Cal. Civ. Code § 36-1-24.2-2
Privately owned real property; county or municipality prohibited from requiring owner to agree to rent or purchase price control requirements or requirements designating property for lease or sale based on income or assets; prohibition against requiring payment of fee as prerequisite to approval of permit, petition, or plats
Operative Text
Sec. 2. A county or municipality may not require an owner of privately owned real property to agree to: (1) a requirement that would have an effect described in section 1(1) or 1(2) of this chapter; or (2) the payment of a fee, in lieu of a requirement described in section 1(1) or 1(2) of this chapter, as a prerequisite to the approval or consideration of: (A) any building or land use permit; (B) any land use petition including, but not limited to, variances, special exceptions, conditional use permits, zoning ordinances, or rezoning ordinances; or (C) any primary, secondary, or revised plats.
Indiana Code § 36-1-24.2-2 restricts what counties and municipalities can demand from private property owners as a condition of government approvals. Specifically, local governments cannot require owners to accept rent or purchase price controls, income- or asset-based leasing or sale restrictions, or to pay a fee in lieu of those requirements before a building permit, land use petition, or plat is approved or even considered. The provision effectively bars local governments from using the permitting and zoning process as leverage to impose affordability mandates on private real estate.
Plain English — not legal advice.
Under Ind. Code § 36-1-24.2-2, a county or municipality generally cannot condition the approval or consideration of a building permit, variance, rezoning, or plat on a property owner's agreement to rent or price controls, income-based leasing restrictions, or a substitute fee. Compliant local governments process these applications without attaching such requirements. Property owners who encounter such conditions during a permitting or zoning proceeding may have grounds to challenge the local government's authority under this statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 36-1-24.2-2 is a limitation on local government power rather than a provision that directly creates tenant rights or protections. Because it prohibits counties and municipalities from imposing rent control or income-based leasing requirements through the permitting process, it shapes the broader landscape of rental housing regulation in Indiana. Tenants seeking to understand how this interacts with local housing policies may find it useful to consult a tenant-rights organization or legal aid provider familiar with Indiana housing law.
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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