientation
• You are evicted or threatened with eviction due to your LGBTQ+ status

If you believe you have experienced discrimination, you can file a complaint with federal authorities.

How to File a Housing Discrimination Complaint

Filing a complaint is free and does not require legal representation. The U.S. Department of Housing and Urban Development (HUD) investigates discrimination complaints from Indiana renters.

Official Complaint Form

• Form Name: Housing Discrimination Complaint Form (HUD Form 903.1)
• When & How Used: Use this form to report housing discrimination based on sexual orientation, gender identity, or other protected characteristics. For example, if your landlord refused to rent to you after meeting your same-sex partner, you would fill out and submit this form.
• Submit your Housing Discrimination Complaint online at HUD's official site
• Download the official PDF HUD Discrimination Complaint Form (903.1)

Steps to File a Complaint

• Collect documentation or evidence (emails, ads, written communication, or witness statements)
• Complete HUD Form 903.1, online or by mail
• Submit it to HUD as soon as possible, ideally within one year of the discriminatory act
• HUD will investigate and may contact you for further information

Where Indiana Renters Can Seek Help

Indiana does not have a specific residential tenancies tribunal. However, federal fair housing complaints for Indiana are handled by HUD Region V, which oversees Indiana.

If your complaint involves legal proceedings or you require assistance, you may also contact the Indiana Attorney General Consumer Protection Division for guidance.

Relevant Indiana Tenancy Legislation

• Indiana Code Title 32, Article 31: Landlord-Tenant Relations

This state legislation governs general landlord and tenant relations, but does not list LGBTQ+ status as a protected class. Your greatest recourse is under the federal Fair Housing Act.

FAQ: Indiana LGBTQ+ Housing Protections

1. Are Indiana landlords required to rent to LGBTQ+ tenants?
   Yes, under the federal Fair Housing Act, landlords cannot refuse to rent to you because of your sexual orientation or gender identity.
2. Can I file a discrimination complaint if I was harassed for being LGBTQ+ by neighbors?
   Yes. If your landlord is aware of the harassment and fails to address it, you may still have grounds for a fair housing complaint. File with HUD.
3. What evidence should I gather before filing a discrimination complaint?
   Save any written communications, advertisements, witness accounts, or other documentation showing discrimination occurred.
4. Is there a time limit to file a housing discrimination complaint in Indiana?
   You should file within one year of the discriminatory act for the best chance of investigation and possible resolution.
5. Does Indiana law add any protections for LGBTQ+ renters beyond federal law?
   No. Indiana does not currently provide state-level housing protections for LGBTQ+ status; protections come from the federal Fair Housing Act.

Key Takeaways

• Federal law protects Indiana renters from LGBTQ+ housing discrimination, even though the state law does not.
• You can file a free complaint with HUD if you experience discrimination from a landlord in Indiana.
• Gather evidence and act within one year to protect your rights as a renter.

Need Help? Resources for Renters

• HUD Fair Housing Complaint Process
• HUD Region V (Indiana Fair Housing Office)
• Indiana Attorney General – Consumer Protection Division
• Indiana Housing & Community Development Authority

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1. See: HUD Announces Enforcement of Fair Housing Act to Include Gender Identity and Sexual Orientation (2021)
2. Indiana Code Title 32 - Landlord-Tenant Relations

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