Cal. Civ. Code § 32-31-8-7
Owner or landlord not prohibited from refusing to rent based on reasonable occupancy standard; standard for presumption of reasonableness
Operative Text
Sec. 7. (a) The residential landlord-tenant statute (as defined in IC 32-31-2.9-2) does not prohibit an owner or a landlord from refusing to rent a rental unit on the basis of a reasonable occupancy standard. (b) For purposes of this section, an occupancy standard is presumed reasonable if: (1) it permits two (2) individuals per bedroom; and (2) the owner or landlord: (A) does not include infants less than one (1) year of age in the individuals per bedroom count under subdivision (1); and (B) increases the number of individuals per unit by considering whether the configuration of a unit includes a: (i) den; (ii) library; (iii) finished basement; or (iv) loft; that could reasonably be used as a sleeping area, unless doing so would violate applicable state and local codes, including fire codes. (c) An owner or landlord is not required to consider a kitchen, dining room, living room, bathroom, hallway, or closet as a sleeping area.
Indiana Code § 32-31-8-7 establishes that landlords are permitted under state law to set occupancy limits for rental units, provided those limits meet a reasonableness standard. An occupancy standard is presumed reasonable when it allows two people per bedroom, excludes infants under one year of age from that count, and accounts for additional spaces—such as dens, libraries, finished basements, or lofts—that could serve as sleeping areas, unless local or state codes (including fire codes) prohibit it. Certain rooms, including kitchens, bathrooms, hallways, and closets, are explicitly not required to be counted as sleeping areas under this provision.
Plain English — not legal advice.
Under Ind. Code § 32-31-8-7, operators who set occupancy policies generally align those policies with the statutory presumption of reasonableness: allowing two occupants per bedroom, excluding infants under one year from the bedroom count, and evaluating whether additional rooms like dens, finished basements, or lofts can be counted as sleeping areas consistent with applicable fire and building codes. Compliant operators typically document how their occupancy standard was calculated and ensure it does not conflict with local or state code requirements. Spaces such as kitchens, bathrooms, hallways, and closets are not required to be factored into the sleeping-area count under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-8-7 preserves a tenant's interest by requiring that any occupancy standard a landlord uses to deny a rental application must be reasonable—not arbitrary. Tenants who believe an occupancy limit was applied in a way that falls outside the statutory presumption of reasonableness, or that improperly counted household members such as infants under one year of age, may have grounds to raise that issue as a concern. Consulting a tenant-rights organization or legal aid provider familiar with Indiana housing law can help a household understand whether a landlord's occupancy standard aligns with the requirements of this provision.
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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