Introduced Version
SENATE BILL No. 64
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-20-1-4.3; IC 32-31.
Synopsis: Housing matters. 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.
Effective: July 1, 2024.
Ford J.D.
January 8, 2024, read first time and referred to Committee on Judiciary.
2024 IN 64—LS 6338/DI 129 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 64
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-20-1-4.3 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 4.3. (a) This section applies to a residential
4 landlord-tenant relationship subject to the residential
5 landlord-tenant statute (as defined in IC 32-31-2.9-2).
6 (b) The definitions in IC 32-31-3 apply throughout this section.
7 (c) Before November 1, 2024, the authority shall prescribe a
8 statement of the rights of a residential tenant in Indiana that shall
9 be known as "the tenant's bill of rights".
10 (d) The statement required by subsection (c) must contain the
11 following:
12 (1) A statement describing a tenant's entitlement to a security
13 deposit under IC 32-31-3.
14 (2) A statement concerning the moving and storage of a
15 tenant's property under IC 32-31-4.
16 (3) A statement concerning modifications to a rental
17 agreement and rights of access to a dwelling unit under
2024 IN 64—LS 6338/DI 129 2
1 IC 32-31-5.
2 (4) A statement concerning emergency possessory orders as
3 described in IC 32-31-6.
4 (5) A statement concerning a tenant's obligations under a
5 rental agreement as provided under IC 32-31-7.
6 (6) A statement describing a landlord's obligations under a
7 rental agreement as provided under IC 32-31-8.
8 (7) A statement specifying that a landlord is prohibited from
9 engaging in retaliatory acts under IC 32-31-8.5.
10 (8) A statement concerning the rights of tenants who are
11 victims of certain crimes under IC 32-31-9.
12 (9) A statement concerning:
13 (A) residential eviction actions as described in IC 32-31-10;
14 and
15 (B) disclosure of residential eviction information under
16 IC 32-31-11.
17 (10) Information about federal, state, or local rental
18 assistance programs that provide financial assistance or
19 subsidized housing to tenants, including programs available
20 to senior citizens.
21 (11) Other information pertinent to a tenant's rights under a
22 statute listed in IC 32-31-2.9-2 or another law that confers
23 rights to a tenant.
24 (e) Before November 1, 2024, the authority shall:
25 (1) make the statement available to residential landlords
26 throughout Indiana; and
27 (2) post the statement on the authority's website.
28 SECTION 2. IC 32-31-1-19.5 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 19.5. (a) This section applies to a
31 rental agreement entered into or renewed after June 30, 2024.
32 (b) Except as provided in subsection (c), the definitions in
33 IC 32-31-3 apply throughout this section.
34 (c) As used in this section, "tenant" has the meaning set forth in
35 IC 32-31-3-10, but includes only an individual who is at least sixty-
36 two (62) years of age.
37 (d) In the case of a year to year tenancy, a landlord may not
38 increase the rent payable by the tenant in an amount that exceeds
39 ten percent (10%) of the rent payable under the rental agreement
40 in effect on June 30, 2024, and for each year thereafter.
41 (e) In the case of a month to month tenancy, a landlord may not
42 increase the rent payable by the tenant for a succeeding month in
2024 IN 64—LS 6338/DI 129 3
1 an amount that exceeds:
2 (1) ten percent (10%); divided by
3 (2) twelve (12) months;
4 of the amount of rent payable under the rental agreement
5 applicable to the month to month tenancy on June 30, 2024, and for
6 each month thereafter.
7 (f) The application of subsections (d) and (e) is not affected by
8 a change in the ownership of the property if the new owner
9 continues to use the property to rent dwelling units.
10 SECTION 3. IC 32-31-8-5 IS AMENDED TO READ AS
11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. A landlord shall do
12 the following:
13 (1) Deliver the rental premises to a tenant in compliance with the
14 rental agreement, and in a safe, clean, and habitable condition.
15 (2) Comply with all health and housing codes applicable to the
16 rental premises.
17 (3) Make all reasonable efforts to keep common areas of a rental
18 premises in a clean and proper condition.
19 (4) Provide and maintain the following items in a rental premises
20 in good and safe working condition, if provided on the premises
21 at the time the rental agreement is entered into:
22 (A) Electrical systems.
23 (B) Plumbing systems sufficient to accommodate a reasonable
24 supply of hot and cold running water at all times.
25 (C) Sanitary systems.
26 (D) Heating, ventilating, and air conditioning systems. A
27 heating system must be sufficient to adequately supply heat at
28 all times.
29 (E) Elevators, if provided.
30 (F) Appliances supplied as an inducement to the rental
31 agreement.
32 (5) Comply with IC 32-31-1-19.5.
33 (6) After October 31, 2024, provide a tenant with the
34 statement prescribed by IC 5-20-1-4.3 at the time the tenant:
35 (A) enters into; or
36 (B) renews;
37 a rental agreement.
2024 IN 64—LS 6338/DI 129