Are landlords allowed to refuse to rent to people based on their gender identity under Fair Housing Law?
No, in Indiana landlords are not allowed to refuse to rent to someone based on their gender identity under Fair Housing Law. According to the Indiana Civil Rights Law, it is unlawful to deny or refuse to rent or lease an apartment or other housing facility on the basis of a person’s gender identity. Indiana defines gender identity as a “person’s gender-related identity, appearance, expression, or behavior, regardless of the person’s assigned sex at birth.” This law applies to any housing accommodation, including rental units, apartments, condominiums, residential housing cooperatives, manufactured housing, and other dwellings. In addition, the Fair Housing Act, a federal law, also prohibits discrimination in housing based on a person’s gender identity. It is illegal for a landlord to deny a rental to someone because of their gender identity. If a person believes they have been discriminated against on the basis of their gender identity, they can file a complaint with the US Department of Housing and Urban Development’s (HUD) Office of Fair Housing and Equal Opportunity. The HUD will then investigate the claim to determine if the landlord has violated either Indiana’s state law or the federal Fair Housing Act. If a landlord is found to have violated Fair Housing Law, they could face significant penalties, including fines and potential legal action.
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