Ohio Code 5321.19 – Effect of chapter on political subdivisions
(A) Except as provided in division (B) of this section, no political subdivision may enact, adopt, renew, maintain, enforce, or continue in existence any charter provision, ordinance, resolution, rule, or other measure that is in conflict with this chapter, or that regulates the rights and obligations of parties to a rental agreement that are regulated by this chapter, including, without limitation, by any way imposing or requiring rent control or rent stabilization.
Terms Used In Ohio Code 5321.19
- Bond: includes an undertaking. See Ohio Code 1.02
- Political subdivision: means a county, township, municipal corporation, or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state. See Ohio Code 5321.01
- Rent control: means requiring below-market rents for residential premises or controlling rental rates for residential premises in any manner, including by prohibiting rent increases, regulating rental rate changes between tenancies, limiting rental rate increases, regulating the rental rates of residential premises based on income or wealth of tenants, and other forms of restraint or limitation of rental rates. See Ohio Code 5321.01
- Rent stabilization: means allowing rent increases for residential premises of a fixed amount or on a fixed schedule as set by a political subdivision. See Ohio Code 5321.01
- Rental agreement: means any agreement or lease, written or oral, which establishes or modifies the terms, conditions, rules, amount of rent charged or paid, or any other provisions concerning the use and occupancy of residential premises by one of the parties. See Ohio Code 5321.01
- Residential premises: includes a dwelling unit that is owned or operated by a college or university. See Ohio Code 5321.01
- Rule: includes regulation. See Ohio Code 1.59
(B) This chapter does not preempt any of the following:
(1) Housing, building, health, or safety code, or any ordinance as described in division (A)(9) of section 5321.04 of the Revised Code, of any political subdivision;
(2) Charter provision, ordinance, resolution, rule, or other measure of a political subdivision that regulates, or has the effect of regulating in any way, rent charged or paid for the use of residential premises that such political subdivision owns or operates;
(3) A political subdivision from adopting any charter provision, ordinance, resolution, rule, or other measure to implement a plan to use voluntary incentives or agreements that regulates, or has the effect of regulating in any way, rent charged or paid for the use of residential premises so long as such regulating is related to voluntary incentives or agreements to increase or maintain the supply or improve the quality of available residential premises, including, without limitation, incentives authorized by federal law, the incentives set forth in sections 3735.65 to 3735.70 of the Revised Code, tax abatements, tax credit financing, bond or other financing, or loans or grants from the political subdivision.
Last updated October 20, 2022 at 9:57 AM