Cal. Civ. Code § 36-1-3-8.5
Ordinance requiring housing program participation prohibited
Operative Text
Sec. 8.5. A unit may not adopt or enforce an ordinance that requires or would have the effect of requiring a landlord to participate in: (1) a Section 8 program of the federal Housing Act of 1937 (42 U.S.C. 1437f); or (2) a similar program concerning housing.
Indiana Code §§ 36-1-3-8 and 36-1-3-8.5 prohibits local government units in Indiana from adopting or enforcing any ordinance that would compel a landlord to participate in the federal Section 8 housing voucher program or any comparable housing assistance program. This is a state-level preemption rule, meaning local municipalities, counties, and other governmental units cannot create their own mandates requiring landlord participation in such programs. The provision effectively ensures that a landlord's decision to accept or decline housing vouchers remains voluntary under Indiana law.
Plain English — not legal advice.
Under Ind. Code §§ 36-1-3-8 and 36-1-3-8.5, no Indiana local government unit has the legal authority to pass or enforce an ordinance compelling landlords to accept Section 8 vouchers or participate in similar housing assistance programs. Operators who are aware of this state preemption provision generally understand that any local ordinance purporting to mandate such participation would be unenforceable. Landlords who encounter a local rule that appears to require program participation may wish to consult legal counsel familiar with Indiana municipal law to assess the ordinance's validity under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code §§ 36-1-3-8 and 36-1-3-8.5 establishes that Indiana state law prevents local governments from requiring landlords to accept Section 8 vouchers or participate in similar housing programs, which means voucher holders may find that landlords in Indiana are not legally obligated by any local ordinance to accept their assistance. Tenants who use housing vouchers and face difficulty finding participating landlords may benefit from contacting local housing authorities or tenant-rights organizations to learn about voluntary landlord participation lists or other available resources. Understanding this provision can help voucher holders set realistic expectations about the rental market and explore all available channels for locating housing.
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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