Indiana Code 12-28-4-10. Covenants created on or after April 1, 1988, restricting residential facilities for persons with a developmental disability or mental illness
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Sec. 10. (a) This section applies to each restriction, reservation, condition, exception, or covenant that is created on or after April 1, 1988, in any subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property.
(1) on the ground that the residential facility is a business;
(b) A restriction, a reservation, a condition, an exception, or a covenant in a subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property that would permit the residential use of property but prohibit the use of that property as a residential facility for individuals with a developmental disability or individuals with a mental illness:
Terms Used In Indiana Code 12-28-4-10
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) on the ground that the individuals residing in the residential facility are not related; or
(3) for any other reason;
is, to the extent of the prohibition, void as against the public policy of the state.
[Pre-1992 Revision Citation: 4-28-21-9.]
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.144.