Local Units Prohibited From Regulating Rental Rates and Landlord-Tenant Relationship

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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.


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