Indiana Bans Local 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.