Indiana § 32-31-8-7 - Owner or landlord not prohibited from refusing to rent based on reasonable occupancy standard; standard for presumption of reasonableness

§ 32-31-8-7. Owner or landlord not prohibited from refusing to rent based on reasonable occupancy standard; standard for presumption of reasonableness

Sec. 7. (a) The residential landlord-tenant statute (as defined in IC 32-31-2.9-2) does not prohibit an owner or a landlord from refusing to rent a rental unit on the basis of a reasonable occupancy standard.

(b) For purposes of this section, an occupancy standard is presumed reasonable if:

(1) it permits two (2) individuals per bedroom; and

(2) the owner or landlord:

(A) does not include infants less than one (1) year of age in the individuals per bedroom count under subdivision (1); and

(B) increases the number of individuals per unit by considering whether the configuration of a unit includes a:

(i) den;

(ii) library;

(iii) finished basement; or

(iv) loft;

that could reasonably be used as a sleeping area, unless doing so would violate applicable state and local codes, including fire codes.

(c) An owner or landlord is not required to consider a kitchen, dining room, living room, bathroom, hallway, or closet as a sleeping area.

As added by P.L.266-2017, SEC.3.

IC 32-31-8.5Chapter 8.5. Retaliatory Acts by Landlords

32-31-8.5-0.5Waiver of chapter prohibited 32-31-8.5-1Applicability of definitions 32-31-8.5-2"Protected activity" 32-31-8.5-3"Rental premises" 32-31-8.5-4"Retaliatory act" 32-31-8.5-5Retaliatory acts by landlord prohibited; nonprohibited acts by landlord; conditions under which landlord may bring certain actions 32-31-8.5-6Local units prohibited from regulating retaliatory acts

IC 32-31-8.5-0.5Waiver of chapter prohibited Sec. 0.5. A waiver of this chapter by a landlord or tenant, including a former tenant, by contract or otherwise, is void.

As added by P.L.215-2021, SEC.2.

IC 32-31-8.5-1Applicability of definitions Sec. 1. The definitions in IC 32-31-3 apply throughout this chapter.

As added by P.L.168-2020, SEC.18.

IC 32-31-8.5-2"Protected activity" Sec. 2. As used in this chapter, "protected activity" means any of the following actions taken by a tenant:

(1) Complaining to a governmental entity responsible for enforcing an applicable building or housing code about a violation with respect to the rental premises that materially affects health or safety.

(2) Complaining to a landlord in writing concerning the landlord's violation of IC 32-31-5-6 or IC 32-31-8-5.

(3) Bringing an action against the landlord under IC 32-31-6 or IC 32-31-8.

(4) Organizing or becoming a member of a tenant's organization.

(5) Testifying in a court proceeding or an administrative hearing against the landlord.

As added by P.L.168-2020, SEC.18.

IC 32-31-8.5-3"Rental premises" Sec. 3. As used in this chapter, "rental premises" has the meaning set forth in IC 32-31-7-3.

As added by P.L.168-2020, SEC.18.

IC 32-31-8.5-4"Retaliatory act" Sec. 4. As used in this chapter, "retaliatory act" means any of the following actions taken by a landlord in response to a tenant's engaging in a protected activity:

(1) Increasing the amount of the tenant's rent.

(2) Decreasing, terminating, or interfering with services provided to the rental premises.

(3) Bringing or threatening to bring an action for possession of the rental premises.

(4) Bringing or threatening to bring an action to:

(A) evict the tenant from the rental premises; or

(B) otherwise terminate the tenant's rental agreement before the expiration of the term of the rental agreement.

As added by P.L.168-2020, SEC.18.

IC 32-31-8.5-5Retaliatory acts by landlord prohibited; nonprohibited acts by landlord; conditions under which landlord may bring certain actions Sec. 5. (a) Subject to subsection (b), and except as provided in subsection (c), a landlord may not engage in a retaliatory act in response to a tenant's engaging in one (1) or more protected activities.

(b) Subsection (a) does not prohibit a landlord from doing any of the following:

(1) Declining to renew a rental agreement at the conclusion of the term of the rental agreement.

(2) Increasing a tenant's rent to that which is charged for comparable market rentals, regardless of whether the increase is effective:

(A) at the conclusion of the term of the rental agreement; or

(B) if provided for in the rental agreement, during the term of the rental agreement.

(3) Subject to applicable law, decreasing or terminating one (1) or more services provided to the rental premises, if those services are decreased or terminated to all tenants on an equal basis.

(c) A landlord may bring an action described in section 4(3) or 4(4) of this chapter (including as a petition for an emergency possessory order under IC 32-31-6) under the following circumstances, or as otherwise authorized by law:

(1) A violation described in section 2(1) of this chapter is caused primarily by the intentional or negligent acts of, or a lack of reasonable care by:

(A) the tenant;

(B) an authorized occupant of the rental premises; or

(C) a guest or invitee of the tenant.

(2) The tenant is in default with respect to rent due and has failed to cure the default within the time set forth in:

(A) IC 32-31-1-6; or

(B) the rental agreement.

(3) Compliance with an applicable building or housing code requires alteration, remodeling, or demolition of the rental premises, such that the tenant would be effectively deprived of use of the rental premises.

(4) The tenant is in noncompliance with a provision of the rental agreement, and the noncompliance materially affects the health or safety of the tenant or others.

(5) The tenant's rental agreement is for a definite term, and the tenant holds over after expiration of the term.

(6) The landlord's action for possession of the rental premises is made:

(A) in good faith; and

(B) before the tenant engages in a protected activity.

(7) The landlord seeks in good faith to take possession of the rental premises at the end of the term of the tenant's rental agreement in order to:

(A) use the rental premises as the landlord's own abode;

(B) alter, remodel, or demolish the rental premises in a manner that requires the complete displacement of the tenant's household; or

(C) terminate for a period of at least six (6) months the use of the property as a rental unit.

As added by P.L.168-2020, SEC.18.

IC 32-31-8.5-6Local units prohibited from regulating retaliatory acts Sec. 6. A unit (as defined in IC 36-1-2-23) may not adopt or enforce any:

(1) ordinance; or

(2) regulation;

concerning retaliatory acts by landlords. Any ordinance or regulation that violates this subsection is void and unenforceable.

As added by P.L.168-2020, SEC.18.

IC 32-31-9Chapter 9. Rights of Tenants Who Are Victims of Certain Crimes

32-31-9-1Application; waiver 32-31-9-2Applicability of definitions 32-31-9-3"Applicable offense" 32-31-9-4"Applicant" 32-31-9-5"Dwelling unit" 32-31-9-6"Perpetrator" 32-31-9-7"Protected individual" 32-31-9-8Lease protections; prohibition of retaliation by landlord 32-31-9-9Change of lock requirements 32-31-9-10Change of lock requirements if a court issues a protection or restraining order 32-31-9-11Reimbursement for lock changes; key requirements 32-31-9-12Termination of rental agreements by protected individuals; written notices; liability 32-31-9-13Rights and obligations of other adult tenants 32-31-9-14Liability of a perpetrator who is a tenant 32-31-9-15Landlord or agent liability