Indiana 2024 Regular Session

Indiana Senate Bill SB0064 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 64
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-20-1-4.3; IC 32-31.
7	7	Synopsis: Housing matters. Requires, before November 1, 2024, the
8	8	Indiana housing and community development authority (authority) to
9	9	prescribe a statement of the rights of a residential tenant in Indiana.
10	10	Specifies the contents of the statement. Requires the authority to: (1)
11	11	make the statement available to residential landlords throughout
12	12	Indiana; and (2) post the statement on the authority's website. Requires,
13	13	after October 31, 2024, a residential landlord to provide a tenant with
14	14	the statement at the time the tenant enters into or renews a rental
15	15	agreement. Provides that a landlord may not increase the rent payable
16	16	by a tenant who is at least 62 years of age in an amount that exceeds
17	17	10% of the rent payable under the rental agreement in effect on June
18	18	30, 2024, and for each year thereafter. Specifies that if a tenancy is
19	19	month to month, a landlord may not increase the rent payable by a
20	20	tenant who is at least 62 years of age for a succeeding month in an
21	21	amount that exceeds: (1) 10%; divided by (2) 12 months; of the amount
22	22	of rent payable under the rental agreement applicable to the month to
23	23	month tenancy on June 30, 2024, and for each month thereafter.
24	24	Indicates that the application of the provisions added by the bill
25	25	concerning rental increases is not affected by a change in the
26	26	ownership of the property if the new owner continues to use the
27	27	property to rent dwelling units.
28	28	Effective: July 1, 2024.
29	29	Ford J.D.
30	30	January 8, 2024, read first time and referred to Committee on Judiciary.
31	31	2024 IN 64—LS 6338/DI 129 Introduced
32	32	Second Regular Session of the 123rd General Assembly (2024)
33	33	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
34	34	Constitution) is being amended, the text of the existing provision will appear in this style type,
35	35	additions will appear in this style type, and deletions will appear in this style type.
36	36	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
37	37	provision adopted), the text of the new provision will appear in this style type. Also, the
38	38	word NEW will appear in that style type in the introductory clause of each SECTION that adds
39	39	a new provision to the Indiana Code or the Indiana Constitution.
40	40	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
41	41	between statutes enacted by the 2023 Regular Session of the General Assembly.
42	42	SENATE BILL No. 64
43	43	A BILL FOR AN ACT to amend the Indiana Code concerning
44	44	property.
45	45	Be it enacted by the General Assembly of the State of Indiana:
46	46	1 SECTION 1. IC 5-20-1-4.3 IS ADDED TO THE INDIANA CODE
47	47	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
48	48	3 1, 2024]: Sec. 4.3. (a) This section applies to a residential
49	49	4 landlord-tenant relationship subject to the residential
50	50	5 landlord-tenant statute (as defined in IC 32-31-2.9-2).
51	51	6 (b) The definitions in IC 32-31-3 apply throughout this section.
52	52	7 (c) Before November 1, 2024, the authority shall prescribe a
53	53	8 statement of the rights of a residential tenant in Indiana that shall
54	54	9 be known as "the tenant's bill of rights".
55	55	10 (d) The statement required by subsection (c) must contain the
56	56	11 following:
57	57	12 (1) A statement describing a tenant's entitlement to a security
58	58	13 deposit under IC 32-31-3.
59	59	14 (2) A statement concerning the moving and storage of a
60	60	15 tenant's property under IC 32-31-4.
61	61	16 (3) A statement concerning modifications to a rental
62	62	17 agreement and rights of access to a dwelling unit under
63	63	2024 IN 64—LS 6338/DI 129 2
64	64	1 IC 32-31-5.
65	65	2 (4) A statement concerning emergency possessory orders as
66	66	3 described in IC 32-31-6.
67	67	4 (5) A statement concerning a tenant's obligations under a
68	68	5 rental agreement as provided under IC 32-31-7.
69	69	6 (6) A statement describing a landlord's obligations under a
70	70	7 rental agreement as provided under IC 32-31-8.
71	71	8 (7) A statement specifying that a landlord is prohibited from
72	72	9 engaging in retaliatory acts under IC 32-31-8.5.
73	73	10 (8) A statement concerning the rights of tenants who are
74	74	11 victims of certain crimes under IC 32-31-9.
75	75	12 (9) A statement concerning:
76	76	13 (A) residential eviction actions as described in IC 32-31-10;
77	77	14 and
78	78	15 (B) disclosure of residential eviction information under
79	79	16 IC 32-31-11.
80	80	17 (10) Information about federal, state, or local rental
81	81	18 assistance programs that provide financial assistance or
82	82	19 subsidized housing to tenants, including programs available
83	83	20 to senior citizens.
84	84	21 (11) Other information pertinent to a tenant's rights under a
85	85	22 statute listed in IC 32-31-2.9-2 or another law that confers
86	86	23 rights to a tenant.
87	87	24 (e) Before November 1, 2024, the authority shall:
88	88	25 (1) make the statement available to residential landlords
89	89	26 throughout Indiana; and
90	90	27 (2) post the statement on the authority's website.
91	91	28 SECTION 2. IC 32-31-1-19.5 IS ADDED TO THE INDIANA
92	92	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
93	93	30 [EFFECTIVE JULY 1, 2024]: Sec. 19.5. (a) This section applies to a
94	94	31 rental agreement entered into or renewed after June 30, 2024.
95	95	32 (b) Except as provided in subsection (c), the definitions in
96	96	33 IC 32-31-3 apply throughout this section.
97	97	34 (c) As used in this section, "tenant" has the meaning set forth in
98	98	35 IC 32-31-3-10, but includes only an individual who is at least sixty-
99	99	36 two (62) years of age.
100	100	37 (d) In the case of a year to year tenancy, a landlord may not
101	101	38 increase the rent payable by the tenant in an amount that exceeds
102	102	39 ten percent (10%) of the rent payable under the rental agreement
103	103	40 in effect on June 30, 2024, and for each year thereafter.
104	104	41 (e) In the case of a month to month tenancy, a landlord may not
105	105	42 increase the rent payable by the tenant for a succeeding month in
106	106	2024 IN 64—LS 6338/DI 129 3
107	107	1 an amount that exceeds:
108	108	2 (1) ten percent (10%); divided by
109	109	3 (2) twelve (12) months;
110	110	4 of the amount of rent payable under the rental agreement
111	111	5 applicable to the month to month tenancy on June 30, 2024, and for
112	112	6 each month thereafter.
113	113	7 (f) The application of subsections (d) and (e) is not affected by
114	114	8 a change in the ownership of the property if the new owner
115	115	9 continues to use the property to rent dwelling units.
116	116	10 SECTION 3. IC 32-31-8-5 IS AMENDED TO READ AS
117	117	11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. A landlord shall do
118	118	12 the following:
119	119	13 (1) Deliver the rental premises to a tenant in compliance with the
120	120	14 rental agreement, and in a safe, clean, and habitable condition.
121	121	15 (2) Comply with all health and housing codes applicable to the
122	122	16 rental premises.
123	123	17 (3) Make all reasonable efforts to keep common areas of a rental
124	124	18 premises in a clean and proper condition.
125	125	19 (4) Provide and maintain the following items in a rental premises
126	126	20 in good and safe working condition, if provided on the premises
127	127	21 at the time the rental agreement is entered into:
128	128	22 (A) Electrical systems.
129	129	23 (B) Plumbing systems sufficient to accommodate a reasonable
130	130	24 supply of hot and cold running water at all times.
131	131	25 (C) Sanitary systems.
132	132	26 (D) Heating, ventilating, and air conditioning systems. A
133	133	27 heating system must be sufficient to adequately supply heat at
134	134	28 all times.
135	135	29 (E) Elevators, if provided.
136	136	30 (F) Appliances supplied as an inducement to the rental
137	137	31 agreement.
138	138	32 (5) Comply with IC 32-31-1-19.5.
139	139	33 (6) After October 31, 2024, provide a tenant with the
140	140	34 statement prescribed by IC 5-20-1-4.3 at the time the tenant:
141	141	35 (A) enters into; or
142	142	36 (B) renews;
143	143	37 a rental agreement.
144	144	2024 IN 64—LS 6338/DI 129