§ 32-31-1-20 — Local units prohibited from regulating rental rates and landlord-tenant relationship

Indiana § 32-31-1-20

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 31: LANDLORD-TENANT RELATIONS
• Ch. 1: General Provisions

Text

(a) Subject to IC 36-1-3-8.5, this section
does not apply to privately owned real property for which government
funds or benefits have been allocated from the United States
government, the state, or a political subdivision for the express purpose
of providing reduced rents to low or moderate income tenants.
(b) A unit (as defined in IC 36-1-2-23) may not regulate rental rates
for privately owned real property, through a zoning ordinance or
otherwise, unless the regulation is authorized by an act of the general
assembly.
(c) A unit (as defined in IC 36-1-2-23) may not regulate, through an
ordinance or otherwise, any of the following aspects of a
landlord-tenant relationship with respect to privately owned real
property located in the unit unless the regulation is authorized by an act
of the general assembly:
(1) The screening process used by a landlord in approving tenants
to lease privately owned real property.
(2) Security deposits.
(3) Lease applications.
(4) Leasing terms and conditions.
(5) Disclosures concerning the:
(A) property;
(B) lease; or
(C) rights and responsibilities of the parties;
involved in a landlord-tenant relationship.
(6) The rights of the parties to a lease.
(7) Any fees charged by a landlord.
Any ordinance or regulation that violates this subsection is void and
unenforceable.
[Pre-2002 Recodification Citation: 32-7-1-19.]

Legislative History

As added by P.L.2-2002, SEC.16. Amended by P.L.266-2017, SEC.1; P.L.168-2020, SEC.17; P.L.215-2021, SEC.1.