910 Ind. Admin. Code 2-4-10

Current through October 23, 2024

Section 910 IAC 2-4-10 - Good faith defense against money damages

Authority: IC 22-9.5-3-4; IC 22-9.5-4-2; P.L. 89-2003

Affected: IC 22-9.5-1-2; IC 22-9.5-6-15; IC 22-9.5-7-2; IC 22-9.5-8.1-2

Sec. 10.

(a) A person shall not be held personally liable for monetary damages for discriminating on the basis of familial status if the person acted with the good faith belief that the housing facility or community qualified for a housing for older persons exemption under this rule.

(b) A person claiming the good faith belief defense must have actual knowledge that the housing facility or community has, through an authorized representative, asserted in writing that it qualifies for a housing for older persons exemption.

(c) Before the date on which the discrimination is claimed to have occurred, a community or facility, through its authorized representatives, must certify, in writing and under oath or affirmation, to the person subsequently claiming the defense that it complies with the requirements for such an exemption as housing for persons at least fifty-five (55) years of age in order for such person to claim the defense.

(d) For purposes of this section, "authorized representative", of a housing facility or community, means the individual, committee, management company, owner, or other entity having the responsibility for adherence to the requirements established by this rule.

(e) For purposes of this section, "person" means a natural person.

(f) A person shall not be entitled to the good faith defense if the person has actual knowledge that the housing facility or community does not, or will not, qualify as housing for persons at least fifty-five (55) years of age. Such a person will be ineligible for the good faith defense regardless of whether the person received the written assurance described in subsection (b).

910 IAC 2-4-10

Civil Rights Commission; 910 IAC 2-4-10; filed May 26, 2004, 3:25 p.m.: 27 IR 3077; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA

Readopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA