Indiana Code 32-31-1-20. Local units prohibited from regulating rental rates and landlord-tenant relationship

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.

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Terms Used In Indiana Code 32-31-1-20

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
real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5

(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

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.]