Indiana Section 8, Records & Right to Counsel
Indiana rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No. Indiana has no statewide source-of-income protection, and local units may not adopt or enforce an ordinance that requires (or has the effect of requiring) a landlord to participate in Section 8 or a similar housing program. IC 36-1-3-8.5
The rules in Indiana
| Statewide ban on refusing Section 8 / source of income | No. Indiana has no statewide source-of-income protection, and local units may not adopt or enforce an ordinance that requires (or has the effect of requiring) a landlord to participate in Section 8 or a similar housing program. Indiana's state civil rights law was not separately reviewed for an income category; none is known. Source: IC 36-1-3-8.5 |
|---|---|
| Eviction record sealing | Yes. Automatic: if the eviction case is dismissed (including for failure to prosecute), judgment is for the tenant, or a judgment against the tenant is overturned on appeal, the court must on its own motion order the records not disclosed and sealed/redacted. By tenant motion: if judgment was against the tenant and the money judgment has been satisfied, or no money judgment was entered and at least 7 years have passed, the court shall order nondisclosure (possibly without a hearing). Older cases (outcomes before July 1, 2022 or July 1, 2025) can be sealed by verified petition with the tenant's name, date of birth, address, case number, grounds, and a sworn statement that no money judgment is outstanding. |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases was found. The Residential Eviction Actions chapter covers dismissal, failure to prosecute, and voluntary eviction diversion programs, not appointed counsel. Source: IC 32-31-10 (checked) |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
Indiana vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| Indiana | No. Indiana has no statewide source-of-income protection, and local units may not adopt or enforce an ordinance that requires (or has the effect of requiring) a landlord to participate in Section 8 or a similar housing program. IC 36-1-3-8.5 | Yes. Automatic: if the eviction case is dismissed (including for failure to prosecute), judgment is for the tenant, or a judgment against the tenant is overturned on appeal, the court must on its own motion order the records not disclosed and sealed/redacted. By tenant motion: if judgment was against the tenant and the money judgment has been satisfied, or no money judgment was entered and at least 7 years have passed, the court shall order nondisclosure (possibly without a hearing). Older cases (outcomes before July 1, 2022 or July 1, 2025) can be sealed by verified petition with the tenant's name, date of birth, address, case number, grounds, and a sworn statement that no money judgment is outstanding. IC 32-31-11-3, -4 (P.L.164-2022; amended P.L.128-2025) | No statewide right to counsel in eviction cases was found. The Residential Eviction Actions chapter covers dismissal, failure to prosecute, and voluntary eviction diversion programs, not appointed counsel. IC 32-31-10 (checked) |
| Illinois | Yes. Since Jan. 1, 2023 the Illinois Human Rights Act bars refusing to rent, discriminatory terms, discriminatory ads or application forms, and screening criteria with a discriminatory effect based on 'source of income', defined as the lawful manner by which a person supports themselves and their dependents. 775 ILCS 5/1-103(O-5); 775 ILCS 5/3-102 (P.A. 102-896, eff. 1-1-23) | Yes, by court order. The court may seal an eviction court file if the landlord's case was sufficiently without basis in fact or law, sealing is clearly in the interests of justice, and those interests are not outweighed by the public's interest. Sealing is mandatory for cases against bona fide tenants after foreclosure (9-207.5 / 15-1701(h)(6)) and for cases dismissed because a minor was named as a defendant. Residential eviction files filed March 9, 2020 - March 31, 2022 (COVID period) were sealed, subject to unsealing in some cases not based on nonpayment. 735 ILCS 5/9-121; 735 ILCS 5/9-122; 735 ILCS 5/9-106(c) (P.A. 104-317, eff. 1-1-26) | No statewide right to counsel in eviction cases was found. The Illinois courts direct tenants to free legal aid and mediation for those who qualify (Eviction Help Illinois outside Cook County; Cook County Legal Aid for Housing and Debt in Cook County). 735 ILCS 5/Art. IX (checked); Illinois Courts eviction self-help |
| Kentucky | No. There is no statewide protection, and since 2024 local governments may not adopt or enforce ordinances that bar landlords from refusing to rent to someone whose rent is paid in part with a federal housing assistance program (e.g., Section 8 vouchers). This overrides the Louisville and Lexington source-of-income ordinances to the extent they cover federal housing assistance. KRS 65.874 (2024 Ky. Acts ch. 3, sec. 1, HB 18; emergency, veto overridden) | Not verified yet | No statewide right to counsel in eviction cases was found in KRS Chapter 383. KRS Chapter 383 (checked) |
| Michigan | Yes, effective Apr. 2, 2025. A landlord may not deny or end a tenancy, set different terms, fees or rent, misstate availability, advertise a preference, or try to discourage a tenant because of source of income, including vouchers and subsidies. If the landlord has an income threshold, it must count vouchers and subsidies when applying it (this does not cover emergency rental assistance). Exempt: landlords who, together with related entities, own fewer than 5 rental units in Michigan. MCL 554.601c (2024 PA 178) | No. Michigan has no statute sealing or expunging eviction records. Two 2025 bills are pending: SB 374 (sealing, and automatic expungement 3 years after a final judgment for possession), placed on Senate third reading on Mar. 3, 2026; and HB 4984 (records nonpublic until a judgment for possession), in the House Regulatory Reform committee since Sept. 2025. Neither has been enacted as of this check. 2025 SB 374; 2025 HB 4984 (pending) | Not verified yet |
| Ohio | No. Ohio's fair housing law (§ 4112.02(H)) protects race, color, religion, sex, military status, familial status, ancestry, disability, and national origin. It does not cover source of income or voucher use. Ohio Rev. Code § 4112.02(H) | No statute. Ohio Rev. Code chapter 1923 has no provision for sealing, masking, or expunging eviction court records. Ohio Rev. Code ch. 1923 (no sealing provision) | No statewide right to counsel in eviction cases. Ohio Rev. Code ch. 1923 (no counsel provision) |
City rules that may add to state law
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Compare section 8, records & right to counsel in all 50 states and DC →
Indiana Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in Indiana?
No. Indiana has no statewide source-of-income protection, and local units may not adopt or enforce an ordinance that requires (or has the effect of requiring) a landlord to participate in Section 8 or a similar housing program. (IC 36-1-3-8.5)
Can an eviction record be sealed or removed in Indiana?
Yes. Automatic: if the eviction case is dismissed (including for failure to prosecute), judgment is for the tenant, or a judgment against the tenant is overturned on appeal, the court must on its own motion order the records not disclosed and sealed/redacted. By tenant motion: if judgment was against the tenant and the money judgment has been satisfied, or no money judgment was entered and at least 7 years have passed, the court shall order nondisclosure (possibly without a hearing). Older cases (outcomes before July 1, 2022 or July 1, 2025) can be sealed by verified petition with the tenant's name, date of birth, address, case number, grounds, and a sworn statement that no money judgment is outstanding. (IC 32-31-11-3, -4 (P.L.164-2022; amended P.L.128-2025))
Do tenants have a right to a free lawyer in eviction cases in Indiana?
No statewide right to counsel in eviction cases was found. The Residential Eviction Actions chapter covers dismissal, failure to prosecute, and voluntary eviction diversion programs, not appointed counsel. (IC 32-31-10 (checked))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.