Fair Housing Act Complaint - Indiana

COMPLAINT FOR HOUSING DISCRIMINATION — INDIANA FAIR HOUSING ACT AND FEDERAL FAIR HOUSING ACT

1. CAPTION

IN THE [________________________________] [CIRCUIT / SUPERIOR] COURT, [________________________________] COUNTY, STATE OF INDIANA

CAUSE NO. [________________________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF (HOUSING DISCRIMINATION)

1. Violation of the Indiana Fair Housing Act (Ind. Code § 22-9.5-5);
2. Violation of the federal Fair Housing Act (42 U.S.C. § 3604);
3. Interference, Coercion, or Intimidation (Ind. Code § 22-9.5-5-8; 42 U.S.C. § 3617); and
4. Failure to Provide Reasonable Accommodation / Modification (where disability is alleged).

DEMAND FOR JURY TRIAL

Plaintiff alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Indiana, and an "aggrieved person" within the meaning of Ind. Code § 22-9.5-2-2 and 42 U.S.C. § 3602(i). Plaintiff is a member of one or more protected classes identified below.

2.2. Defendant Owner / Landlord. Defendant [NAME] ("Defendant" or "[SHORT NAME]") is, and at all relevant times was, the [owner / landlord / lessor] of the dwelling at [PROPERTY ADDRESS] ("the Property"), and a "person" subject to Ind. Code § 22-9.5-5.

2.3. Defendant Manager / Agent / Lender. Defendant [NAME] is, and at all relevant times was, the [property manager / real estate broker or salesperson / mortgage lender / HOA] for the Property, acting within the course and scope of that agency.

2.4. Doe Defendants. Plaintiff is presently unaware of the true names and capacities of Defendants sued as Does 1 through 10 and will amend this Complaint when ascertained.

3. JURISDICTION AND VENUE

3.1. Subject-matter jurisdiction. This Court has subject-matter jurisdiction under Ind. Const. Art. VII, § 8 and Ind. Code § 33-29-1.5-2 / § 33-28-1-2, which vest the circuit and superior courts with original jurisdiction over civil actions. The state-law claims are brought pursuant to Ind. Code § 22-9.5-7-1.

3.2. Concurrent federal jurisdiction. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a), which authorizes a civil action "in an appropriate United States district court or State court."

3.3. Personal jurisdiction. Defendants are subject to the personal jurisdiction of this Court under Ind. Trial Rule 4.4 because they reside in, own property in, and/or transact business in Indiana, and committed the unlawful acts within this State.

3.4. Venue. Preferred venue lies in [________________________________] County under Ind. Trial Rule 75 because the Property is located in this County and/or a Defendant resides or has its principal office here.

3.5. Civil action by aggrieved person (state counts). Pursuant to Ind. Code § 22-9.5-7-1, an aggrieved person may file a civil action not later than two (2) years after the occurrence or termination of an alleged discriminatory housing practice. This Complaint is timely filed. [If an ICRC charge was filed: Plaintiff filed Complaint No. [________] with the Indiana Civil Rights Commission on or about [__/__/____].] The limitation period excludes any time during which an administrative hearing under Ind. Code § 22-9.5 was pending.

3.6. No exhaustion required (federal counts). The federal Fair Housing Act counts under 42 U.S.C. § 3613 do not require administrative exhaustion and may be brought directly in this Court.

4. FACTUAL ALLEGATIONS

4.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase / resided in / inquired about] the dwelling at the Property.

4.2. Plaintiff is a member of the following protected class(es) under the Indiana Fair Housing Act (Ind. Code § 22-9.5-5-1) and the federal Fair Housing Act:

☐ Race
☐ Color
☐ Religion
☐ Sex
☐ National origin
☐ Disability (physical or mental impairment)
☐ Familial status (families with children under 18; pregnant persons)

4.3. Defendant(s) engaged in the following discriminatory housing practice(s):

☐ Refusal to rent or sell, or otherwise making housing unavailable (Ind. Code § 22-9.5-5-1; 42 U.S.C. § 3604(a))
☐ Discrimination in the terms, conditions, or privileges of rental or sale (Ind. Code § 22-9.5-5-2; 42 U.S.C. § 3604(b))
☐ Discriminatory notice, statement, or advertisement (Ind. Code § 22-9.5-5-3; 42 U.S.C. § 3604(c))
☐ Representation that a dwelling is unavailable when it is in fact available (Ind. Code § 22-9.5-5-4; 42 U.S.C. § 3604(d))
☐ Steering to or away from particular dwellings or neighborhoods
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (Ind. Code § 22-9.5-5-5; 42 U.S.C. § 3604(f)(3)(B))
☐ Refusal to permit a reasonable modification of the premises (Ind. Code § 22-9.5-5-5; 42 U.S.C. § 3604(f)(3)(A))
☐ Harassment or creation of a hostile housing environment
☐ Retaliation, coercion, intimidation, or interference (Ind. Code § 22-9.5-5-8; 42 U.S.C. § 3617)
☐ Other state-protected-class discrimination: [____]

4.4. Specifically, [DESCRIBE THE DISCRIMINATORY ACT IN DETAIL — what happened, who said or did what, when, and where].

4.5. [CHRONOLOGY — list each material event with dates, decision-makers, and witnesses.]

4.6. Similarly situated [applicants / tenants / purchasers] outside Plaintiff's protected class(es) were treated more favorably, as evidenced by [comparator evidence / tester evidence / statements].

4.7. Defendant's stated reason(s) for the adverse action, if any, are pretextual, and the true motivation was discrimination based on Plaintiff's protected characteristic(s).

Disability-Specific Allegations (if applicable)

4.8. Plaintiff has a disability within the meaning of Ind. Code § 22-9.5-2-10 and 42 U.S.C. § 3602(h), specifically: [DESCRIBE IMPAIRMENT AND FUNCTIONAL LIMITATIONS].

4.9. On or about [__/__/____], Plaintiff requested the following reasonable accommodation or modification, necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling:

☐ Accommodation (change in rules, policies, practices, or services): [DESCRIBE]
☐ Modification (physical alteration of the dwelling): [DESCRIBE]

4.10. Defendant [denied the request / failed to respond / imposed unreasonable conditions / retaliated], without legitimate justification, in violation of Ind. Code § 22-9.5-5-5.

Harm

4.11. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered [denial of housing / increased housing costs / forced relocation / out-of-pocket losses / emotional distress, humiliation, and embarrassment / loss of housing opportunity], in amounts to be proven at trial.

5. COUNT I — INDIANA FAIR HOUSING ACT (Ind. Code § 22-9.5-5)

5.1. Plaintiff incorporates Paragraphs 1 through 4.11 as though fully set forth.

5.2. The Indiana Fair Housing Act, Ind. Code § 22-9.5-5-1, makes it unlawful to refuse to sell or rent, or otherwise make unavailable or deny, a dwelling to a person because of race, color, religion, sex, familial status, national origin, or disability.

5.3. Ind. Code § 22-9.5-5-2 through § 22-9.5-5-5 prohibit discrimination in the terms and conditions of a transaction, discriminatory advertising, misrepresentation of availability, and disability-based discrimination, including refusal of reasonable accommodations and modifications.

5.4. Defendant(s) violated the Indiana Fair Housing Act by [STATE THE PROHIBITED PRACTICE(S) CHECKED ABOVE] because of Plaintiff's [PROTECTED CHARACTERISTIC].

5.5. As a direct and proximate result, Plaintiff has suffered the damages described above and is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs in a civil action under Ind. Code § 22-9.5-7-1.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604)

6.1. Plaintiff incorporates Paragraphs 1 through 4.11 as though fully set forth.

6.2. The federal Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination in the sale or rental of a dwelling, and in the terms, conditions, privileges, services, and facilities connected therewith, because of race, color, religion, sex, familial status, national origin, or disability.

6.3. Defendant(s)' conduct constitutes one or more violations of 42 U.S.C. § 3604(a)–(f), including [refusal to rent or sell / discriminatory terms / discriminatory statements / misrepresentation of availability / failure to accommodate or permit modification].

6.4. Disparate-impact liability is cognizable under the Fair Housing Act. Texas Dep't of Housing & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).

6.5. Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — INTERFERENCE, COERCION, OR INTIMIDATION (Ind. Code § 22-9.5-5-8; 42 U.S.C. § 3617)

7.1. Plaintiff incorporates Paragraphs 1 through 4.11 as though fully set forth.

7.2. Ind. Code § 22-9.5-5-8 and 42 U.S.C. § 3617 make it unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of having exercised, rights granted or protected by the fair housing laws.

7.3. Defendant(s) coerced, intimidated, threatened, or interfered with Plaintiff by [DESCRIBE — e.g., retaliatory eviction, threats, harassment after a complaint or accommodation request].

7.4. Plaintiff is entitled to actual and punitive damages, injunctive relief, and attorney's fees and costs.

8. COUNT IV — FAILURE TO PROVIDE REASONABLE ACCOMMODATION / MODIFICATION (If Disability Alleged)

8.1. Plaintiff incorporates Paragraphs 1 through 4.11 as though fully set forth.

8.2. Under Ind. Code § 22-9.5-5-5 and 42 U.S.C. § 3604(f)(3)(A)–(B), it is unlawful to refuse to permit a reasonable modification of a dwelling, or to refuse to make a reasonable accommodation in rules, policies, practices, or services, when necessary to afford a person with a disability equal opportunity to use and enjoy the dwelling.

8.3. Plaintiff's requested [accommodation / modification] was reasonable and necessary, and Defendant's refusal denied Plaintiff equal opportunity to use and enjoy the dwelling.

8.4. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation or modification), and attorney's fees and costs.

9. DAMAGES

9.1. Actual damages: out-of-pocket losses, increased housing and relocation costs, and other economic harm, in amounts to be proven at trial.

9.2. Emotional distress damages: humiliation, mental anguish, embarrassment, anxiety, and loss of dignity.

9.3. Punitive damages: in a civil action under Ind. Code § 22-9.5-7 and under 42 U.S.C. § 3613(c)(1) (no statutory cap).

9.4. Civil penalties: available in Indiana Civil Rights Commission administrative proceedings (Ind. Code § 22-9.5-6) and HUD administrative proceedings (42 U.S.C. § 3612) — not awarded in this private court action.

9.5. Attorney's fees and costs: under Ind. Code § 22-9.5-7 and 42 U.S.C. § 3613(c)(2).

9.6. Pre- and post-judgment interest as allowed by law.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages (including emotional distress) according to proof;
• B. For punitive damages under Ind. Code § 22-9.5-7 and 42 U.S.C. § 3613(c)(1);
• C. For a declaratory judgment that Defendants' conduct violated the Indiana Fair Housing Act and the federal Fair Housing Act;
• D. For injunctive relief, including an order to cease and desist the discriminatory practices, to make the requested accommodation/modification, and to adopt non-discriminatory policies;
• E. For reasonable attorney's fees and costs under Ind. Code § 22-9.5-7 and 42 U.S.C. § 3613(c)(2);
• F. For pre- and post-judgment interest at the maximum legal rate; and
• G. For such other and further relief as the Court deems just and proper.

11. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to Ind. Trial Rule 38(B) and the Seventh Amendment to the United States Constitution.

12. VERIFICATION

I, [PLAINTIFF NAME], affirm under the penalties for perjury under the laws of the State of Indiana that I am the Plaintiff in the above-entitled action; that I have read the foregoing Complaint; and that the matters stated therein are true to the best of my knowledge and belief, except as to those matters stated on information and belief, which I believe to be true.

Executed on [__/__/____] at [CITY], Indiana.

[________________________________]

[PLAINTIFF NAME]

13. SIGNATURE AND SERVICE

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Indiana Atty. No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [________________________________]

Email: [________________________________]

14. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF to be served on the following parties by [method — personal service / mail / electronic service via the Indiana E-Filing System (IEFS) per Ind. Trial Rule 86]:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]

[NAME / TITLE]

15. INDIANA PRACTICE NOTES

• Enforcing agency. The Indiana Civil Rights Commission (ICRC) investigates fair-housing complaints under the Indiana Fair Housing Act (Ind. Code § 22-9.5). The ICRC is a HUD-recognized substantially equivalent (FHAP) agency and operates under a work-sharing agreement with HUD.
• Administrative charge vs. court suit. A complainant may (a) file an administrative complaint with the ICRC under Ind. Code § 22-9.5-6, which is then investigated and may proceed to an administrative hearing; or (b) file a civil action directly in court under Ind. Code § 22-9.5-7-1 without first exhausting the administrative process. Where an ICRC complaint has been filed, the parties may elect to have the claims decided in a civil action (see Ind. Code § 22-9.5-6 election provisions).
• Limitations — state. An administrative complaint with the ICRC should be filed within one (1) year of the discriminatory housing practice (Ind. Code § 22-9.5-6). A private civil action under Ind. Code § 22-9.5-7-1 must be filed within two (2) years of the occurrence or termination of the practice; that period excludes any time an administrative hearing on the complaint is pending. VERIFY the operative limitation directly against the current statute before filing, as sources differ on the one-year administrative versus two-year court periods.
• Limitations — federal. Under the federal FHA, an administrative complaint to HUD must be filed within one (1) year (42 U.S.C. § 3610(a)(1)(A)(i)), and a private civil action under 42 U.S.C. § 3613(a)(1)(A) must be filed within two (2) years of the occurrence or termination of the discriminatory practice.
• Remedies — state. A civil action under Ind. Code § 22-9.5-7 permits actual damages, punitive damages, injunctive relief, and reasonable attorney's fees and costs. The ICRC may award damages and impose civil penalties in administrative proceedings under Ind. Code § 22-9.5-6.
• Remedies — federal. 42 U.S.C. § 3613(c) authorizes actual damages, uncapped punitive damages, injunctive relief, and reasonable attorney's fees and costs.
• Protected-classes flag (state-specific). Indiana's protected classes track federal law — race, color, religion, sex, familial status, national origin, and disability. Indiana does NOT add source of income, sexual orientation, gender identity, age, or marital status at the STATE level. Several Indiana municipalities (e.g., Indianapolis/Marion County, Bloomington, South Bend) protect additional classes by ordinance; check local fair-housing law where the Property is located.
• Legislative watch (unsettled). Proposed legislation periodically targets the structure of Indiana's civil-rights enforcement (e.g., HB 1193 in the 2026 session raised concerns about continued "substantial equivalence" certification). Confirm the ICRC's current authority and the Act's current text before filing.

16. SOURCES AND REFERENCES

• Ind. Code Title 22, Article 9.5, Chapter 5 (Indiana Fair Housing — Discrimination Prohibited) — https://law.justia.com/codes/indiana/title-22/article-9-5/chapter-5/
• Ind. Code § 22-9.5-5-5 (disability discrimination; accommodation/modification) — https://law.justia.com/codes/indiana/title-22/article-9-5/chapter-5/section-22-9-5-5-5/
• Ind. Code § 22-9.5-7-1 (civil action by aggrieved person; limitation) — https://law.justia.com/codes/indiana/title-22/article-9-5/chapter-7/section-22-9-5-7-1/
• Ind. Code Title 22, Article 9.5, Chapter 6 (administrative enforcement) — https://law.justia.com/codes/indiana/title-22/article-9-5/chapter-6/
• Indiana Civil Rights Commission — Fair Housing — https://www.in.gov/icrc/
• 42 U.S.C. § 3604 (Fair Housing Act — prohibited practices) — https://www.justice.gov/crt/fair-housing-act-1
• 42 U.S.C. § 3613 (private civil action; 2-year SOL) — https://www.law.cornell.edu/uscode/text/42/3613
• 42 U.S.C. § 3617 (interference, coercion, intimidation) — https://www.law.cornell.edu/uscode/text/42/3617
• Texas Dep't of Housing & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015)
• 24 C.F.R. Part 100 (HUD Fair Housing regulations) — https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/subchapter-A/part-100

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Indiana must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.