Indiana § 32-31-8-7 Owner or landlord not prohibited from refusing to rent based on
reasonable occupancy standard; standard for presumption of
reasonableness

Indiana Statutes

§ 32-31-8-7 — Owner or landlord not prohibited from refusing to rent based on reasonable occupancy standard; standard for presumption of reasonableness

Indiana § 32-31-8-7

Title 32PROPERTY

Art. 31LANDLORD-TENANT RELATIONS

Ch. 8Landlord Obligations Under a Rental Agreement

This text of Indiana § 32-31-8-7 (Owner or landlord not prohibited from refusing to rent based on reasonable occupancy standard; standard for presumption of reasonableness) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-31-8-7 (2026).

Text

(a)The residential landlord-tenant statute (as defined in IC 32-31-2.9-2) does not prohibit an owner or a landlord from refusing to rent a rental unit on the basis of a reasonable occupancy standard.

(b)For purposes of this section, an occupancy standard is presumed reasonable if:

(1)it permits two (2) individuals per bedroom; and

(2)the owner or landlord:

(A)does not include infants less than one (1) year of age in the individuals per bedroom count under subdivision (1); and

(B)increases the number of individuals per unit by considering whether the configuration of a unit includes a:

(i)den;

(ii)library;

(iii)finished basement; or

(iv)loft; that could reasonably be used as a sleeping area, unless doing so would violate applicable state and local codes, including fire codes.

(c)

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(a) The residential landlord-tenant statute (as
defined in IC 32-31-2.9-2) does not prohibit an owner or a landlord
from refusing to rent a rental unit on the basis of a reasonable
occupancy standard.
(b) For purposes of this section, an occupancy standard is presumed
reasonable if:
(1) it permits two (2) individuals per bedroom; and
(2) the owner or landlord:
(A) does not include infants less than one (1) year of age in the
individuals per bedroom count under subdivision (1); and
(B) increases the number of individuals per unit by considering
whether the configuration of a unit includes a:
(i) den;
(ii) library;
(iii) finished basement; or
(iv) loft;
that could reasonably be used as a sleeping area, unless doing
so would violate applicable state and local codes, including fire
codes.
(c) An owner or landlord is not required to consider a kitchen,
dining room, living room, bathroom, hallway, or closet as a sleeping
area.