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36-1-24-1. Applicability

Sec. 1. (a) This chapter does not apply to a unit that has adopted a zoning ordinance or any other ordinance before January 1, 2018, that prohibits, regulates, or restricts short term rentals in any manner. (b) Any reference in this chapter (except for this section) to a zoning ordinance or other ordinance does not […]

36-1-24-10. Enforcement of Laws That Regulate, Prohibit, or Limit Short Term Rentals

Sec. 10. A unit may enact or enforce a law or plan that regulates, prohibits, or limits short term rentals only for the following primary purposes: (1) Protection of the public’s health and safety related to: (A) fire and building safety; (B) sanitation; (C) transportation; (D) traffic control; and (E) pollution control; if enforcement is […]

36-1-24-11. Permits; Application Requirements

Sec. 11. (a) A unit may require an owner to obtain a permit for each property by adopting an ordinance that sets forth only the requirements of this chapter for obtaining a permit. A unit may require only one (1) permit for each single family home, two-family or multifamily dwelling, condominium, cooperative, or time share […]

36-1-24-12. Duty to Update Permit Information

Sec. 12. If any information provided by an owner to a unit in the permit application changes, the owner shall provide updated information to the unit in writing within thirty (30) business days. As added by P.L.73-2018, SEC.1.

36-1-24-13. Expiration; Authorization to Charge a Permit Fee

Sec. 13. (a) A permit expires one (1) year after the date the permit is issued. (b) Except as provided in subsection (c), a unit may charge a permit fee, not to exceed one hundred fifty dollars ($150), for each of the following: (1) An initial permit issued to an owner for the permitted property. […]

36-1-24-14. Revocation of a Permit

Sec. 14. If three (3) or more citations for ordinance violations are issued to an owner for a permitted property within a calendar year, the unit may revoke the permit for that permitted property for a period of not more than one (1) year after the date the permit is revoked. The unit shall provide […]

36-1-24-15. Notice and Hearing Procedures for Revocation

Sec. 15. If a unit revokes a permit under this chapter, revocation of the permit shall be conducted under the notice and hearing procedures of the unit for revocation of other permits issued by the unit. As added by P.L.73-2018, SEC.1.

36-1-24-16. Application for Permit When Previous Permit Was Revoked

Sec. 16. An owner may apply for a permit for a short term rental for which a previous permit of the owner was revoked by the unit. However, a new permit may not be issued until any outstanding fines are paid for ordinance violation citations issued to the owner with regard to use of the […]

36-1-24-17. Permits; Nontransferable to a New Owner

Sec. 17. If an owner sells all or part of a permitted property, the permit may not be transferred to the new owner. The new owner must submit an application for a new permit. As added by P.L.73-2018, SEC.1.

36-1-24-18. Violations; Class C Infraction

Sec. 18. (a) An owner that rents a short term rental without obtaining a valid permit from a unit that adopts an ordinance under this chapter commits a Class C infraction. (b) Each short term rental transaction that the short term rental provider completes without a short term rental permit constitutes a separate violation of […]

36-1-24-19. Scope of This Chapter

Sec. 19. This chapter does not affect, prohibit, preempt, or render unenforceable any property or use restrictions contained in properly enacted rules or regulations of a: (1) homeowners association; (2) condominium association; (3) lake owners association; or (4) similar property owners association or cooperative. As added by P.L.73-2018, SEC.1.

36-1-24-2. “Owner”

Sec. 2. As used in this chapter, “owner” means a person that has an interest in title or a present possessory interest in property that is offered to the public as a short term rental. As added by P.L.73-2018, SEC.1.

36-1-24-20. Notice of Potential Tax Liability

Sec. 20. This section is intended as notice to an owner as defined in section 2 of this chapter. An owner of short term rental property who makes a short term rental in which payments for the room, lodging, or other accommodation are not made through a marketplace facilitator (as defined by IC 6-2.5-1-21.9) may […]

36-1-24-4. “Permit”

Sec. 4. As used in this chapter, “permit” means a short term rental permit issued by a unit. As added by P.L.73-2018, SEC.1.

36-1-24-5. “Permitted Property”

Sec. 5. As used in this chapter, “permitted property” means a property that is subject to a valid, unexpired, unrevoked permit under this chapter. A permitted property may contain one (1) or more dwelling units offered as short term rentals. As added by P.L.73-2018, SEC.1.

36-1-24-6. “Short Term Rental”

Sec. 6. As used in this chapter, “short term rental” means the rental of: (1) a single family home; (2) a dwelling unit in a single family home; (3) a dwelling unit in a two-family or multifamily dwelling; or (4) a dwelling unit in a condominium, cooperative, or time share; for terms of less than […]

36-1-24-7. “Short Term Rental Platform”

Sec. 7. As used in this chapter, “short term rental platform” means an entity that: (1) provides a platform through which unaffiliated parties offer to rent a short term rental to an occupant; and (2) collects consideration for the rental from the occupant. As added by P.L.73-2018, SEC.1.