2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 1. GENERAL PROVISIONS CHAPTER 20. REGULATION OF RESIDENTIAL LEASES
Download as PDF
IC 36-1-20
Chapter 20. Regulation of Residential Leases
IC 36-1-20-1
Applicable definitions
Sec. 1. The definitions in IC 32-31-3 apply throughout this
chapter.
As added by P.L.212-2011, SEC.1.
IC 36-1-20-1.5
"Rental unit community"
Sec. 1.5. As used in this chapter, "rental unit community" means
one (1) or more parcels of contiguous real property upon which are
located one (1) or more structures containing rental units, if:
(1) the combined total of all rental units in all of the structures
is five (5) or more rental units; and
(2) the rental units are not occupied solely by the owner or the
owner's family.
As added by P.L.193-2014, SEC.2.
IC 36-1-20-2
Assessment of tenants for fees assessed by political subdivision;
exceptions
Sec. 2. (a) Except as provided in subsection (b), the owner of a
rental unit assessed any fee by a political subdivision pertaining to
the rental unit may:
(1) notify the tenants of the rental unit of the assessment of the
fee; and
(2) require the tenants of the rental unit to reimburse the owner
for the payment of the fee.
(b) Tenants of a rental unit may not be required to reimburse the
owner of a rental unit for fees assessed by a political subdivision
relating to the construction of the rental unit, such as building permit
fees.
As added by P.L.212-2011, SEC.1. Amended by P.L.193-2014,
SEC.3.
IC 36-1-20-3
Deposit of fees in dedicated fund; budgeting of money in fund;
nonreversion
Sec. 3. Any fee assessed and collected by a political subdivision
pertaining exclusively to a rental unit or rental unit community must
be maintained in a special fund dedicated solely to reimbursing the
costs actually incurred by the political subdivision relating to the
imposition and amount of the fee. Each fund shall be maintained as
a separate line item in the political subdivision’s budget. Money in
the fund may not at any time revert to the general fund or any other
fund of the political subdivision.
As added by P.L.212-2011, SEC.1. Amended by P.L.193-2014,
SEC.4.
IC 36-1-20-3.5
Permit to lease rental units, when authorized; participation in class
or program as condition prohibited; section not applicable to
registration or inspection programs created before July 1, 1984
Sec. 3.5. (a) This section does not apply to a political subdivision
with a rental registration or inspection program created before July
1, 1984.
(b) A political subdivision may not require a rental unit's owner or
landlord to do any of the following:
(1) Except as provided in subsection (c), obtain a permit to lease
the rental unit.
(2) Participate in a class or government program as a condition
for leasing the rental unit.
(c) Notwithstanding subsection (b), a political subdivision may
require a rental unit's owner or landlord to obtain a permit only as
follows:
(1) A fee may not be charged to obtain a permit.
(2) Except when there is a change of ownership of the real
property, a permit does not expire. A political subdivision may
require a new owner of the real estate to obtain a new permit.
(3) Only one (1) permit may be required for a rental unit
community.
As added by P.L.193-2014, SEC.5.
IC 36-1-20-4
Repealed
(Repealed by P.L.193-2014, SEC.6.)
IC 36-1-20-4.1
Rental unit inspection programs; limitations; fees; section not
applicable to registration or inspection programs created before
July 1, 1984
Sec. 4.1. (a) This section does not apply to a political subdivision
with a rental registration or inspection program created before July
1, 1984. This section does not apply to a manufactured housing
community or mobile home community that is licensed, permitted,
and inspected by the state department of health.
(b) Except as provided in subsection (c), this chapter does not
prohibit a political subdivision from establishing and enforcing a
program for inspecting rental units.
(c) Except as provided in subsection (d), after June 30, 2014, a
political subdivision may not inspect a rental unit or impose a fee
pertaining to the inspection of a rental unit, if the rental unit satisfies
all of the following:
(1) The rental unit is:
(A) managed by; or
(B) part of a rental unit community that is managed by;
a professional real estate manager.
(2) During the previous twelve (12) months, the rental unit has
been inspected or is part of a rental unit community that has
been inspected by either of the following:
(A) By or for:
(i) the United States Department of Housing and Urban
Development, the Indiana Housing and Community
Development Authority, or another federal or state agency;
or
(ii) a financial institution or insurance company authorized
to do business in Indiana.
(B) By an inspector who:
(i) is a registered architect;
(ii) is a professional engineer; or
(iii) satisfies qualifications for an inspector of rental units
prescribed by the political subdivision.
The inspector may not be an employee of the owner or
landlord.
(3) A written inspection report of the inspection under
subdivision (2) has been issued to the owner or landlord of the
rental unit or rental unit community (as applicable) that verifies
that the rental unit or rental unit community is safe and
habitable with respect to:
(A) electrical supply and electrical systems;
(B) plumbing and plumbing systems;
(C) water supply, including hot water;
(D) heating, ventilation, and air conditioning equipment and
systems;
(E) bathroom and toilet facilities;
(F) doors, windows, stairways, and hallways;
(G) functioning smoke detectors; and
(H) the structure in which a rental unit is located.
A political subdivision may not add to the requirements of this
subdivision.
(4) The inspection report issued under subdivision (3) is
delivered to the political subdivision on or before the due date
set by the political subdivision.
(d) This subsection applies to all rental units, including a rental
unit that meets the requirements for an exemption under subsection
(c). A political subdivision may inspect a rental unit, if the political
subdivision:
(1) has reason to believe; or
(2) receives a complaint;
that the rental unit does not comply with applicable code
requirements. However, in the case of a rental unit that meets the
requirements for an exemption under subsection (c), the political
subdivision may not impose a fee pertaining to the inspection of the
rental unit. If an inspection of a rental unit reveals a violation of
applicable code requirements, the owner of the rental unit may be
subject to a penalty as provided in section 6 of this chapter.
(e) This subsection applies only to a rental unit that meets the
requirements for an exemption under subsection (c). If the inspection
report for the rental unit or rental unit community is prepared by or
for the United States Department of Housing and Urban
Development, the inspection report is valid for purposes of
maintaining the exemption under subsection (c) until:
(1) the date specified in the inspection report; or
(2) thirty-six (36) months after the date of the inspection report;
whichever is earlier.
As added by P.L.193-2014, SEC.7.
IC 36-1-20-5
Rental unit registration program; limitations; fees; section not
applicable to registration or inspection programs created before
July 1, 1984
Sec. 5. (a) This section does not apply to a political subdivision
with a rental registration or inspection program created before July
1, 1984.
(b) This chapter does not prohibit a political subdivision from
establishing and enforcing a registration program for rental units
within the political subdivision.
(c) A political subdivision may impose on an owner or landlord of
a rental unit an annual registration fee of not more than five dollars
($5).
(d) A registration fee imposed under subsection (c) covers all the
rental units in a rental unit community. However, if a rental unit is
not part of a rental unit community, a registration fee may be imposed
for each separate parcel of real property on which a rental unit is
located.
(e) If the ownership of a rental unit community or the ownership
of a parcel of real property on which a rental unit is located changes,
a political subdivision may require the new owner of the rental unit
community or new owner of the real estate parcel to:
(1) pay an annual registration fee of not more than five dollars
($5); and
(2) provide updated registration information to the political
subdivision;
not later than thirty (30) days after the change of ownership.
As added by P.L.193-2014, SEC.8.
IC 36-1-20-6
Imposition of penalties for nuisances and violations of political
subdivision's ordinances or codes
Sec. 6. (a) This chapter does not prevent a political subdivision
from imposing and collecting a penalty for an act or omission that is
a nuisance or violation of the political subdivision's enforceable
ordinances or codes, subject to subsection (b).
(b) A penalty permitted under subsection (a) may not be imposed
until after:
(1) reasonable notice of the nuisance or violation has been given
to the owner or the owner's designee;
(2) passage of a reasonable time, which must be stated in the
notice, for the nuisance or violation to be cured; and
(3) failure of the nuisance or violation to be cured within the
time stated in the notice.
As added by P.L.193-2014, SEC.9.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
