Indiana: Housing Preemption Overview

The Indiana legislature passed Senate Enrolled Act 148 on February 17, 2021, overriding the governor’s veto.  The bill amended Indiana statutes on a number of housing-related issues, including preempting localities from adopting ordinances on foundation and size requirements for manufactured homes and preempting local ordinances regulating retaliatory acts by landlords. The bill also prevented counties, municipalities, and townships from passing ordinances that regulate not only an enumerated list of landlord-tenant issues such as leasing terms, applications, disclosures, but also “any other aspect” of the landlord-tenant relationship. This “sweeping clause” was applicable to all privately owned real property. 

On April 6, 2021, the Indiana legislature passed House Bill 1541, a “trailer bill” that revises SEA 148. The bill removes SEA 148’s “sweeping clause” while prohibiting contracting around or waiving state statutes defining and prohibiting landlord retaliation. All other elements of SEA 148 remain intact. 

This fact sheet from Local Solutions Support Center and Public Rights Project provides an overview of Housing Preemption in Indiana. Click here to view it.