Cal. Civ. Code § 36-1-24.2-4
Privately owned real property; right of owner to voluntarily agree to otherwise prohibited requirement in exchange for incentives or grants
Operative Text
Sec. 4. This chapter does not impair the right of an owner to voluntarily agree to a requirement that would have an effect described in section 1(1) or 1(2) of this chapter in exchange for incentives or grants provided by the county or municipality to the owner of the privately owned real property.
Indiana Code § 36-1-24.2-4 establishes an exception to the general preemption rules set out earlier in the chapter. Even where a county or municipality is otherwise prohibited from imposing certain requirements on private property owners, this provision makes clear that a property owner may still choose to accept such requirements voluntarily if the local government offers incentives or grants in return. The rule preserves the owner's freedom to enter into these voluntary arrangements without the broader chapter being read to block them.
Plain English — not legal advice.
Under Ind. Code § 36-1-24.2-4, property owners retain the option to negotiate with a county or municipality and agree to conditions that would otherwise be off-limits for the government to mandate. Compliant operators who pursue local incentive programs or grant funding generally review the specific requirements attached to those programs before signing any agreement. Because participation is voluntary, operators typically weigh the value of the offered incentives against any operational or use restrictions the agreement would impose on their property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 36-1-24.2-4 means that a landlord's property may be subject to certain conditions—such as affordability requirements—if the owner voluntarily accepted them as part of a local incentive or grant arrangement. Tenants who believe a property is participating in such a program may want to ask the local county or municipal housing office whether any voluntary agreements are on record for that address. Tenant-rights organizations can also help residents understand what protections or obligations may flow from a landlord's participation in a local incentive program.
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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