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Gary, IN Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Hot water minimum
120°F at every fixture (§105-294(5))
Winter heat minimum
70°F indoors at -10°F outside (§105-295(6))
Outdoor privies
Banned outright as a nuisance (§105-294(6))
Enforcing officials
Building Commissioner, health commissioner, fire chief
Appeal body
Housing Board of Appeals (§105-260(d))
First-offense fine
Up to $2,500 (§1-7)
Repeat-offense fine
Up to $7,500 (§1-7)

Summary

Gary's Housing Code requires every rental dwelling unit to have a working kitchen sink, a private bathroom with a flush toilet and lavatory, and continuous hot water reaching at least 120 degrees Fahrenheit. Outdoor privies are banned outright. The Building Commissioner, working with the health commissioner and fire chief, inspects units under Municipal Code Article VI, Division 3.

No person shall occupy, either as owner or as tenant, or permit another to occupy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following provisions: (1)Every dwelling unit shall be provided with a kitchen sink in good working condition and properly connected to a water and sewer system approved by the health commissioner or the plumbing inspector; and every dwelling unit shall contain a bathroom which affords complete privacy to a person with same and which is equipped with a flush water closed and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the health commissioner. ... (5)Every dwelling shall have a continuous supply of hot water through water heating facilities which are properly installed and maintained in a safe and good working condition. Such hot water facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit.

Full Breakdown

Under Gary Municipal Code § 105-294, no owner or tenant may occupy or let for occupancy any dwelling or dwelling unit unless it has a kitchen sink connected to an approved water and sewer system, a bathroom affording complete privacy with a flush water closet and lavatory basin, and both hot and cold water at every required fixture. Hot water facilities must be able to deliver water at not less than 120 degrees Fahrenheit at every kitchen sink, lavatory, bathtub or shower. Outdoor privies are declared a public nuisance and are never permitted.

Every unit must also have two safe, unobstructed means of egress that do not pass through another dwelling unit. Section 105-295 separately requires heating facilities capable of holding habitable rooms at 70 degrees Fahrenheit when it is minus ten degrees outside, and bans portable flame heaters and copper- or rubber-tube gas connections. Section 105-296 requires foundations, roofs, windows, and plumbing to be kept weathertight, rodentproof, and in safe repair, with basements free of standing water. The Building Commissioner administers the housing code and may deputize housing inspectors; under § 105-262 the commissioner, health commissioner, and fire chief may enter and inspect a unit at reasonable times, and occupants must allow owners access to make repairs needed for compliance.

Owners of two-or-more-unit dwellings are responsible for shared areas under § 105-292, and a vacated unit must be returned to a sanitary, habitable condition before re-renting.

Violations & Fines

When an inspector finds a violation, § 105-263 requires the Building Commissioner to serve written notice fixing a reasonable time to correct it; an owner who disagrees may appeal to the housing Board of Appeals created under § 105-260(d). If the owner still fails to comply, the commissioner proceeds under state law to force compliance. Because the housing code carries no separate fine schedule, violations are punished under the city's general penalty, Gary Municipal Code § 1-7: up to $2,500 for a first offense and up to $7,500 for a repeat offense, with each continuing day a separate violation.

Frequently Asked Questions

Does a Gary rental unit need its own bathroom?
Yes. Gary Municipal Code § 105-294 requires every dwelling unit to have a bathroom affording complete privacy, equipped with a working flush water closet and lavatory basin connected to an approved water and sewer system, plus a kitchen sink in good working condition. A unit missing any of these fixtures fails the city's minimum dwelling standard.
How hot must the water be in a Gary rental?
Section 105-294(5) requires a continuous supply of hot water capable of reaching at least 120 degrees Fahrenheit at every required kitchen sink, lavatory, bathtub, or shower. The heating facility must be properly installed and kept in safe, good working condition; a water heater that cannot reach that temperature is a housing code violation.
Who inspects rental housing conditions in Gary?
The Building Commissioner administers the housing code and may deputize housing inspectors, working jointly with the health commissioner and fire chief under § 105-262. These officials may enter and inspect a dwelling at reasonable times, and occupants must allow the owner access to make repairs necessary to bring the unit into compliance.
What happens if a Gary landlord ignores a housing code notice?
The Building Commissioner can pursue compliance through the housing Board of Appeals under § 105-263 and, if that fails, proceed under state statutes. Because the housing code sets no separate fine, violations fall under the city's general penalty, § 1-7, punishable by up to $2,500 for a first offense and $7,500 for a later one.

Sources & Official References

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