Proving Discriminatory Rental Screening in Indiana

Discriminatory screening can be a barrier for renters seeking fair housing opportunities in Indiana. Understanding your rights and how to gather evidence is essential if you suspect a landlord treated you differently because of your race, religion, sex, disability, or other protected status. This guide explains the steps Indiana renters can take to identify, document, and challenge discriminatory screening.

What Is Discriminatory Screening?

Discriminatory screening happens when a landlord or property manager uses rental application procedures or criteria that treat some applicants unfairly due to their membership in a protected class. Under federal and Indiana law, renters are protected against discrimination based on:

• Race or color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (having children under 18)
• Disability

The Indiana Civil Rights Law and the federal Fair Housing Act both prohibit these types of discrimination.^[1][2]

How to Spot Discriminatory Screening Practices

Landlords must apply screening criteria (like credit and background checks, income requirements, or reference requests) equally to all applicants. Warning signs of discrimination include:

• Being told a unit is unavailable, but later seeing it rented to someone outside your protected class
• Imposing extra documentation or higher fees on you but not others
• Receiving different application instructions or waiting periods based on your background

It’s important to document each interaction you have with a landlord or property manager in writing wherever possible.

Documenting Evidence: Your Key to Proving Discrimination

If you believe you were screened unfairly, strong documentation can support your claim. Start by:

• Keeping records of texts, emails, or notes from in-person or phone conversations with the landlord
• Saving copies of your rental application and any written responses
• Gathering witness statements (from anyone who observed your interactions)
• Taking screenshots of online listings and messages

Filing a Complaint: Forms and Steps

Indiana renters may file a fair housing discrimination complaint with the Indiana Civil Rights Commission (ICRC)—the main tribunal handling housing discrimination claims—or directly with the U.S. Department of Housing and Urban Development (HUD).^[3][4]

Official Complaint Forms

• Indiana Civil Rights Commission Housing Discrimination Complaint Form (PDF form)
  Use when: You believe a landlord denied or delayed your rental application due to discrimination. For example, if you were rejected for a unit after the landlord asked about your disability or family status and then imposed different rental requirements than other applicants.
  How to submit: Complete the form and return it by email, mail, or fax to the ICRC offices (details on the form itself).
• HUD Form 903 Online Housing Discrimination Complaint (online form)
  Use when: You want to file with the federal government. This is suitable for both state and out-of-state landlords engaging in discriminatory practices affecting Indiana renters.
  How to submit: Fill out and submit online.

What to Expect After You File

After submitting your complaint, the ICRC or HUD will review your evidence, may investigate further, and could attempt mediation or schedule a hearing if discrimination is found. Timelines vary, but you will be kept updated on your case status.

File your complaint as soon as possible: There are strict time limits—usually 180 days from the act of discrimination for ICRC or within one year for HUD complaints.

Indiana Tenant Protection Laws

Key protections come from the Indiana Code Title 32 Article 31 (Landlord-Tenant Relations) and Indiana Fair Housing Law.^[1][5] These state that landlords cannot use rental screening to treat applicants unfairly based on protected characteristics. For more on these laws, visit the Indiana Housing and Community Development Authority.

Frequently Asked Renters’ Questions

1. What should I include as evidence if I suspect discriminatory screening?
   Gather written communications, notes on conversations, witness statements, and application forms showing how you were treated differently from other applicants.
2. Can a landlord reject me based on my credit if others with similar credit were approved?
   If a landlord uses credit screening inconsistently and only rejects you based on a protected characteristic, it may be discrimination. Document the process for all applicants if possible.
3. Is it free to file a discrimination complaint in Indiana?
   Yes, filing a complaint with the Indiana Civil Rights Commission or HUD is free for renters.
4. What agency investigates fair housing complaints in Indiana?
   The Indiana Civil Rights Commission is the main state authority investigating residential discrimination claims.
5. How long do I have to file a complaint after discrimination happens?
   You have 180 days to file with the ICRC and up to one year to file with HUD.

Key Takeaways for Indiana Renters

• Discriminatory screening is illegal under Indiana and federal law.
• Strong documentation is essential in proving your case.
• Use official complaint forms and act quickly to protect your rights.

Need Help? Resources for Renters

• Indiana Civil Rights Commission (ICRC) – Report discrimination and get complaint forms.
• Indiana Housing and Community Development Authority – Fair Housing – Tenant FAQ and state protections.
• U.S. Department of Housing and Urban Development (HUD) – Complaint portal and fair housing info.
• For in-person assistance: Call the ICRC at (317) 232-2600 or email icrc@crc.in.gov.

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1. Indiana Fair Housing Law
2. Federal Fair Housing Act
3. Indiana Civil Rights Commission (ICRC)
4. HUD Fair Housing Complaint Process
5. Indiana Code Title 32 Article 31 (Landlord-Tenant Relations)

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