No municipality, county, or township may regulate rental rates for a privately owned real property through a zoning ordinance or otherwise unless an act of the Indiana Legislature authorizes the regulation. (Ind. Code § 32-31-1-20.) This statute does not apply if funds or benefits have been allocated from the United States government, the state, or a political subdivision for the express purpose of providing reduced rents to low or moderate-income tenants.
Municipalities and counties also are prohibited from adopting or enforcing a land-use or planning ordinance that has the effect of (a) controlling the amount of rent charged or the purchase price agreed upon for a transaction pertaining to the lease or purchase of privately-owned residential or commercial real property, or (b) requiring real property to be designated or reserved for lease or sale to a group of occupants, owners or residents classified by income or assets. (Ind. Code § 36-1-24.2-1.) Moreover, no locality may require the owner of privately owned real property to agree to: (1) a requirement that would have the effect described in (a) or (b) above, or; (2) the payment of a fee in lieu of a requirement described in (a) or (b), as a prerequisite to the approval or consideration of any building or land use permit or land use petition. This includes variances, special exceptions, conditional use permits, zoning ordinances or rezoning ordinances, or any primary, secondary, or revised plats. (Ind. Code § 36-1-24.2-2.) However, an owner of private property voluntarily may agree to a requirement that would have an effect described in (a) or (b) above in exchange for incentives or grants provided by the county or municipality. (Ind. Code § 36-1-24.2-4.l)
Finally, no county, municipality, or township may adopt or enforce an ordinance that requires or would have the effect of requiring an owner or operator to participate in a federal Section 8 program or a similar program concerning housing. (Ind. Code 36-1-3-8.5.)(Ind. Code 36-1-3-8.5.)