Cal. Civ. Code § 22-9.5-3-6
Local or state restrictions
Operative Text
Sec. 6. (a) This article does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or restriction relating to health or safety standards. (b) This article does not affect a requirement of nondiscrimination in any other state or federal law.
Indiana Code § 22-9.5-3-6 clarifies that the state's fair housing article does not override two categories of existing rules: (1) reasonable local or state limits on how many people may occupy a dwelling, and (2) health or safety standards tied to occupancy. It also makes clear that other state or federal nondiscrimination requirements remain fully in effect alongside this article, neither expanded nor diminished by it.
Plain English — not legal advice.
Under Ind. Code § 22-9.5-3-6, operators who enforce occupancy caps or health-and-safety-based occupancy standards can generally continue to do so, provided those limits are genuinely reasonable and grounded in legitimate local or state authority rather than used as a pretext. Compliant operators typically document the regulatory or code basis for any occupancy restriction they apply. Because other nondiscrimination laws remain unaffected by this article, property managers are generally expected to remain in compliance with all applicable federal and state fair housing requirements simultaneously.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 22-9.5-3-6 preserves tenants' rights under other state and federal nondiscrimination laws, meaning those protections are not weakened by anything in this article. If an occupancy limit seems to be applied in a way that targets a protected class rather than reflecting a genuine health, safety, or reasonable local standard, that concern may be relevant under separate fair housing laws that remain intact. Tenants who believe an occupancy restriction is being misused may consider contacting a local tenant-rights organization, a fair housing agency, or the U.S. Department of Housing and Urban Development to explore available options.
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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