Indiana Legislation
Indiana Legislation
Indiana Property Rights Alliance
Previously Proposed Legislation
2021 IGA Session
SENATE
SB 8 – Traffic enforcement in residential complexes.
Authored by: Sen. Brian Buchanan, Sen. Ron Alting.
Sponsored by: Rep. Sharon Negele.
Status: Enacted
Summary: Reenacts and extends the ability of a unit to enforce moving traffic ordinances on the property of a residential complex under certain circumstances. (This provision expired December 31, 2020.) Extends the requirement that the office of judicial administration submit reports to the legislative council relating to the enforcement of moving traffic ordinances on the property of residential complexes.
http://iga.in.gov/legislative/2021/bills/senate/8
SB 18 – Disabled veteran renter’s deduction.
Authored by: Sen. Susan Glick, Sen. Andy Zay.
Status: Died in 2nd Senate committee Tax and Fiscal Policy
Summary: Provides an income tax deduction, in addition to the current renter’s deduction, to a disabled veteran who rents a dwelling as a principal place of residence. Provides that the additional deduction is equal to the amount the individual is entitled to deduct under the current renter’s deduction multiplied by the individual’s service connected disability rating.
http://iga.in.gov/legislative/2021/bills/senate/18
SB 116 – Landlord tenant settlement conference program
Authored by: Sen. Karen Tallian, Sen. Liz Brown, Sen. Mike Bohacek
Status: Defeated on 3rd reading by 4 votes
Summary: Provides, for a two year period and contingent upon the availability of specified funds, that: (1) the jurisdictional amount in small claims court is $20,000 in residential landlord tenant cases (under current law, the amount is $8,000); and (2) the landlord and the tenant may agree to participate in the landlord tenant settlement conference program.
http://iga.in.gov/legislative/2021/bills/senate/116
SB 119 – Prohibited discrimination in civil rights statutes
Authored by: Sen. Timothy Lanane.
Status: Died in Senate Judiciary committee (No hearing – No vote)
Summary: Extends certain antidiscrimination and civil rights statutes to prohibit discrimination based on sexual orientation, gender identity, and veteran status. Provides that every discriminatory practice relating to the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit is considered unlawful unless it is specifically exempted.
http://iga.in.gov/legislative/2021/bills/senate/119
SB 127 – Use of property as a short term rental.
Authored by: Sen. Mike Bohacek.
Status: Died in Senate Tax and Fiscal Policy committee (No hearing – No vote)
Summary: Provides that if a taxpayer rents the taxpayer’s residential real property to a third party or third parties for more than 29 nights per year: (1) the taxpayer’s personal property such as furnishings and equipment used in the taxpayer’s residential real property is business personal property; (2) the taxpayer’s residential real property does not qualify as a homestead; (3) the taxpayer is not entitled to the standard or supplemental homestead deductions; and (4) the taxpayer’s residential real property is subject to the nonresidential real property circuit breaker tax credit rather than the homestead circuit breaker tax credit.
http://iga.in.gov/legislative/2021/bills/senate/127
SB 149 – Health code violations
Authored by: Sen. Mike Bohacek
Status: Died 2nd Senate committee Health and Provider Services
Summary: Requires a local health officer to have information establishing probable cause of a public health law or rule violation at a location before a court may issue certain orders concerning the property. (Current law requires reliable information.) Requires a health officer’s order of abatement to include the name of the person making the complaint and requires the health officer to report to the county prosecutor certain information concerning a person who provided false information. Requires a health officer to provide information concerning a person who made a false report concerning a communicable disease to the person against whom a false report was made. States that a dwelling is unfit for human habitation when the dwelling places a person’s health or life in danger. (Current law states that the dwelling is unfit if it is dangerous or detrimental to life or health.) Requires a health officer to provide notice concerning an unfit dwelling and provide a reasonable amount of time to comply with the notice, and removes language providing that each day the dwelling remains unfit is a separate offense. Specifies that a landlord is not responsible for a health code violation by a tenant.
http://iga.in.gov/legislative/2021/bills/senate/149
SB 150 – Housing matters
Authored by: Sen. James Buck, Sen. Jack Sandlin
Sponsored by: Rep. Ethan Manning, Rep. Jerry Torr
Status: Died in House Judiciary committee
Summary: Eliminates the general restriction on the authority of a county, city, town, or township concerning regulation of landlord-tenant relationship matters not specifically described by state statute.
http://iga.in.gov/legislative/2021/bills/senate/150
SB 155 – Removal of tenant’s property
Authored by: Sen. Mike Bohacek
Status: Died – Bohacek never called the bill down
Summary: Adds language to the form of notice for eviction regarding a tenant’s personal property. Adds language providing that a landlord may seek a court order allowing the immediate removal and disposal of a tenant’s personal property.
http://iga.in.gov/legislative/2021/bills/senate/155
SB 158 – Ordinances
Authored by: Sen. Mike Bohacek, Sen. Michael Young.
Sponsored by: Rep. Jim Pressel.
Status: Died In House not called for 3rd reading.
Summary: Requires the health and hospital corporation of Marion County to post notice of an ordinance pending final action on the corporation’s official Internet web site.
http://iga.in.gov/legislative/2021/bills/senate/158
SB 172 – Housing authority commissioner compensation
Authored by: Sen. Lonnie Randolph.
Status: Died in Senate committee on Local Government
Summary: Increases the per diem paid to a commissioner of a housing authority from $25 to $100.
http://iga.in.gov/legislative/2021/bills/senate/172
SB 214 – Low income housing
Authored by: Sen. Travis Holdman, Sen. Brian Buchanan
Sponsored by: Rep. Daniel Leonard, Rep. Gregory Porter
Status: Enacted
Summary: Reinstates provisions that were repealed in the 2016 session in Senate Bill 309 regarding eligibility for the property tax exemption for improvements on real property that are constructed, rehabilitated, or acquired for the purpose of providing low income housing. Provides that payments in lieu of taxes (PILOTS) may be required from a property owner claiming such an exemption.
http://iga.in.gov/legislative/2021/bills/senate/214
SB 218 – Township homeless assistance
Authored by: Sen. Jack Sandlin, Sen. Rick Niemeyer.
Co-Authored by: Sen. Timothy Lanane, Sen. Fady Qaddoura.
Sponsored by: Rep. Jim Pressel, Rep. Dennis Zent, Rep. Justin Moed, Rep. Maureen Bauer, Rep. Cindy Ledbetter.
Status: Enacted
Summary: Establishes the low barrier homeless shelter task force. Beginning July 1, 2022: (1) allows a township trustee to place a homeless individual temporarily in a county home or provide temporary township assistance; and (2) requires the township trustees within a county to collaborate and prepare a list of public and private resources available to the homeless population that is distributed and published on the county’s Internet web site, if the county has a web site, not later than March 1 of each year. Provides that a person commits the offense of criminal trespass if: (1) the person, who does not have a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is designated by a municipality or county enforcement authority to be an unsafe building or premises; or (2) the person knowingly or intentionally enters the property of another person after being denied entry by a court order that has been issued to the person or issued to the general public by conspicuous posting on or around the premises in areas where a person can observe the order when the property has been designated by a municipality or county enforcement authority to be an unsafe building or premises; unless the person has the written permission of the owner, the owner’s agent, an enforcement authority, or a court to come onto the property for purposes of performing maintenance, repair, or demolition. Provides that an individual who harasses another person with the intent to obtain property from the other person commits aggressive harassment, a Class C misdemeanor. Defines “harasses”. Repeals the chapter concerning panhandling.
http://iga.in.gov/legislative/2021/bills/senate/218
SB 236 – Land banks
Authored by: Sen. Timothy Lanane, Sen. James Buck
Sponsored by: Rep. Sue Errington, Rep. Dennis Zent, Rep. Edward Clere, Rep. Justin Moed
Status: Died in House Ways and Means committee (2nd House committee referral)
Summary: Provides that a county fiscal body may adopt an ordinance requiring that, for the five years after a tract is purchased from a land bank, 50% of the amount of property taxes paid on the tract must be transferred to the land bank. Requires a county executive to provide a land bank in the county with a list of tracts located in the territory of the land bank that: (1) are delinquent on property taxes; and (2) have been offered for public sale at least two times and remain unsold; on an annual basis, and permits the county executive to transfer its interest in a tract on the list to a land bank if requested by the land bank not later than 30 days after it receives the list.
http://iga.in.gov/legislative/2021/bills/senate/236
SB 258 – Rental assistance
Authored by: Sen. David Niezgodski, Sen. Ron Alting, Sen. Ryan Mishler
Status: Died in Senate Public Policy committee (no vote)
Summary: 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.
http://iga.in.gov/legislative/2021/bills/senate/258
SB 270 – Residential landlord-tenant matters
Authored by: Sen. Eddie Melton
Status: Died in Senate Judiciary committee
Summary: *see bill digest page
http://iga.in.gov/legislative/2021/bills/senate/270
SB 282 – Rent, utilities, and mortgage assistance
Authored by: Sen. Fady Qaddoura.
Status: Died in Senate committee on Appropriations (No hearing and No vote)
Summary: Establishes the rental assistance, utilities assistance, and mortgage assistance fund (fund) for the purpose of providing grants that may be used by an individual to make payments for: (1) rent; (2) electricity, water, sewage, or gas service; or (3) a mortgage on the individual’s residence; on which the individual is more than 30 days overdue. Specifies sources for the fund. Provides that the fund is administered by the Indiana housing and community development authority (authority) and requires the authority to make information available to the public regarding the availability of grants from the fund. Appropriates $100,000,000 to the fund from federal relief funding provided by the federal government in response to the COVID-19 health emergency.
http://iga.in.gov/legislative/2021/bills/senate/282
SB 340 – Private property matters
Authored by: Sen. Victoria Spartz, Sen. Eric Koch
Sponsored by: Rep. David Wolkins, Rep. Ethan Manning
Status: Enacted
Summary: Requires a conveyance, a mortgage, or an instrument of writing to be recorded to be: (1) acknowledged by the grantor; and (2) proven before certain specified individuals; in certain instances. Requires the summons accompanying a complaint for condemnation to include language regarding the defendant’s right to object to the condemnation within 30 days from the date notice is served. Requires a court to award reasonable costs and attorney’s fees to a defendant whose objection to a complaint for condemnation is sustained. Caps the amount of attorney’s fees a court may award if an objection to a condemnation is sustained at $25,000. Exempts a condemnation action brought by a public utility or by a pipeline company from the bill’s provisions requiring a court to award a defendant in a condemnation action the defendant’s reasonable costs and attorney’s fees if the defendant’s objections to the proceedings are sustained in the proceedings or upon appeal. Requires a municipality to provide notice by mail to affected owners, both residents and nonresidents of the municipality, of a condemnation. Permits an affected owner to file an objection that a municipality does not have the right to exercise the power of eminent domain for the use sought. Amends the time for a remonstrance hearing for a municipal condemnation and the defendant’s right to judicial review of the decision made at the hearing to 30 days. (Current law requires a remonstrance hearing to be set no less than 10 days after notice and the defendant to appeal the decision within 20 days.) Provides parties the right to appeal a court’s judgment in the judicial review of a municipal condemnation. Revises the statute allowing a municipality to condemn property for economic development to require a 3/4 affirmative vote of the municipality’s legislative body to exercise the power of eminent domain. (Current law requires a 2/3 affirmative vote of the municipality’s legislative body.) Allows a property owner to challenge a condemnation for economic development purposes by providing clear and convincing evidence that the owner’s parcel is not necessary for the project.
http://iga.in.gov/legislative/2020/bills/senate/340
SB 350 – Small claims appointed counsel
Authored by: Sen. J.D. Ford
Status: Died in Senate committee on Judiciary (No Hearing and No vote)
Summary: Establishes the Marion County small claims appointed counsel pilot program (program). Provides legal counsel to indigent tenants during possessory actions in Marion County small claims courts. Provides that Marion County small claims courts shall contract with attorneys and legal aid services to accommodate indigency based requests for legal representation. Requires the justice reinvestment advisory council to submit an annual report concerning the program to the general assembly.
http://iga.in.gov/legislative/2021/bills/senate/350
SB 391 – Property matters
Authored by: Sen. Mike Bohacek
Status: Died in Senate Judiciary committee
Summary: *see bill digest page
http://iga.in.gov/legislative/2020/bills/senate/391
HOUSE
HB 1024 – Property tax relief
Authored by: Rep. Cherrish Pryor
Status: Died House Way and Means committee
Summary: Permits counties, cities, and towns (including Marion County) to establish a neighborhood enhancement property tax relief program (program) to provide an assessed value deduction for longtime owner-occupants of homesteads having an assessed value of less than $150,000 in certain designated areas. Authorizes the redevelopment commission (or the metropolitan development commission in the case of Marion County) to identify the areas for purposes of the program based on specified conditions. Requires the county auditor to make the deduction for the qualifying property under the program without the need for the owner to apply for the deduction. Provides a process by which an owner may opt out of the program, in which case the deduction would not apply. Provides a penalty for wrongly receiving the deduction that is the same as the penalty for wrongly receiving the homestead standard deduction.
http://iga.in.gov/legislative/2021/bills/house/1024
HB 1031 – Residential housing development program
Authored by: Rep. Justin Moed
Status: Died House Ways and Means committee
Summary: Defines “residential housing” as housing or workforce housing that consists of single family dwelling units sufficient to secure quality housing in reasonable proximity to employment. Revises the requirements an allocation area must meet for the redevelopment commission to establish a program for housing. Allows the redevelopment commission of a consolidated city (commission) to establish a program for residential housing development and a tax increment funding allocation area for the program if the average of new, residential houses constructed in the consolidated city in each of the preceding three years is less than 1% of the total number of residential houses located in the consolidated city. Requires the department of local government finance, in cooperation with the appropriate agency of the consolidated city, to determine eligibility for the residential housing development program. Specifies the findings the commission must make before adopting the residential housing development program. Provides that all of the rights, powers, privileges, and immunities that may be exercised by the commission in blighted, deteriorated, or deteriorating areas may be exercised by the commission in implementing a residential housing development program, including levying a special tax, issuing bonds, or entering into leases and allocating incremental property tax revenue.
http://iga.in.gov/legislative/2021/bills/house/1031
HB 1036 – Housing tax credits
Authored by: Rep. Sharon Negele
Status: Died in House Ways and Means committee
Summary: Provides an affordable and workforce housing state tax credit against state tax liability to a taxpayer for each taxable year in the state tax credit period of a qualified project in an aggregate amount that does not exceed the product of a percentage between 40% and 100% and the amount of the taxpayer’s aggregate federal tax credit for the qualified project. Provides that an eligible applicant must apply to the Indiana housing and community development authority for an award of an affordable and workforce housing state tax credit. Provides that a holder of an affordable and workforce housing state tax credit may transfer, sell, or assign all or part of the holder’s right to claim the state tax credit for a taxable year.
http://iga.in.gov/legislative/2021/bills/house/1036
HB 1063 – Renter’s tax deduction for disabled veterans
Authored by: Rep. Mike Aylesworth
Status: Died in House committee on Ways and Means (No vote)
Summary: Allows a disabled veteran who rents a dwelling for use as the disabled veteran’s principal place of residence to claim an additional renter’s deduction from the disabled veteran’s adjusted gross income. Provides that the additional deduction may not exceed $3,000. (Similar to SB 18)
http://iga.in.gov/legislative/2021/bills/house/1063
HB 1089 – Student hunger and homelessness
Authored by: Rep. Earl Harris
Status: Died in House committee on Rules and Legislative Procedures
Summary: Establishes the student hunger and homelessness study committee (committee) for the purposes of: (1) studying the prevalence of homelessness, housing insecurity, and food insecurity among students at Indiana colleges and universities during the 2021 academic year; and (2) providing suggestions for eliminating these issues. Provides that the committee must determine, as accurately as practicable, the number of Indiana college and university students who are homeless, housing insecure, or food insecure. Provides that the committee consists of: (1) an employee of the family and social services administration; (2) an employee of the department of child services; (3) an employee of the department of education; (4) an employee of the commission for higher education; (5) an employee of the Indiana housing and community development authority; (6) a member of the commission on improving the status of children in Indiana; and (7) an employee of each state educational institution. Provides that the committee may solicit assistance from private groups, colleges, and universities in performing the study. Requires the committee to report the results of the study to the governor and the legislative council not later than July 31, 2022.
http://iga.in.gov/legislative/2021/bills/house/1089
HB 1094 – Rental agreements
Authored by: Rep. Justin Moed
Status: Died in House Judiciary committee
Summary: Specifies that “rental agreement”, for purposes of residential landlord tenant law, includes certain rental agreements with an explicit or implicit right to purchase.
http://iga.in.gov/legislative/2021/bills/house/1094
HB 1110 – Small claims court procedures
Authored by: Rep. Steve Bartels
Co-Authored by: Rep. Jerry Torr, Rep. Wendy McNamara, Rep. Heath VanNatter
Sponsored by: Sen. Scott Baldwin, Sen. Chris Garten, Sen. Mark Messmer, Sen. Lonnie Randolph
Status: Enacted
Summary: Provides that a small claims court has jurisdiction over claims that do not exceed $10,000.
http://iga.in.gov/legislative/2021/bills/house/1110
HB 1114 – Residential building design elements
Authored by: Rep. Doug Miller
Status: Died on 3rd reading – author did not call bill down
Summary: Prohibits a municipality from regulating design elements of residential structures. Specifies certain exclusions from this prohibition. Provides that any rule, ordinance, or other regulation that conflicts with the prohibition is void. Provides that a person aggrieved by a violation of the bill’s provisions may file, in a court having jurisdiction, a petition to obtain an injunction against the violation.
http://iga.in.gov/legislative/2021/bills/house/1114
HB 1143 – Requests for law enforcement at rental properties
Authored by: Rep. Justin Moed
Status: Died in House committee on Local Government (No Vote)
Summary: Repeals a provision in the law governing landlord-tenant relations that does the following: (1) Prohibits a political subdivision from imposing certain penalties against a tenant, an owner, or a landlord for a contact made to request law enforcement or other emergency assistance for one or more rental units if: (1) the contact is made by or on behalf of: (A) a victim or potential victim of abuse; (B) a victim or potential victim of a crime; or (C) an individual in an emergency; and (2) certain conditions apply. (2) Provides that if: (A) a political subdivision imposes penalties for other types of contacts made to request law enforcement or other emergency assistance for rental units; and (B) a request for law enforcement or emergency assistance is made by a tenant; the penalty imposed must be assessed against the tenant and may not exceed $250.
http://iga.in.gov/legislative/2021/bills/house/1143
HB 1173 – Tax exemption for landlord of a nonprofit renter
Authored by: Rep. Sheila Klinker
Status: Died in House committee on Ways and Means (No vote)
Summary: Provides that to qualify for a tax exemption, an owner of a building may establish a charitable purpose by leasing all or part of the building at a rate substantially below market cost to a person using the building for an educational, literary, scientific, religious, or charitable purpose.
http://iga.in.gov/legislative/2021/bills/house/1173
HB 1219 – Various housing matters
Authored by: Rep. Edward Clere
Status: Died in House Judiciary committee
Summary: 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.
http://iga.in.gov/legislative/2021/bills/house/1219
HB 1332 – Unlawful sale of unsafe buildings
Authored by: Rep. Mitch Gore
Status: Died in House committee on Courts and Criminal Code (No vote)
Summary: Provides that a person who knowingly or intentionally sells real property that has an order: (1) requiring action relative to an unsafe premises; (2) that has not been modified or rescinded by the enforcement authority; and (3) that has not been disclosed to the buyer before the buyer’s purchase of the real property; commits unlawful sale of unsafe buildings, a Class C misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides that the hearing authority may impose a civil penalty on a person in an amount not to exceed five thousand dollars ($5,000) for committing the offense of unlawful sale of unsafe buildings.
http://iga.in.gov/legislative/2021/bills/house/1332
HB 1415 – Bed bug control
Authored by: Rep. Gregory Porter
Status: Died in House committee on Public Health (No vote)
Summary: Requires a tenant to inform the landlord if the tenant reasonably suspects the presence of bed bugs. Requires the landlord to have the dwelling inspected by a qualified inspector. Requires the landlord to inform the tenant if the inspection report indicates the presence of bed bugs. Requires the landlord to have a pest control applicator treat a dwelling that contains bed bugs. Establishes responsibilities for the tenant and landlord concerning notice, access, and costs. Allows the state chemist to adopt rules concerning bed bug inspections and the application of pesticides for bed bugs in dwelling units.
http://iga.in.gov/legislative/2021/bills/house/1415
HB 1422 – Property tax increase limits
Authored by: Rep. Ben Smaltz
Status: Died in House Ways and Means committee
Summary: Provides that for each calendar year beginning after December 31, 2021, an annual adjustment of the assessed value of certain real property must not exceed the lesser of: (1) an amount equal to the percentage change in the consumer price index for the prior calendar year; or (2) an amount equal to 3% over the assessed value of the real property for the prior tax year. Provides that the limitation does not apply if the assessment is based on substantial renovations or new improvements, a change of ownership, or uses that were not considered in the assessment for the prior tax year. Provides that the assessed value of substantial renovations or new improvements to a property as the result of a disaster may not increase the assessed value of the property, with certain restrictions. Provides that if a taxpayer presents an appraisal to the county property tax assessment board of appeals (county board) that is prepared by a certified appraiser in compliance with the Uniform Standards of Professional Appraisal Practice, the appraisal is presumed to be correct. Provides that if the county board disagrees with the taxpayer’s appraisal, the county board may seek review of the appraisal by a third party independent certified appraiser.
http://iga.in.gov/legislative/2021/bills/house/1422
HB 1435 – Small claims court jurisdictional limits
Authored by: Rep. Martin Carbaugh
Status: Died in House committee on Courts and Criminal Code (No hearing and No vote)
Summary: Increases the jurisdictional limit on small claims court cases to $10,000. Increases the jurisdictional limit on Marion County small claims court cases to $10,000. Provides for an annual increase of 1.5% in small claims jurisdictional limits. Requires the office of judicial administration to publish the annual amounts for small claims jurisdictional limits on the office of judicial administration’s Internet web site. (Similar to HB 1110)
http://iga.in.gov/legislative/2021/bills/house/1435
HB 1461 – Abandoned property in a rented dwelling
Authored by: Rep. Bruce Borders
Status: Died in House committee on Judiciary (No Vote)
Summary: 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.
http://iga.in.gov/legislative/2021/bills/house/1461
HB 1466 – Performance bonding of developers
Authored by: Rep. Jim Pressel
Sponsored by: Sen. Blake Doriot, Sen. Linda Rogers
Status: Enacted
Summary: Requires (rather than allows) a local unit to grant a secondary approval to a plat for a subdivision in which improvements and installations have not been completed if the applicant provides: (1) a performance bond or other proof of financial responsibility; or (2) if installation or extension of utility service is involved, proof of contracting with a utility or a political subdivision for the installation or extension. Provides that the only condition precedent that a local unit may require to recording a secondary plat is that the land developer obtain a performance bond or other surety for: (1) unfinished streets, sanitary piping, storm water piping systems, water mains, sidewalks and ornamental landscaping located in common areas; and (2) erosion control. Provides a definition of “common area”.
http://iga.in.gov/legislative/2021/bills/house/1466
HB 1492 – Required notices to mobile home communities
Authored by: Rep. Justin Moed
Status: Died in House committee on Judiciary (No Vote)
Summary: Requires a mobile home community operator (operator) to notify affected owners in writing not later than 30 days before the operator lists for sale or petitions for the rezoning of any parcel on which a mobile home or manufactured home in the mobile home community (community) is located. Requires an operator to provide all owners of mobile homes or manufactured homes in the community with written notice not less than 180 days prior to its closure. Provides that an operator who violates these requirements commits a deceptive act that is actionable by the attorney general or a consumer.
http://iga.in.gov/legislative/2021/bills/house/1492
HB 1530 – Housing stability task force and eviction data
Authored by: Rep. Sue Errington.
Co-Authored by: Rep. Jim Pressel, Rep. Carey Hamilton.
Status: Died in House committee on Government and Regulatory Reform (No Vote)
Summary: Establishes the Indiana housing stability task force (task force). 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 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.
http://iga.in.gov/legislative/2021/bills/house/1530
HB 1541 – Landlord-tenant relations
Authored by: Rep. Ethan Manning
Sponsored by: Sen. James Buck, Sen. Blake Doriot, Sen. Linda Rogers, Sen. Lonnie Randolph
Status: Enacted
Summary: Eliminates the general restriction on the authority of a county, city, town, or township concerning regulation of landlord-tenant relationship matters not specifically described by state statute. Prohibits the waiver of laws regarding retaliatory acts by a landlord.
http://iga.in.gov/legislative/2021/bills/house/1541
HB 1559 – Data base of potentially contaminated properties
Authored by: Rep. Peggy Mayfield
Co-Authored by: Rep. Mike Aylesworth, Rep. Beau Baird
Status: Died in House committee on Environmental Affairs (No vote)
Summary: Requires the department of environmental management (department) to establish and maintain an electronic data base of information on potentially contaminated properties. Requires that the data base be available to users without cost through the Internet and that information on properties be presented in the data base in a manner that is easily searchable and intuitive to users. Provides for the removal of information on a property from the data base when the condition causing the property to be included in the data base is resolved or if the information was included by error. Provides that a person is not entitled to initiate or participate in an administrative review of a decision of the department concerning the inclusion of a property in the data base unless the person owns or has another legal interest in the property. Provides that the inclusion of information on a property in the data base does not subject a person associated with the property to civil or criminal liability, is not grounds for a civil or administrative action against a person associated with the property, and does not disqualify a person associated with the property from any right, power, privilege, or immunity.
http://iga.in.gov/legislative/2021/bills/house/1559
HB 1560 – Homeowners associations and solar power
Authored by: Rep. Mike Speedy
Co-Authored by: Rep. Sharon Negele
Status: Died in House committee on Utilities, Energy and Telecommunications
Summary: Provides that, subject to certain specified exceptions, a homeowners association may not: (1) prohibit the owner of a dwelling unit from installing a solar energy system; (2) impose unreasonable limitations on the owner’s ability to install or use a solar energy system; or (3) require the removal of a solar energy system that has been installed. Provides, however, that a homeowners association may require preapproval by the homeowners association of the location of a solar energy system and of the manner in which the solar energy system is installed. Applies only to rules, covenants, declarations of restrictions, and other governing documents adopted or amended by a homeowners association after June 30, 2021.