Indiana Property Rights Alliance

Previously Proposed Legislation

2024 IGA Session

SB235 – Allows a city, county, or town to bring a nuisance action against a tenant or other person responsible for a nuisance. Requires a landlord to repair or replace an essential item not later than 24 hours after being notified by a tenant that the tenant’s rental unit is without certain essential services. Provides that a tenant may bring an enforcement action against a landlord by providing notice of the landlord’s noncompliance and allows for certain remedies to a prevailing tenant. Allows a court to order that a tenant’s regular rental payments are paid into an attorney trust account or to the clerk of the court during the pendency of an enforcement action brought by the tenant.

SB243 – Provides that a landlord may not sell a residential rental property that is subject to an unexpired written lease unless the landlord gives written notice to the tenant of the residential rental property not less than 60 days before the landlord lists the property for sale, unless certain exceptions apply. Requires a buyer of a residential rental property to honor an unexpired written lease between the previous owner and a tenant unless the buyer of the residential rental property gives written notice to the tenant that the buyer intends to terminate the lease, not less than 30 days before the lease is terminated, and pays the tenant an amount equal to one month rent plus the full security deposit as specified in the written lease.

SB277 – Provides that the court may appoint a receiver upon request by a county, city, or town when the property owner of a multifamily residential property with more than four dwelling units has failed to pay damages, costs, or attorney’s fees that have been incurred by the multifamily residential property in a nuisance action brought by the county, city, or town. Allows a city, county, or town to bring a nuisance action against a tenant or other person responsible for a nuisance. Defines “essential services” as certain services needed for the safe and habitable occupation by a tenant of the tenant’s rental unit. Defines “essential systems” as certain systems used to deliver essential services to a rental unit. Requires a landlord to provide and maintain a rental premises that is free from the following: (1) Pests, including rodents and invasive insects. (2) Mold. (3) Rot. Sets forth a procedure for a tenant to use to initiate a request for repairs. Requires a landlord to repair or replace an essential system not later than 72 hours after being notified by a tenant that the tenant’s rental unit is without essential services under certain circumstances. Allows for certain remedies to the tenant for the landlord’s noncompliance, including a procedure for the deposit of rent that is due with the clerk of the court if the landlord fails or refuses to make repairs or take remedial action. Provides that, during the pendency of a court action brought by a tenant, the court may order the tenant to make the regular rental payments otherwise due under the rental agreement to the clerk of the court or an attorney trust account, to be held in trust for disbursal to the prevailing party, as ordered by the court. Provides that a landlord may apply for release of rent deposits. Provides that, after June 30, 2024, a landlord may not manage a rental property in Indiana unless the landlord: (1) is authorized to do business in Indiana; (2) maintains an office at one or more physical locations in Indiana; or (3) appoints an Indiana licensed real estate broker or broker company to manage the rental property. Makes conforming changes.

SB111 – Provides that in addition to, or instead of, bringing a court action to enforce a statutory obligation of a residential landlord, a tenant may enforce the obligation by doing the following: (1) Providing notice to the landlord, at least 30 days before the tenant’s next regular rental payment is due, of: (A) the landlord’s alleged failure to comply with the required obligation; and (B) the tenant’s intent to deposit rental payments with the clerk of the court in the county in which the rental premises are located if the landlord fails to make any repairs or take any other actions necessary to remedy the landlord’s failure to comply before the tenant’s next regular rental payment is due under the rental agreement. (2) Depositing all rental payments with the clerk of the court in the county where the rental premises are located if the landlord fails or refuses to make any repairs or take any other actions necessary to remedy the landlord’s failure to comply before the due date of the tenant’s next regular rental payment. (3) Applying to the court for an order that provides specified remedies for the landlord’s failure to comply. Provides that, during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (1) the clerk of the court; or (2) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court.

HB1226 – Provides that a rental agreement may not require a tenant to declaw a cat as a condition of the rental agreement.

SB64 – Requires, before November 1, 2024, the Indiana housing and community development authority (authority) to prescribe a statement of the rights of a residential tenant in Indiana. Specifies the contents of the statement. Requires the authority to: (1) make the statement available to residential landlords throughout Indiana; and (2) post the statement on the authority’s website. Requires, after October 31, 2024, a residential landlord to provide a tenant with the statement at the time the tenant enters into or renews a rental agreement. Provides that a landlord may not increase the rent payable by a tenant who is at least 62 years of age in an amount that exceeds 10% of the rent payable under the rental agreement in effect on June 30, 2024, and for each year thereafter. Specifies that if a tenancy is month to month, a landlord may not increase the rent payable by a tenant who is at least 62 years of age for a succeeding month in an amount that exceeds: (1) 10%; divided by (2) 12 months; of the amount of rent payable under the rental agreement applicable to the month to month tenancy on June 30, 2024, and for each month thereafter. Indicates that the application of the provisions added by the bill concerning rental increases is not affected by a change in the ownership of the property if the new owner continues to use the property to rent dwelling units.

HB1087 – Expands the Indiana fair housing statute to prohibit discrimination on the basis of a person’s: (1) source of income; (2) military active duty status; or (3) veteran status. Defines the terms “source of income”, “active duty”, and “veteran”.

HB1387 – Makes various changes to the residential housing infrastructure assistance program. Expands the definition of “economic development facilities” applicable to the economic development and pollution control statutes to include facilities for housing for purposes of redevelopment commission programs outside Indianapolis for age-restricted housing or residential housing development. Makes a technical correction.