Cal. Civ. Code § 910-2-3-3
General prohibitions
Operative Text
Sec. 3. (a) It shall be unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: (1) the buyer or renter; (2) a person residing in or intending to reside in the dwelling after it is so sold, rented, or made available; or (3) any person associated with the buyer or renter. (b) It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of: (1) the buyer or renter; (2) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (3) any person associated with the buyer or renter. (c) It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling (a person intending to reside in the dwelling after it is so sold, rented, or made available or any person associated with such person) has a handicap or to make an inquiry as to the nature or severity of a handicap of such person. However, this subsection does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps: (1) Inquiry into an applicant's ability to meet the requirements of ownership or tenancy. (2) Inquiry to determine whether an applicant is qualified for a dwelling available only to a person with handicaps or to a person with a particular type of handicap. (3) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to a person with handicaps or a person with a particular type of handicap. (4) Inquiry to determine whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance. (5) Inquiry to determine whether an applicant has been convicted of illegal manufacture or distribution of a controlled substance. (d) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.
Section 910-2-3-3 of 910 IAC 2 prohibits housing providers in Indiana from refusing to sell or rent a dwelling, or from imposing different terms and conditions, based on a disability of the buyer, renter, an intended resident, or anyone associated with them. The rule also bars housing providers from asking applicants whether they have a disability or how severe it is, though certain narrowly defined inquiries—applied uniformly to all applicants—are permitted. The provision does not require housing to be made available to someone whose tenancy would pose a direct threat to others' health, safety, or property.
Plain English — not legal advice.
Under 910 IAC 2 § 910-2-3-3, compliant housing operators apply the same rental criteria, terms, and services to all applicants regardless of disability status—whether the disability belongs to the applicant, an intended occupant, or an associated person. Operators generally avoid asking about the existence, nature, or severity of any disability during the application process, reserving only those uniform inquiries expressly permitted by the rule, such as confirming an applicant's ability to meet tenancy requirements or screening for current illegal drug use. Operators also document that any denial based on safety or property-damage concerns is grounded in an individualized, objective assessment rather than assumptions tied to disability.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 910-2-3-3 of 910 IAC 2 gives renters and prospective buyers in Indiana the right to be evaluated for housing without regard to their own disability, the disability of anyone who will live with them, or the disability of anyone associated with them. If a housing provider refuses to rent, imposes different lease terms, or asks intrusive questions about a disability outside the narrow exceptions the rule allows, that conduct may constitute a violation of this provision. Tenants who believe their rights under 910 IAC 2 § 910-2-3-3 have been violated can explore filing a complaint with a fair housing agency, raising the violation as a defense in an eviction or denial proceeding, or contacting a tenant-rights or fair housing organization for guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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