Cal. Civ. Code § 36-7-18-26
Tenant selection; rentals; adoption of rules
Operative Text
Sec. 26. (a) A housing authority shall observe the following rules with respect to rentals and tenant selection in the operation and management of housing projects: (1) An authority may not accept a person as a tenant in a dwelling in a project if the persons who would occupy the dwelling have an aggregate annual income that equals or exceeds the amount that, as determined by the authority, is necessary to enable those persons to secure safe, sanitary, and uncongested dwelling accommodations within the jurisdiction of the authority and to provide an adequate standard of living for themselves. The determination of the authority is conclusive. (2) An authority may rent or lease the dwelling accommodations in a project only at rentals within the financial reach of persons who lack the amount of income that, as determined in subdivision (1), is necessary to obtain safe, sanitary, and uncongested dwelling accommodations within the jurisdiction of the authority and to provide an adequate standard of living. (3) An authority may rent or lease to a tenant a dwelling consisting of a number of rooms no greater than that which it considers necessary to provide safe and sanitary accommodations without overcrowding. (b) The housing authority shall adopt rules indicating the manner in which it will comply with this section. These rules apply equally to all tenants and must be posted for public inspection in a conspicuous place in the office of the authority. (c) This section does not limit the power of an authority to vest rights in an obligee under section 33 of this chapter free from all the restrictions imposed by this section. As added by Acts 1981, P.L.309, SEC.37.
Indiana Code § 36-7-18-26 establishes the framework under which local housing authorities set income-based eligibility limits and rental rates for public housing projects. Authorities are empowered to determine the income threshold above which a household is considered able to afford private housing, and that determination is treated as final. Dwelling units may only be rented to households whose incomes fall below that threshold, and unit size is capped at what the authority deems necessary to avoid overcrowding. Any rules the authority adopts to implement these standards must be applied uniformly to all tenants and posted publicly at the authority's office.
Plain English — not legal advice.
Housing authorities operating under Ind. Code § 36-7-18-26 function as the landlord in public housing contexts and are required to establish written rules governing income eligibility and rental rates. Compliant authorities document the income threshold used to determine affordability, apply that threshold consistently across all applicants, and limit unit assignments to a room count that prevents overcrowding. These rules must be posted in a conspicuous location in the authority's office so that they are accessible for public inspection.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Ind. Code § 36-7-18-26, tenants and applicants in Indiana public housing have a right to expect that the housing authority's eligibility and rental rules are applied equally to everyone and are available for public review at the authority's office. If an applicant or tenant believes the authority has applied its rules inconsistently or failed to post them as required, they may raise that concern directly with the housing authority, contact a local tenant-rights organization for guidance, or inquire with the Indiana Housing and Community Development Authority about oversight options. Because the authority's income determinations are designated as conclusive under this section, understanding the posted rules before or during the application process can be an important step.
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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