Cal. Civ. Code § 22-9.5-3-1
Sale or rental of certain single-family houses; sale or rental of certain rooms or units
Operative Text
Sec. 1. (a) Subject to subsection (b), IC 22-9.5-5 does not apply to the following: (1) The sale or rental of a single-family house sold or rented by an owner if: (A) the owner does not: (i) own more than three (3) single-family houses at any one (1) time; or (ii) own any interest in, nor is there owned or reserved on the owner's behalf, under any express or voluntary agreement, title to, or any right to any part of the proceeds from the sale or rental of more than three (3) single-family houses at any one (1) time; and (B) the house was sold or rented without: (i) the use of the sales or rental facilities or services of a real estate broker, an agent, or a salesman licensed under IC 25-34.1, or of an employee or agent of a licensed broker, an agent, or a salesman, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five (5) or more families; or (ii) the publication, posting, or mailing of a notice, a statement, or an advertisement prohibited by IC 22-9.5-5-2. (2) The sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner maintains and occupies one (1) of the living quarters as the owner's residence. (b) The exemption in subsection (a)(1) applies to only one (1) sale or rental in a twenty-four (24) month period if the owner was not the most recent resident of the house at the time of the sale or rental.
Indiana Code § 22-9.5-3-1 carves out two categories of housing transactions from the state's fair housing requirements found in IC 22-9.5-5. The first exemption covers small private landlords or sellers who own no more than three single-family homes, conduct the transaction without a licensed real estate broker or prohibited advertising, and—if they were not the most recent resident—can only use this exemption once every 24 months. The second exemption applies to owner-occupied buildings with four or fewer independent living units, commonly called the 'Mrs. Murphy' exemption, where the owner lives on the premises. These exemptions mean that certain anti-discrimination provisions that would otherwise govern housing transactions do not apply in these narrowly defined circumstances.
Plain English — not legal advice.
Under Ind. Code § 22-9.5-3-1, property owners who believe they qualify for one of these exemptions generally ensure they meet every condition simultaneously—for instance, a single-family home seller confirms they hold no more than three such properties, avoids using a licensed broker or prohibited advertising, and tracks whether they were the most recent resident (since non-resident owners may only claim the exemption once per 24-month window). Owner-occupants of small multi-unit buildings (four units or fewer) who live on-site may qualify for the separate subsection (a)(2) exemption. Operators should be aware that falling outside any one of these conditions means the full fair housing requirements of IC 22-9.5-5 apply to the transaction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 22-9.5-3-1 establishes limited exemptions from Indiana's fair housing protections, meaning tenants in certain small, privately managed or owner-occupied properties may have fewer statutory protections under IC 22-9.5-5 than tenants in larger or broker-assisted rental situations. If a tenant believes a landlord is improperly claiming this exemption—for example, by owning more than three single-family homes or using a licensed broker—that tenant may have grounds to assert that the full fair housing rules still apply. Tenants navigating these questions can explore options such as contacting a local tenant-rights organization, reaching out to the Indiana Civil Rights Commission, or consulting a housing attorney to understand which protections may remain available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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