Cal. Civ. Code § 36-1-24-8
Owner occupied short term rental property is a permitted residential use
Operative Text
Sec. 8. A short term rental of owner occupied short term rental property is a permitted residential use under any applicable zoning ordinance of a unit and may not be disallowed by any zoning ordinance (as defined in IC 36-7-1-22) in a zoning district or classification of a unit that permits residential use.
Under Indiana Code § 36-1-24-8, when a property owner occupies their home and rents it out on a short-term basis, that activity is legally classified as a permitted residential use. Local zoning ordinances cannot prohibit such rentals in any zoning district or classification that already allows residential use. This provision effectively limits the authority of local governments to ban owner-occupied short-term rentals through zoning rules alone.
Plain English — not legal advice.
Indiana Code § 36-1-24-8 provides a meaningful protection for owner-occupants who operate short-term rentals: a local zoning ordinance cannot be used to prohibit the rental activity in a residentially zoned area. Compliant operators generally confirm that their property qualifies as 'owner occupied short term rental property' under Indiana law and keep documentation of their owner-occupancy status. Other local regulations—such as licensing, health, or safety requirements—may still apply even where zoning restrictions are preempted by this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Indiana Code § 36-1-24-8 establishes that owner-occupied short-term rentals are a permitted residential use and cannot be zoned out of residentially classified districts. Tenants or neighbors who have questions about whether a specific short-term rental complies with other applicable local rules—beyond zoning—may consult their local municipal or county offices for guidance. Tenant-rights organizations can also help individuals understand how this provision interacts with other housing regulations that may affect their living situation.
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.
Effective Timeline
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