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Indiana State Bills To Watch

HB 1530  Housing stability task force and eviction data

Establishes the Indiana housing stability task force (task force). Provides that the task force consists of the following 15 members: (1) Four members of the house of representatives, with two of those members appointed by the speaker, and two appointed by the minority leader. (2) Four members of the senate, with two of those members appointed by the president pro tempore, and two appointed by the minority leader. (3) Seven members appointed by the governor and representing the interests of landlords, tenants, the housing market, and a homelessness prevention organization. Provides that: (1) all meetings of the task force shall be open to the public in accordance with the state's open door law; and (2) all records of the task force are subject to the requirements of the state's public records law. Sets forth specific issues that the task force must examine with respect to the availability of safe and affordable housing in Indiana. Authorizes the task force to collaborate with or seek guidance, testimony, or information from certain state agencies, units of local government, service providers, and other specified entities. Requires the task force to: (1) develop recommendations for the general assembly and the governor concerning the issues examined; (2) issue a report setting forth the recommendations developed; and (3) not later than December 1, 2022, submit the report to the executive director of the legislative services agency and the governor. Provides that these provisions expire December 2, 2022. Requires the Indiana housing and community development authority to develop and maintain a data base and mapping tool to compile accurate and current data on: (1) residential eviction actions filed; and (2) eviction mediation or dispute resolution proceedings entered into. Authorizes the authority to consult or collaborate with certain agencies, trial courts, and other persons having the data or expertise necessary for the authority to implement the data base and mapping tool. Specifies certain requirements as to how the required information must be made available, including that the information must be viewable as an Internet dashboard on the authority's Internet web site. Provides that the required information on eviction actions and proceedings must be available on the authority's Internet web site in the required format before January 1, 2022. Provides that at any time before or after January 1, 2022, the authority, in collaboration or consultation with other parties having the necessary data or expertise, may include on the Internet dashboard certain additional information or data concerning the availability of housing and rental assistance programs and funding. 

HB 1541  Landlord-tenant relations

Prohibits a unit of local government from regulating certain aspects of the landlord-tenant relationship with respect to privately owned real property, unless the regulation is authorized by an act of the general assembly. Prohibits landlords from committing retaliatory acts against tenants engaged in protected activities. Prohibits a unit of local government from adopting or enforcing any ordinance or regulation regarding retaliatory acts by landlords.

HB 1219 Various housing matters

Defines "principal dwelling land contract" (contract) as a land contract for the sale of real property: (1) designed for the occupancy of one to two families; and (2) that is or will be occupied by the buyer as the buyer's principal dwelling. Provides that the seller under a contract must provide the buyer with certain disclosures at least 10 days before the contract is executed. Sets forth disclosures that must be included in a contract. Provides a three day cancellation period for the buyer. Specifies certain recording provisions for principal dwelling land contracts. Permits a person to expunge records in connection with certain eviction actions in which the person was a defendant. Requires a landlord who denies an applicant's application for the rental of a dwelling unit based on information in a tenant screening report to provide the applicant with a copy of the tenant screening report. Adds a housing court as a problem solving court that may be established by a city court or a county court. Provides that a violation of disclosure provisions related to land contracts and a failure to investigate an alleged error in a tenant screening report constitute deceptive acts under the deceptive consumer sales act.  

SB 258  Rental assistance

Allows a landlord to apply for assistance from the COVID-19 rental assistance program (program) operated by the Indiana housing and community development authority (authority) on behalf of a tenant who: (1) is at least 30 days overdue on monthly rent; and (2) has not applied to the program. Provides that an amount paid by the program to a landlord is considered to be paid by the tenant. Prohibits a landlord that receives assistance from requiring a tenant to pay the difference between the maximum monthly benefit under the program and the monthly rent under the rental agreement. Requires the authority to provide a tenant with notice of assistance received by a landlord on the tenant's behalf.  

HB 1461  Abandoned property in a rented dwelling

Repeals provisions requiring a landlord to transfer a tenant's abandoned personal property to a storage facility. Provides that a tenant's personal property is considered abandoned if it remains on the premises after the tenant vacates the rental unit. Permits a landlord to dispose of a tenant's abandoned personal property without any liability to the tenant. Makes conforming amendments. 

HB 1552  Sewer and storm water fees incurred by tenants

Establishes billing procedures for municipal sewage or storm water user fees assessed for real property that is occupied by someone other than the owner. Provides that a lien does not attach for user fees assessed against real property occupied by someone other than the owner under certain circumstances. Requires the assessing entity to release certain liens and delinquent user fees upon receipt of a verified demand in writing from the owner. 

HB 1110  Small claims court procedures

Provides that on the small claims docket, if the claim does not exceed $8,000: (1) all corporate entities, limited liability companies, and limited liability partnerships may appear by a designated full-time employee of the corporate entity; and (2) all trusts may appear by a trustee; in the presentation or defense of a claim arising out of the business.  

HB 1378  Emergency evictions

Specifies that a landlord includes a property owner. Authorizes a landlord to seek an emergency possessory order if an occupant has no contractual relationship with the property owner or other interest in the property.  

HB 1166  Property tax assessment appeals

Provides that if an assessment on a taxpayer's residential real property or commercial property is increased for a tax year for any reason other than trending, and the taxpayer appeals the increased assessment to the county property tax assessment board of appeals or the Indiana board of tax review and prevails, or prevails at any subsequent appeal of the increased assessment, the assessing official may not increase the assessed value on the residential real property or commercial property for the next five years for any reason other than trending. Specifies that the provision does not apply where there was a change in structural improvements, zoning, or use that was not considered in the assessment for the prior tax year.  

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