Sec. 7 . (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
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.
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.