Rent control rules in Mishawaka, IN β also known as rent stabilization or rent cap ordinances β limit annual rent increases and protect tenants from displacement.
Indiana prohibits local rent control. Indiana Code 32-31-1-20 bars any unit of local government from regulating rental rates for privately owned real property unless authorized by an act of the General Assembly. Any ordinance that violates this section is void and unenforceable. There is no statewide rent cap, and no Indiana city has rent control.
Indiana Code 32-31-1-20 preempts local rent regulation. It provides that a unit, as defined in IC 36-1-2-23, "may not regulate rental rates for privately owned real property, through a zoning ordinance or otherwise, unless the regulation is authorized by an act of the general assembly." The statute also bars units from regulating other aspects of the landlord-tenant relationship, including tenant screening, absent state authorization. Any ordinance or regulation that violates the section "is void and unenforceable." A narrow exception applies to property receiving government funds allocated to provide reduced rents for low- or moderate-income tenants. Indiana imposes no statewide rent cap and no notice-period limit on increases for month-to-month tenancies beyond the standard one rental period.
Any local ordinance or regulation that attempts to set or limit rents on privately owned property in violation of Indiana Code 32-31-1-20 is void and unenforceable; a property owner could obtain a court ruling striking it down. The statute fixes no fine because the preempting measure simply has no legal effect.
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