Indiana 2023 Regular Session

Indiana Senate Bill SB0202 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0202.1~~
2		-	~~February 17, 2023~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 202
4	4		_____
5		-	DIGEST OF SB 202 (Updated February 15, 2023 7:01 pm - DI 149)
6		-	Citations Affected: Noncode.
7		-	Synopsis: Study committee. Urges the legislative council to assign the
8		-	topic of various housing matters to the appropriate interim study
9		-	committee.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 32-31.
	7	+	Synopsis: Various housing matters. Allows a city, county, or town to
	8	+	bring a nuisance action against a tenant or other person responsible for
	9	+	a nuisance. Defines "essential services" as certain utility services
	10	+	needed for the safe and habitable occupation by a tenant of the tenant's
	11	+	rental unit. Defines "essential systems" as certain systems used to
	12	+	deliver essential services to a rental unit. Requires a landlord to repair
	13	+	or replace an essential system not later than 24 hours after being
	14	+	notified by a tenant that the tenant's rental unit is without essential
	15	+	services under certain circumstances. Allows for certain remedies to
	16	+	the tenant for the landlord's noncompliance. Provides that, during the
	17	+	pendency of a court action brought by a tenant, the court may order the
	18	+	tenant to make the regular rental payments otherwise due under the
	19	+	rental agreement to the clerk of the court or an attorney trust account,
	20	+	to be held in trust for disbursal to the prevailing party, as ordered by the
	21	+	court. Provides that a landlord may apply for release of rent deposits.
	22	+	Provides that, after June 30, 2023, a landlord may not manage a rental
	23	+	property in Indiana unless: (1) the landlord resides, is domiciled, or is
	24	+	authorized to do business in Indiana; (2) the landlord maintains an
	25	+	office at one or more physical locations in Indiana; or (3) the landlord
	26	+	has appointed a licensed real estate broker or broker company to
	27	+	manage the rental property. Makes conforming changes.
10	28		Effective: July 1, 2023.
11		-	Qaddoura~~, Walker G~~
	29	+	Qaddoura
12	30		January 10, 2023, read first time and referred to Committee on Judiciary.
13		-	February 16, 2023, amended, reported favorably — Do Pass.
14		-	SB 202—LS 6821/DI 148 February 17, 2023
	31	+	2023 IN 202—LS 6821/DI 148 Introduced
15	32		First Regular Session of the 123rd General Assembly (2023)
16	33		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	34		Constitution) is being amended, the text of the existing provision will appear in this style type,
18	35		additions will appear in this style type, and deletions will appear in this style type.
19	36		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	37		provision adopted), the text of the new provision will appear in this style type. Also, the
21	38		word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	39		a new provision to the Indiana Code or the Indiana Constitution.
23	40		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	41		between statutes enacted by the 2022 Regular Session of the General Assembly.
25	42		SENATE BILL No. 202
26		-	A BILL FOR AN ACT concerning property.
	43	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	44	+	property.
27	45		Be it enacted by the General Assembly of the State of Indiana:
28		-	1 SECTION 1. [EFFECTIVE JULY 1, 2023] (a) The legislative
29		-	2 council is urged to assign to the appropriate interim study
30		-	3 committee the task of studying the following topics:
31		-	4 (1) The implementation of a rent escrow program for tenants
32		-	5 in single and multifamily units.
33		-	6 (2) Protections for a tenant against a negligent out of state
34		-	7 landlord.
35		-	8 (3) Habitability and living condition standards for tenants in
36		-	9 single and multifamily units.
37		-	10 (4) Addressing the root causes of housing instability, including
38		-	11 evictions and lack of affordable housing.
39		-	12 (5) An examination of unsafe building and nuisance laws and
40		-	13 remedies available to local units of government for violations
41		-	14 by residential landlords.
42		-	15 (b) This SECTION expires July 1, 2024.
43		-	SB 202—LS 6821/DI 148 2
44		-	COMMITTEE REPORT
45		-	Madam President: The Senate Committee on Judiciary, to which
46		-	was referred Senate Bill No. 202, has had the same under consideration
47		-	and begs leave to report the same back to the Senate with the
48		-	recommendation that said bill be AMENDED as follows:
49		-	Delete the title and insert the following:
50		-	A BILL FOR AN ACT concerning property.
51		-	Page 1, delete lines 1 through 17, begin a new paragraph and insert:
52		-	"SECTION 1. [EFFECTIVE JULY 1, 2023] (a) The legislative
53		-	council is urged to assign to the appropriate interim study
54		-	committee the task of studying the following topics:
55		-	(1) The implementation of a rent escrow program for tenants
56		-	in single and multifamily units.
57		-	(2) Protections for a tenant against a negligent out of state
58		-	landlord.
59		-	(3) Habitability and living condition standards for tenants in
60		-	single and multifamily units.
61		-	(4) Addressing the root causes of housing instability, including
62		-	evictions and lack of affordable housing.
63		-	(5) An examination of unsafe building and nuisance laws and
64		-	remedies available to local units of government for violations
65		-	by residential landlords.
66		-	(b) This SECTION expires July 1, 2024.".
67		-	Delete pages 2 through 9.
68		-	and when so amended that said bill do pass.
69		-	(Reference is to SB 202 as introduced.)
70		-	BROWN L, Chairperson
71		-	Committee Vote: Yeas 11, Nays 0.
72		-	SB 202—LS 6821/DI 148
	46	+	1 SECTION 1. IC 32-31-1-22, AS AMENDED BY P.L.86-2018,
	47	+	2 SECTION 227, IS AMENDED TO READ AS FOLLOWS
	48	+	3 [EFFECTIVE JULY 1, 2023]: Sec. 22. (a) The definitions in
	49	+	4 IC 32-31-3 apply throughout this section.
	50	+	5 (b) As used in this section, "penalty" refers to any of the following:
	51	+	6 (1) The assessment of a penalty, fine, or fee.
	52	+	7 (2) Actual or threatened eviction from a rental unit, or the causing
	53	+	8 of an actual or threatened eviction from a rental unit.
	54	+	9 (c) As used in this section, "political subdivision" has the meaning
	55	+	10 set forth in IC 36-1-2-13.
	56	+	11 (d) Except as provided in subsection (e), a political subdivision may
	57	+	12 not adopt or enforce any ordinance, rule, or regulation that imposes a
	58	+	13 penalty, or allows for the imposition of a penalty, against a tenant, an
	59	+	14 owner, or a landlord for a contact made to request law enforcement
	60	+	15 assistance or other emergency assistance for one (1) or more rental
	61	+	16 units if:
	62	+	17 (1) the contact is made by or on behalf of:
	63	+	2023 IN 202—LS 6821/DI 148 2
	64	+	1 (A) a victim or potential victim of abuse;
	65	+	2 (B) a victim or potential victim of a crime; or
	66	+	3 (C) an individual in an emergency; and
	67	+	4 (2) either of the following applies:
	68	+	5 (A) At the time the contact is made, the person making the
	69	+	6 contact reasonably believes that law enforcement assistance or
	70	+	7 other emergency assistance is necessary to prevent the
	71	+	8 perpetration or escalation of abuse, a crime, or an emergency.
	72	+	9 (B) If abuse, a crime, or an emergency occurs, the law
	73	+	10 enforcement assistance or other emergency assistance was
	74	+	11 needed.
	75	+	12 (e) Subject to subsections (f) and (g), this section does not prohibit
	76	+	13 a political subdivision from adopting or enforcing an ordinance, a rule,
	77	+	14 or a regulation that imposes a penalty for a contact that:
	78	+	15 (1) is made to request law enforcement assistance or other
	79	+	16 emergency assistance; and
	80	+	17 (2) is not made by or on behalf of:
	81	+	18 (A) a victim or potential victim of abuse;
	82	+	19 (B) a victim or potential victim of a crime; or
	83	+	20 (C) an individual in an emergency.
	84	+	21 (f) If:
	85	+	22 (1) a political subdivision imposes a penalty under an ordinance,
	86	+	23 a rule, or a regulation authorized by subsection (e); and
	87	+	24 (2) the prohibited contact to request law enforcement assistance
	88	+	25 or other emergency assistance is made by a tenant in a rental unit;
	89	+	26 the penalty imposed must be assessed against the tenant of the rental
	90	+	27 unit and not against the landlord or owner of the rental unit.
	91	+	28 (g) Any penalty that is assessed under an ordinance, a rule, or a
	92	+	29 regulation authorized by subsection (e) may not exceed two hundred
	93	+	30 fifty dollars ($250).
	94	+	31 (h) Nothing in this section shall be construed to prevent a housing
	95	+	32 authority established under IC 36-7-18 from enforcing rights or
	96	+	33 remedies established by contract or federal law against a landlord or
	97	+	34 owner of a rental unit.
	98	+	35 (i) Nothing in this section shall be construed to prevent an attorney
	99	+	36 representing a city, county, or town from:
	100	+	37 (1) bringing a nuisance action described under IC 32-30-6-7(b)
	101	+	38 against a landlord, or owner of a rental unit, tenant, or other
	102	+	39 person responsible for the nuisance; or
	103	+	40 (2) recovering damages, fees, and costs that are permitted
	104	+	41 under IC 32-30-6-7 and IC 32-30-6-8.
	105	+	42 SECTION 2. IC 32-31-8-5 IS AMENDED TO READ AS
	106	+	2023 IN 202—LS 6821/DI 148 3
	107	+	1 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) As used in this
	108	+	2 section, "essential services" means:
	109	+	3 (1) electricity;
	110	+	4 (2) gas;
	111	+	5 (3) heat;
	112	+	6 (4) water; or
	113	+	7 (5) other services;
	114	+	8 needed for the safe and habitable occupation by a tenant of the
	115	+	9 tenant's rental unit.
	116	+	10 (b) As used in this section, "essential system" means a system,
	117	+	11 or one (1) or more parts or components of a system, that is:
	118	+	12 (1) used for; or
	119	+	13 (2) necessary to;
	120	+	14 the delivery of one (1) or more essential services to a rental unit.
	121	+	15 (c) A landlord shall do the following:
	122	+	16 (1) Deliver the rental premises to a tenant in compliance with the
	123	+	17 rental agreement, and in a safe, clean, and habitable condition.
	124	+	18 (2) Comply with all health and housing codes applicable to the
	125	+	19 rental premises.
	126	+	20 (3) Make all reasonable efforts to keep common areas of a rental
	127	+	21 premises in a clean and proper condition.
	128	+	22 (4) Provide and maintain all essential systems.
	129	+	23 (5) Provide and maintain the following items in a rental premises
	130	+	24 in good and safe working condition, if provided on the premises
	131	+	25 at the time the rental agreement is entered into:
	132	+	26 (A) Other electrical systems.
	133	+	27 (B) Other plumbing systems. sufficient to accommodate a
	134	+	28 reasonable supply of hot and cold running water at all times.
	135	+	29 (C) Other sanitary systems.
	136	+	30 (D) Other heating, ventilating, and air conditioning systems.
	137	+	31 A heating system must be sufficient to adequately supply heat
	138	+	32 at all times.
	139	+	33 (E) Elevators, if provided.
	140	+	34 (F) Appliances supplied as an inducement to the rental
	141	+	35 agreement.
	142	+	36 (d) Subsection (c)(4) does not:
	143	+	37 (1) prohibit a landlord from interrupting, shutting off, or
	144	+	38 terminating one (1) or more essential services to a rental unit
	145	+	39 as needed:
	146	+	40 (A) in an emergency;
	147	+	41 (B) to make good faith repairs; or
	148	+	42 (C) for construction; or
	149	+	2023 IN 202—LS 6821/DI 148 4
	150	+	1 (2) require a landlord to pay for one (1) or more essential
	151	+	2 services provided to a rental unit if the landlord has not
	152	+	3 agreed to do so under the rental agreement.
	153	+	4 (e) Subject to subsection (f), a landlord shall repair or replace
	154	+	5 an essential system not later than twenty-four (24) hours after
	155	+	6 being notified by a tenant that the tenant's rental unit is without
	156	+	7 one (1) or more essential services as a result of:
	157	+	8 (1) a malfunction in the essential system; or
	158	+	9 (2) the landlord's failure to otherwise maintain the essential
	159	+	10 system in good and safe working condition.
	160	+	11 (f) The twenty-four (24) hour period set forth in subsection (e)
	161	+	12 does not apply if:
	162	+	13 (1) the tenant's rental unit is without one (1) or more essential
	163	+	14 services because of a malfunction in an essential system, and
	164	+	15 the malfunction is the direct result of the tenant's commission
	165	+	16 of waste to the essential system or the rental unit; or
	166	+	17 (2) the landlord makes a good faith attempt within the
	167	+	18 twenty-four (24) hour period set forth in subsection (e) to
	168	+	19 undertake the needed repairs to, or replacement of, an
	169	+	20 essential system through:
	170	+	21 (A) the landlord's own efforts; or
	171	+	22 (B) the services of:
	172	+	23 (i) a contractor; or
	173	+	24 (ii) an employee or agent of the landlord;
	174	+	25 and the landlord or person described in clause (B) is unable to
	175	+	26 begin or complete the needed repairs or replacement within
	176	+	27 the twenty-four (24) hour period set forth in subsection (e).
	177	+	28 (g) A landlord that knowingly or intentionally violates this
	178	+	29 section commits a deceptive act that is actionable by the attorney
	179	+	30 general and is subject to the remedies and penalties under
	180	+	31 IC 24-5-0.5 if the landlord is a legal entity.
	181	+	32 SECTION 3. IC 32-31-8-5.5 IS ADDED TO THE INDIANA CODE
	182	+	33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	183	+	34 1, 2023]: Sec. 5.5. (a) In addition to, or instead of, bringing an
	184	+	35 action under section 6 of this chapter, a tenant may enforce an
	185	+	36 obligation of a landlord under this chapter by doing the following:
	186	+	37 (1) Notify the landlord, at least thirty (30) days before the
	187	+	38 tenant's next regular rental payment is due under the rental
	188	+	39 agreement, that:
	189	+	40 (A) the landlord has failed to make necessary repairs
	190	+	41 under this chapter; and
	191	+	42 (B) if the landlord fails to make the necessary repairs
	192	+	2023 IN 202—LS 6821/DI 148 5
	193	+	1 before the tenant's next regular rental payment is due
	194	+	2 under the rental agreement, the tenant intends to deposit
	195	+	3 rental payments with the clerk of the court.
	196	+	4 (2) Subject to subsection (b), deposit all rent that is due with
	197	+	5 the clerk of the court having jurisdiction in the county where
	198	+	6 the rental premises is located if the landlord fails or refuses
	199	+	7 to:
	200	+	8 (A) make the repairs; or
	201	+	9 (B) take the actions necessary to remedy the condition
	202	+	10 described in the tenant's notice under subdivision (1);
	203	+	11 before the due date of the tenant's next regular rental
	204	+	12 payment following delivery of the notice under subdivision
	205	+	13 (1).
	206	+	14 (3) Apply to the court for an order that does one (1) or more
	207	+	15 of the following:
	208	+	16 (A) Direct the landlord to remedy the condition.
	209	+	17 (B) Reduce the rent due until the landlord remedies the
	210	+	18 condition.
	211	+	19 (C) Release rent deposited with the clerk to the tenant for
	212	+	20 the tenant to remedy the condition.
	213	+	21 (4) Terminate the rental agreement.
	214	+	22 (b) A tenant may not take any action described in subsection
	215	+	23 (a)(2), (a)(3), or (a)(4) if the:
	216	+	24 (1) tenant prevents the landlord from having reasonable
	217	+	25 access to the rental premises to make any repairs or take any
	218	+	26 action necessary to remedy the condition described in the
	219	+	27 tenant's notice before the due date of the tenant's next regular
	220	+	28 rental payment following delivery of the notice under
	221	+	29 subsection (a)(1); or
	222	+	30 (2) landlord:
	223	+	31 (A) owns not more than three (3) single family houses at
	224	+	32 one (1) time; or
	225	+	33 (B) occupies one (1) of the living quarters of the rental
	226	+	34 premises in a dwelling containing living quarters that are
	227	+	35 intended to be occupied by not more than four (4) families
	228	+	36 living independently of each other.
	229	+	37 SECTION 4. IC 32-31-8-6.5 IS ADDED TO THE INDIANA CODE
	230	+	38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	231	+	39 1, 2023]: Sec. 6.5. (a) This section applies to an action that is filed
	232	+	40 under section 6 of this chapter after June 30, 2023.
	233	+	41 (b) During the pendency of an action to which this section
	234	+	42 applies, if the tenant continues to occupy the rental unit upon
	235	+	2023 IN 202—LS 6821/DI 148 6
	236	+	1 which the action is based, the court may issue a provisional order
	237	+	2 that requires the tenant to make regular rental payments otherwise
	238	+	3 due to the landlord under the rental agreement to:
	239	+	4 (1) the clerk of the court, who shall hold the payments in trust
	240	+	5 for the parties; or
	241	+	6 (2) an attorney trust account;
	242	+	7 as directed by the court. The funds held by the clerk or in an
	243	+	8 attorney trust account under this subsection may not be disbursed
	244	+	9 unless the court issues an order for their disbursement.
	245	+	10 (c) Subject to subsection (e), if the tenant is the prevailing party
	246	+	11 in the action under section 6 of this chapter, the tenant is entitled
	247	+	12 to a refund of payments made under an order issued by the court
	248	+	13 under subsection (b). The amount of the refund:
	249	+	14 (1) shall be determined by the court after taking into
	250	+	15 consideration:
	251	+	16 (A) the estimated cost of any repairs or other action
	252	+	17 necessary to remedy the condition that was the basis of the
	253	+	18 tenant's action under section 6 of this chapter;
	254	+	19 (B) expenses incurred by the tenant in undertaking any
	255	+	20 repairs or other action necessary to remedy the condition
	256	+	21 that was the basis of the tenant's action under section 6 of
	257	+	22 this chapter;
	258	+	23 (C) efforts undertaken by the landlord before or after the
	259	+	24 filing of the tenant's action under section 6 of this chapter
	260	+	25 to remedy the condition that was the basis of the tenant's
	261	+	26 action under section 6 of this chapter; and
	262	+	27 (D) any other factors that justice may require; and
	263	+	28 (2) shall be disbursed to the tenant upon order of the court.
	264	+	29 (d) Subject to subsection (e), if the tenant is not the prevailing
	265	+	30 party in the action under section 6 of this chapter, the tenant is not
	266	+	31 entitled to a refund of any rental payments made under an order
	267	+	32 issued by the court under subsection (b), and any amounts held in
	268	+	33 trust by the clerk of the court or in an attorney trust account shall,
	269	+	34 upon order of the court, be disbursed to the landlord and credited
	270	+	35 against the amount of the regular rental payments due to the
	271	+	36 landlord under the rental agreement during the pendency of the
	272	+	37 action.
	273	+	38 (e) The court may reduce the amount of:
	274	+	39 (1) a refund to be disbursed to a tenant in an order under
	275	+	40 subsection (c), if the court determines that the tenant
	276	+	41 contributed in any way to the necessity of repairs or other
	277	+	42 action needed to remedy the condition that was the basis of
	278	+	2023 IN 202—LS 6821/DI 148 7
	279	+	1 the tenant's action under section 6 of this chapter; or
	280	+	2 (2) any amounts to be disbursed to a landlord in an order
	281	+	3 under subsection (d), if the court determines that the
	282	+	4 landlord's failure to comply with one (1) or more of the
	283	+	5 requirements of this chapter contributed in any way to the
	284	+	6 necessity of repairs or other action needed to remedy the
	285	+	7 condition that was the basis of the tenant's action under
	286	+	8 section 6 of this chapter;
	287	+	9 as justice may require.
	288	+	10 SECTION 5. IC 32-31-8-8 IS ADDED TO THE INDIANA CODE
	289	+	11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	290	+	12 1, 2023]: Sec. 8. (a) If rent is being deposited with the clerk of the
	291	+	13 court under section 5.5 or 6.5 of this chapter, the landlord may
	292	+	14 apply for the release of rent deposits to the:
	293	+	15 (1) clerk of the court on the basis that the condition contained
	294	+	16 in the notice is remedied; or
	295	+	17 (2) court on the basis that the:
	296	+	18 (A) tenant:
	297	+	19 (i) did not comply with the notice requirement in section
	298	+	20 5.5 of this chapter; or
	299	+	21 (ii) was not current on rent payments under the rental
	300	+	22 agreement at the time the tenant initiated the rent
	301	+	23 deposits with the clerk of the court; or
	302	+	24 (B) landlord:
	303	+	25 (i) did not violate an obligation under this chapter;
	304	+	26 (ii) does not own more than three (3) single family houses
	305	+	27 at any one (1) time; or
	306	+	28 (iii) occupies one (1) of the living quarters of the rental
	307	+	29 premises in a dwelling containing living quarters that are
	308	+	30 intended to be occupied by not more than four (4)
	309	+	31 families living independently of each other.
	310	+	32 (b) The landlord shall name the tenant as a party to an
	311	+	33 application filed under this section.
	312	+	34 (c) The court shall hold a hearing not more than sixty (60) days
	313	+	35 after the application is filed unless, for good cause shown, the court
	314	+	36 continues the hearing.
	315	+	37 (d) If the court continues a hearing under this section, the court
	316	+	38 may, upon the landlord's request, order a release of partial rent
	317	+	39 deposits for the following operating costs arising from the rental
	318	+	40 premises that is the subject of a proceeding under this chapter:
	319	+	41 (1) Mortgage payments, including periodic interest payments
	320	+	42 on the mortgage.
	321	+	2023 IN 202—LS 6821/DI 148 8
	322	+	1 (2) Insurance premiums.
	323	+	2 (3) Real estate taxes.
	324	+	3 (4) Utility services.
	325	+	4 (5) Repairs.
	326	+	5 (e) If the court finds in the landlord's favor after a hearing
	327	+	6 under this section, the court shall order the full release of rent
	328	+	7 deposits, minus costs, to the landlord.
	329	+	8 (f) If the court finds after a hearing under this section that the:
	330	+	9 (1) tenant's act or omission caused the condition; or
	331	+	10 (2) tenant intentionally acted in bad faith;
	332	+	11 the tenant is liable for damages caused to the landlord and costs,
	333	+	12 including reasonable attorney's fees.
	334	+	13 SECTION 6. IC 32-31-9-8, AS ADDED BY P.L.22-2007,
	335	+	14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	336	+	15 JULY 1, 2023]: Sec. 8. (a) A landlord may not terminate a lease, refuse
	337	+	16 to renew a lease, refuse to enter into a lease, or retaliate against a tenant
	338	+	17 solely because:
	339	+	18 (1) a tenant;
	340	+	19 (2) an applicant; or
	341	+	20 (3) an individual who is a member of the tenant's or applicant's
	342	+	21 household;
	343	+	22 is a protected individual.
	344	+	23 (b) A landlord may not refuse to enter into a lease with an applicant
	345	+	24 or retaliate against a tenant solely because:
	346	+	25 (1) the tenant;
	347	+	26 (2) the applicant; or
	348	+	27 (3) an individual who is a member of the tenant's or applicant's
	349	+	28 household;
	350	+	29 has terminated a rental agreement as a protected individual under
	351	+	30 section 12 of this chapter.
	352	+	31 (c) Except as otherwise provided in subsection (b), evidence that
	353	+	32 a tenant engaged in a protected activity not more than six (6)
	354	+	33 months before the landlord's alleged retaliatory conduct creates a
	355	+	34 rebuttable presumption that the purpose of the landlord's conduct
	356	+	35 was retaliation.
	357	+	36 (d) A presumption does not arise under subsection (c) if the
	358	+	37 tenant engaged in a protected activity after the landlord gave the
	359	+	38 tenant notice of the landlord's intent to:
	360	+	39 (1) increase the rent or fees;
	361	+	40 (2) decrease services, increase the tenant's obligations, impose
	362	+	41 different rules on, or selectively enforce the landlord's rules
	363	+	42 against, the tenant or immediate family member, or otherwise
	364	+	2023 IN 202—LS 6821/DI 148 9
	365	+	1 materially alter the terms of the lease;
	366	+	2 (3) bring an action for possession on a ground other than
	367	+	3 nonpayment of rent;
	368	+	4 (4) refuse to renew a tenancy for a fixed term under a lease
	369	+	5 containing a renewal option that is exercisable by the tenant
	370	+	6 without negotiation with the landlord, for any period after the
	371	+	7 lease would otherwise terminate; or
	372	+	8 (5) terminate a periodic tenancy.
	373	+	9 (e) A landlord may rebut a presumption under subsection (c) by
	374	+	10 a preponderance of evidence showing that the landlord:
	375	+	11 (1) had sufficient justification for engaging in the conduct that
	376	+	12 created the presumption; and
	377	+	13 (2) would have engaged in the conduct in the same manner
	378	+	14 and at the same time whether or not the tenant engaged in a
	379	+	15 protected activity.
	380	+	16 SECTION 7. IC 32-31-12 IS ADDED TO THE INDIANA CODE
	381	+	17 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	382	+	18 JULY 1, 2023]:
	383	+	19 Chapter 12. Landlord's Required Nexus
	384	+	20 Sec. 1. As used in this chapter, "landlord" has the same meaning
	385	+	21 as in IC 32-31-3-3.
	386	+	22 Sec. 2. After June 30, 2023, a landlord may not manage a rental
	387	+	23 property in Indiana unless one (1) or more of the following apply:
	388	+	24 (1) The landlord resides, is domiciled, or is authorized to do
	389	+	25 business in Indiana.
	390	+	26 (2) The landlord maintains an office at one (1) or more
	391	+	27 physical locations in Indiana.
	392	+	28 (3) The landlord appoints a licensed real estate broker or
	393	+	29 broker company to manage the rental property.
	394	+	2023 IN 202—LS 6821/DI 148