Indiana § 36-1-20-4.1 Rental unit inspection programs; limitations; fees; section not
applicable to registration or inspection programs created before July 1,
1984

Indiana Statutes

§ 36-1-20-4.1 — Rental unit inspection programs; limitations; fees; section not applicable to registration or inspection programs created before July 1, 1984

Indiana § 36-1-20-4.1

Title 36LOCAL GOVERNMENT

Art. 1GENERAL PROVISIONS

Ch. 20Regulation of Residential Leases

This text of Indiana § 36-1-20-4.1 (Rental unit inspection programs; limitations; fees; section not applicable to registration or inspection programs created before July 1, 1984) 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 § 36-1-20-4.1 (2026).

Text

1.

(a)This section does not apply to a political subdivision with a rental registration or inspection program created before July 1, 1984. This section does not apply to a manufactured housing community or mobile home community that is licensed, permitted, and inspected by the Indiana department of health.

(b)Except as provided in subsection (c), this chapter does not prohibit a political subdivision from establishing and enforcing a program for inspecting rental units.

(c)Except as provided in subsection (d), after June 30, 2014, a political subdivision may not inspect a rental unit or impose a fee pertaining to the inspection of a rental unit, if the rental unit satisfies all of the following:

(1)The rental unit is:

(A)managed by; or

(B)part of a rental unit community that is manag

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1. (a) This section does not apply to a political
subdivision with a rental registration or inspection program created
before July 1, 1984. This section does not apply to a manufactured
housing community or mobile home community that is licensed,
permitted, and inspected by the Indiana department of health.
(b) Except as provided in subsection (c), this chapter does not
prohibit a political subdivision from establishing and enforcing a
program for inspecting rental units.
(c) Except as provided in subsection (d), after June 30, 2014, a
political subdivision may not inspect a rental unit or impose a fee
pertaining to the inspection of a rental unit, if the rental unit satisfies
all of the following:
(1) The rental unit is:
(A) managed by; or
(B) part of a rental unit community that is managed by;
a professional real estate manager.
(2) During the previous twelve (12) months, the rental unit has
been inspected or is part of a rental unit community that has been
inspected by either of the following:
(A) By or for:
(i) the United States Department of Housing and Urban
Development, the Indiana housing and community
development authority, or another federal or state agency; or
(ii) a financial institution or insurance company authorized to
do business in Indiana.
(B) By an inspector who:
(i) is a registered architect;
(ii) is a professional engineer; or
(iii) satisfies qualifications for an inspector of rental units
prescribed by the political subdivision.
The inspector may not be an employee of the owner or landlord.
(3) A written inspection report of the inspection under subdivision
(2) has been issued to the owner or landlord of the rental unit or
rental unit community (as applicable) that verifies that the rental
unit or a random sample of the rental unit community, if the
sample size complies with the United States Department of
Housing and Urban Development's (HUD) rules for sample size
on inspection, is safe and habitable with respect to:
(A) electrical supply and electrical systems;
(B) plumbing and plumbing systems;
(C) water supply, including hot water;
(D) heating, ventilation, and air conditioning equipment and
systems;
(E) bathroom and toilet facilities;
(F) doors, windows, stairways, and hallways;
(G) functioning smoke detectors; and
(H) the structure in which a rental unit is located.
A political subdivision may not add to the requirements of this
subdivision.
(4) The inspection report issued under subdivision (3) is delivered
to the political subdivision on or before the due date set by the
political subdivision.
(d) This subsection applies to all rental units, including a rental unit
that meets the requirements for an exemption under subsection (c). A
political subdivision may inspect a rental unit, if the political
subdivision:
(1) has reason to believe; or
(2) receives a complaint;
that the rental unit does not comply with applicable code requirements.
However, in the case of a rental unit that meets the requirements for an
exemption under subsection (c), the political subdivision may not
impose a fee pertaining to the inspection of the rental unit. If an
inspection of a rental unit reveals a violation of applicable code
requirements, the owner of the rental unit may be subject to a penalty
as provided in section 6 of this chapter.
(e) This subsection applies only to a rental unit that meets the
requirements for an exemption under subsection (c). If the inspection
report for the rental unit or a sample of the rental unit community is
prepared by or for the United States Department of Housing and Urban
Development, the inspection report is valid for purposes of maintaining
the exemption under subsection (c) until:
(1) the date specified in the inspection report; or
(2) thirty-six (36) months after the date of the inspection report;
whichever is earlier.