Section 910 IAC 2-8-4 - Use of words, phrases, symbols, and visual aidsAuthority: IC 22-9.5-4-2
Affected: IC 22-9.5-3-4
Sec. 4.
The words, phrases, symbols, and forms listed in this section typify those most often used in residential real estate advertising to convey either overt or tacit discriminatory preferences or limitations. In considering a complaint under IC 22-9.5, the ICRC will normally consider the use of the following comparable words, phrases, symbols, and forms to indicate a possible violation of IC 22-9.5 and to establish a need for further proceedings on the complaint if it is apparent from the context of the usage that discrimination within the meaning of IC 22-9.5 is likely to result:
(1) Words descriptive of dwelling, landlord, and tenants, including, but not limited to, the following: (2) Words indicative of race, color, religion, sex, handicap, familial status, or national origin, including, but not limited to, the following:(A) Words indicative of race, including, but not limited to: (B) Words indicative of color, including, but not limited to, the following:(C) Words indicative of religion, including, but not limited to, the following:(D) Words indicative of national origin, including, but not limited to, the following: (E) The exclusive use of words in advertisements, including those involving the rental of separate units in a single-family or multiple-family dwelling, stating or tending to imply that the housing being advertised is available to persons of only one (1) sex and not the other, except where sharing living areas is involved. Nothing in this rule restricts advertisement of a dwelling used exclusively for dormitory facilities by educational institutions.(F) Words indicative of handicap, including, but not limited to, the following: (viii) Physically fit. Nothing in this rule restricts the inclusion of information about the availability of accessible housing in advertising a dwelling.(G) Words indicative of familial status, including, but not limited to, the following: (iv) Mature persons. Nothing in this rule restricts advertisement of a dwelling which is intended and operated for occupancy by older persons and which constitutes housing for older persons as defined in IC 22-9.5-3-4.
(H) Words and phrases, such as any of the following used in a discriminatory context should be avoided: (vii) Membership approval.(3) A symbol or logotype which imply [sic., implies] or suggest [sic., suggests] any of the following: (4) Words or phrases used regionally or locally which imply or suggest any of the following: (5) Directions which imply a discriminatory preference, limitation, or exclusion. The following are examples: (A) A reference to a real estate location made in terms of a significant landmark of racial or national origin such as: (i) an existing black development which may be a signal to blacks; or(ii) an existing development known for its exclusion of minorities which may be a signal to whites.(B) Specific directions which make a reference to a significant area of racial or national origin may indicate a racial preference.(C) A reference to a synagogue, congregation, or parish may indicate a religious preference.(6) Names of facilities which cater to a particular racial, national origin, or religious group such as country club or private school designations or names of facilities which are used exclusively by one (1) sex may indicate a preference.Civil Rights Commission; 910 IAC 2-8-4; filed Aug 20, 1993, 5:00 p.m.: 17 IR 37; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA