Indiana § 12-28-4-9 - Covenants created before April 1, 1988, restricting residential facilities for persons with a developmental disability or mental illness
Full text of Indiana Indiana Code § 12-28-4-9 — Covenants created before April 1, 1988, restricting residential facilities for persons with a developmental disability or mental illness, with citation guidance and answers to common questions.
§ 12-28-4-9. Covenants created before April 1, 1988, restricting residential facilities for persons with a developmental disability or mental illness
Sec. 9. (a) This section applies to each restriction, reservation, condition, exception, or covenant that is created before April 1, 1988, in any subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property.
(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:
(1) on the ground that the residential facility is a business;
(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: 4-28-21-8.]
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.143.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 12-28-4-9
What does Indiana Code § 12-28-4-9 cover?
Section 12-28-4-9 ("Covenants created before April 1, 1988, restricting residential facilities for persons with a developmental disability or mental illness") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 12-28-4-9?
A common citation format is "Indiana Code § 12-28-4-9" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 12-28-4-9 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.