Laws

Housing

Each of the following laws will be a separate book with the title on the binders of each book the active links. The content will be the individual fact sheets. One shelf will be labeled

• The Fair Housing Act

  • The Fair Housing Act is a civil rights law that prohibits discrimination in housing for “protected classes” including disability. The federal fair housing laws require landlords to offer a tenant with a disability a reasonable accommodation to the disability. Tenants with physician diagnosed asthma may request certain accommodations (perhaps such as a de-humidifier for the apartment). For subsidized housing this accommodation may often be provided at the landlord’s expense. Difficult issues arise when the requested accommodation is costly or interferes with rights of other tenants (such as a request that smoking or pets be prohibited in entire building and not just in tenant’s unit).

• Indiana Code (IC) 22-9.5 Indiana Fair Housing

  • The purpose of IC 22-9.5 Indiana Fair Housing article is “…to provide for fair housing practices in Indiana; to create a procedure for investigating and settling complaints of discriminatory housing practices; and to provide rights and remedies substantially equivalent to those granted under federal law.”

• 910 Indiana Administrative Code (IAC) 2

  • 910 IAC-Article 2 Fair Housing Complaints, the policy of the Indiana Civil Rights Commission (ICRC) is to provide fair housing throughout the state of Indiana, “this article provides the ICRC’s interpretation of the coverage and application of IC 22-9.5 regarding discrimination related to the sale or rental of a dwelling, the provision of services in connection therewith, and the availability of a residential real estate related transaction.”

• Residential real estate sales disclosure:

  • IC 32-21-5 defines “defect” to include a condition that would “significantly impair the health …of future occupants of the property.” IC 32-21-5 contains many exemptions and is primarily useful to home buyers who wish to get out of a purchase contract and not with respect to condition discovered after closing. Disclosure form now in use includes question about moisture problems that may alert buyer to potential for mold

• Indiana Code 32-31-8 Landlord Obligations Under a Rental Agreement

  • IC 32-31-8, pertaining to unsubsidized housing, sets forth the landlord’s obligations which include providing “habitable” premises that comply with applicable health and housing codes and maintaining ventilation and air conditioning systems, if provided, in good and safe working condition.

• Housing and Urban Development (HUD)

  • For project-based subsidy, 24 CFR 5.703(f) requires the housing, including air quality, to be “free of health and safety hazards.” The units also must have “proper ventilation and be free of mold, odor (e.g. propane, natural gas, methane gas) or other observable deficiencies.” Inspections are performed by HUD’s Real Estate Assessment Center (REAC).

  • For tenant-based subsidy (Section 8 vouchers), 24 CFR 982.401(h) requires that the unit be “free of pollutants in the air at levels that threaten the health of the occupants.” Inspections are performed by local housing authority inspectors or by contractors for the housing authorities (throughout rural areas of Indiana local Community Action Program (CAP) agencies perform inspections.) State and local health and housing codes also apply to subsidized housing.

• Home warranty:

  • Coverage depends on the terms of the particular warranty, but in general home warranties are unlikely to cover indoor air quality problems unless home is uninhabitable.

• Regulation of home inspectors:

  • New IC 25-20.2-3 requires licensing of home inspectors. Home Inspectors Licensing Board members were appointed July 1, 2004 and are to pass rules implementing licensing by January 1, 2005.

• Insurance coverage for mold and other factors affecting indoor air quality:

  • Currently litigation abounds in this area. Increasingly insurers are excluding mold coverage from policies and arguing that other exclusions, such as the exclusion for pollution, apply to mold claims.

• Building codes for new homes:

  • Existing codes for new home construction may be adequate. It is fairly clear, however, that the number of inspectors available is inadequate to keep up with the pace of new home construction in many parts of Indiana.

School & Child Care

Children with asthma have disease symptoms which substantially limits one or more major life activities, which qualifies as a disability. Three federal regulations protect individuals with disabilities rights to federally funded services. Indiana has two state regulations that can be applied to asthma. One permits children with asthma to carry and self-administer medication with the appropriate documentation. The other state regulation sets rules to follow for the general health and safety of the school environment.

• Title II of the Americans with Disabilities Act of 1990

  • Ensures access to federally funded services for any qualified disabled person. The pertinent section of the act reads: “…no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”

• Section 504 of the Rehabilitation Act of 1973

  • Ensures access to federally funded services for any qualified disabled person. The pertinent section of the act reads: "No otherwise qualified individual with a disability in the United States... shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance…”

• Individuals with Disabilities Education Act (IDEA)

  • IDEA provides funds to help schools serve these students, when schools follow specific requirements. The pertinent section of the act reads: “Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”

• Indiana Code 20-8.1-5.1-7.5 Possession and self-administration of medication permitted

  • Possession and self-administration of medication is permitted for students with a chronic disease or medical condition on school grounds and at school activities provided that the student's parent file an authorization with the student's principal for the student to possess and self-administer the medication. The permission form must be completed by the student’s physician and include a written statement that: the student has an acute or chronic disease or medical condition for which the physician has prescribed medication; the student has been instructed in how to self-administer the medication; and the nature of the disease or medical condition requires emergency administration of the medication.

• 410 Indiana Administrative Code (IAC) 6-5.1 Sanitary Schoolhouse Rule

  • The Sanitary Schoolhouse Rule from the Indiana State Health Department deals with health and safety issues at schools. The relevant sections of the Sanitary Schoolhouse Rule that deals with asthma are 410 IAC 6-5.1-5 Physical Facilities, 410 IAC 6-5.1-10 Refuse Disposal and 410 IAC 6-5.1-11 Special Hazards. Ventilation standards are addressed in the Physical Facilities section, proper waste disposal to prevent pest control is addressed in the Refuse Disposal section, and strong odors from chemicals and proper storage of hazardous chemicals are addressed in the Special Hazards section.