Building Codes & Habitability — Nebraska

Building Codes — Nebraska (NE) Rental Housing
Adopted code: Nebraska Uniform Building Code based on 2012 IBC; enforcement local. Habitability statute: NRS §76-1404 (Landlord and Tenant Act — Nebraska Residential Landlord and Tenant Act). Heating: Sept 1 through June 1; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (Neb. Rev. Stat. §81-531). CO detectors: required in all residential units with fuel-burning appliances or attached garage (Neb. Rev. Stat. §81-540). Repair-and-deduct: yes — after written notice and failure to repair within 14 days; cap is $100 or half month's rent. Notable: Omaha has a local housing code enforcement program with rental registration. Nebraska preempts local rent control.

Building Codes — New Hampshire (NH) Rental Housing
Adopted code: NH Building Code based on 2009 IBC (amendment cycles slower than most states). Habitability statute: RSA 540-A (landlord's access and duties); RSA 48-A (standards of repair and maintenance for residential buildings). Heating: Oct 1 through May 1; landlord must maintain 65°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (RSA 153:10-a). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RSA 153:10-b). No repair-and-deduct right by statute. Tenant remedy: sue in small claims court; local code enforcement. Notable: New Hampshire has relatively minimal residential landlord-tenant statute; reliance on common law. Manchester and Nashua have local housing code enforcement. NH preempts local rent control.

Building Codes — North Dakota (ND) Rental Housing
Adopted code: North Dakota Building Code based on 2018 IBC; enforcement is local. Habitability statute: NDCC §47-16-13 (landlord's duties). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required on each floor and outside sleeping areas; landlord installs; battery or hardwired (NDCC §18-09-07). CO detectors: required in all residential units with fuel-burning appliances (NDCC §18-09-07.1). No repair-and-deduct right. Tenant remedy: terminate lease after 14-day notice and failure to repair essential services. Notable: North Dakota preempts local rent control. Fargo and Bismarck have local housing code enforcement. ND oil boom areas (Williston) have had acute housing shortages with limited code enforcement capacity.

Building Codes — Indiana (IN) Rental Housing
Adopted code: Indiana Building Code based on 2014 IBC; enforcement primarily local. Habitability statute: IC 32-31-8 (landlord obligations under Indiana Code). Heating: landlord must supply heat; no specific minimum temperature in statute, but courts apply 68°F as habitability standard. Smoke detectors: required in each sleeping room and outside each sleeping area; landlord installs and maintains; battery or hardwired (IC 22-11-18). CO detectors: required in all new residential construction and in units with attached garages or fuel-burning appliances (IC 22-11-19.1). Repair-and-deduct: no statewide right. Tenant remedies: terminate lease after written notice and landlord failure to repair within 30 days; sue for damages. Notable: Indiana preempts local rent control. Indianapolis code enforcement enforces IPMC standards; rental registration not currently required citywide.

Building Codes — Montana (MT) Rental Housing
Adopted code: Montana Building Codes Act based on 2018 IBC; enforcement is local. Habitability statute: MCA §70-24-303 (Montana Residential Landlord and Tenant Act). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (MCA §50-61-101). CO detectors: required in all residential units with fuel-burning appliances or attached garage (MCA §50-61-102). Repair-and-deduct: yes — after written notice and landlord failure within 14 days; cap is $300 or one month's rent. Notable: Montana preempts local rent control. Billings and Missoula have local housing code enforcement programs. Montana's rental market is tightening rapidly due to population growth; enforcement capacity limited in rural areas.

Building Codes — Idaho (ID) Rental Housing
Adopted code: Idaho State Building Code based on 2018 IBC/IRC. Habitability statute: Idaho Code §55-2002 (Residential Landlord and Tenant Act). Heating: landlord must provide working heating equipment; no specific minimum temperature by state law. Smoke detectors: required on each floor and outside each sleeping area; landlord installs; battery or hardwired (Idaho Code §39-6603). CO detectors: required in all residential units with fuel-burning appliances or attached garage (Idaho Code §39-6605). Repair-and-deduct: yes — after written notice and landlord failure within 3 days (emergency) or 30 days (non-emergency); cap is $300 or half month's rent. Notable: Boise has a local housing code enforcement program. Idaho preempts local rent control. No state income tax break specifically for rental income.

Building Codes — Iowa (IA) Rental Housing
Adopted code: Iowa State Building Code based on 2018 IBC/IRC; local enforcement primary. Habitability statute: Iowa Code §562A.15 (Uniform Residential Landlord and Tenant Act). Heating: Sept 1 through June 1; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (Iowa Code §100.18). CO detectors: required in all residential units with fuel-burning appliances or attached garage (Iowa Code §100.35). Repair-and-deduct: yes — after written notice and landlord failure to repair within 7 days (or 24 hours for essential services); cap is $300 or half month's rent. Notable: Iowa City has strict local housing inspection program including annual inspections for rental properties. Iowa preempts local rent control.

Building Codes — Delaware (DE) Rental Housing
Adopted code: Delaware State Fire Prevention Regulations and local building codes based on 2018 IBC. Habitability statute: 25 Del. C. §5305 (Residential Landlord-Tenant Code). Heating: Oct 1 through April 30; landlord must maintain 65°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup in new construction; battery acceptable in existing (16 Del. C. §6604). CO detectors: required in all residential units with fuel-burning appliances or attached garage (16 Del. C. §6605). Repair-and-deduct: yes — after written notice and landlord failure within 15 days; cap is $75 per repair. Notable: Delaware preempts local rent control. Wilmington has local housing code enforcement. Delaware's residential landlord-tenant code is one of the more detailed mid-Atlantic codes; landlord must provide written receipts for security deposits and comply with interest requirements.

Building Codes — South Dakota (SD) Rental Housing
Adopted code: South Dakota State Building Code based on 2015 IBC; enforcement is local. Habitability statute: SDCL §43-32-8 (landlord's duty to maintain). Heating: Oct 1 through April 30; landlord must provide working heat; no specific minimum temperature. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (SDCL §34-32-1). CO detectors: not required statewide. No repair-and-deduct right. Tenant remedy: terminate lease after 5-day notice and failure to provide essential services; sue for damages. Notable: South Dakota preempts local rent control. Sioux Falls has local housing code enforcement. South Dakota has minimal residential landlord-tenant law compared to most states; courts rely heavily on common law.

City Building Codes — Denver, CO
Denver Community Planning and Development (CPD) enforces Denver Building and Fire Code, based on 2021 IBC/IFC with Denver amendments. Denver Residential Rental License: all residential rental units in Denver require a license from CPD; fee per unit; first-time rental units require inspection. Denver Minimum Housing Standards: incorporates IPMC with Denver additions; specific standards for heating, ventilation, and lighting. Heating: Denver requires 68°F minimum in all habitable rooms (local ordinance). CO detectors: CO Rev. Stat. §38-12-102.5 requirement applies. Denver Just Cause Eviction: adopted 2023 — landlords must state a valid reason from enumerated list for eviction after 12 months of tenancy. Denver Fair Housing: Denver Human Rights and Community Partnerships enforces local fair housing ordinance including source-of-income discrimination prohibition (Section 8 tenants must not be refused). Unique: Denver Short-Term Rental (STR): registration required; limited to primary residence only.