Sec. 20. (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.]
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.
Structure Indiana Code
Article 31. Landlord-Tenant Relations
32-31-1-1. Determination of Estates at Will
32-31-1-2. Creation of Tenancy at Will Month to Month
32-31-1-3. Determination of Year to Year Tenancy
32-31-1-4. Notice; Determination of Tenancy
32-31-1-5. Form; Notice Determining Tenancy From Year to Year
32-31-1-6. Rent; Refusal or Neglect to Pay
32-31-1-7. Forms; Notice to Quit; Failure or Refusal to Pay Rent
32-31-1-8. Notice to Quit; When Not Necessary
32-31-1-10. Conveyance by Landlord
32-31-1-11. Attornment of Tenant to Stranger
32-31-1-12. Sublessees; Remedy Against Landlord
32-31-1-13. Alienees of Lessors and Lessees; Remedies
32-31-1-14. Rents; Land Granted for Life
32-31-1-15. Rents; Dependency on Life of Another; Recovery of Arrears
32-31-1-16. Rents; Executors and Administrators; Remedies and Liabilities
32-31-1-17. Occupant Without Special Contract; Liability for Rent
32-31-1-18. Death of Life Tenant Demising Land; Recovery of Rent
32-31-1-20. Local Units Prohibited From Regulating Rental Rates and Landlord-Tenant Relationship