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Rental Registration Program Update

 

Impact of HEA 1210 on Fishers' Rental Registration and Permitting Ordinance

During the 2026 legislative session, legislators passed HB 1210, which includes a provision (Section 3.6) that prohibits municipalities from prohibiting or restricting an owner of a property from using the property as a rental property. Since the City of Fishers passed its ordinance prior to January 1, 2026, the City may continue to enforce the ordinance as-is until January 1, 2028. Below is an excerpt from HB 1210, Section 3.6: 

Sec. 3.6. (a) Except as provided in subsections (c) and (d), a unit may not adopt or enforce an ordinance, resolution, regulation, policy, or rule that: (1) prohibits or restricts an owner of a privately owned residential property from using the property as a rental property; or (2) has the effect of prohibiting or restricting the use of property as a rental property. (b) This section does not prohibit a unit from enforcing any: (1) generally applicable health and safety regulations; (2) building codes, fire codes, or reasonable occupancy standards; or (3) registration or inspection requirements set forth in this chapter, provided the requirements do not operate to impose a cap or limit described in subsection (a). (c) A unit that has adopted an ordinance, resolution, regulation, policy, or rule before January 1, 2026, other than an ordinance, resolution, regulation, policy, or rule described in subsection (d), that does not comply with subsection (a) is exempt from the provisions of this section until January 1, 2028, at which time a unit described in this subsection shall comply with this section. (d) A unit that has adopted a short term rental ordinance, resolution, regulation, policy, or rule before January 1, 2018, in compliance with IC 36-1-24 (as enacted in HEA 1035-2018) is exempt from this section.

What does this mean? 

The City of Fishers will continue to enforce its Rental Registration and Permitting Ordinance through January 1, 2028. On January 1, 2028, Fishers will continue to operate the rental registration provisions of the ordinance, however, Fishers will no longer be able to enforce the 10 percent rental cap.

What’s Changing in 2028

The City will no longer enforce the 10 percent rental cap per subdivision beginning January 1, 2028
The $1,000 fine to property owners of rental properties exceeding the neighborhood cap will no longer apply
What Will Stay the Same

Several key parts of the ordinance will remain in place:

Property owners of long-term rentals will still be required to register their rental property
The City will continue using publicly available information to identify and monitor rental activity
The current registration, enforcement, and noticing process will remain in place, including a $250 failure-to-register fine for unregistered rental properties 
Property owners must still comply with any HOA restrictions on rental properties.
What This Means for HOAs

HOA covenants and restrictions are separate from City regulations.
Associations may continue to enforce their governing documents, including any rental limitations, as applicable.
For HOAs looking to amend their covenants to include rental caps or update cap limits, as part of HEA 1210, the legislature revised quorum requirements allowing an easier path for amending governing documents by limiting voting members to only owner-occupiers
Planning Ahead

These changes will take effect on January 1, 2028, and the City is sharing this information early to help HOA leaders plan ahead and stay informed.

Additional updates will be provided as we approach implementation or if further state changes occur.

 

Questions?

For questions about the rental registration program or these upcoming changes, please contact planning@fishersin.gov.

Jordan Miller

Susan Serowik

Antoine Brown

Luis Cardona

Talea Hughes