Section 32-31-8-7 - Owner or landlord not prohibited from refusing to rent based on reasonable occupancy standard; standard for presumption of reasonableness(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:(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.Added by P.L. 266-2017,SEC. 3, eff. 7/1/2017.