Indiana 2025 Regular Session

Indiana House Bill HB1477 Latest Draft

Bill / Enrolled Version Filed 04/17/2025

                            First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in  this  style  type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1477
AN ACT to amend the Indiana Code concerning housing.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-41-27-10, AS AMENDED BY P.L.113-2014,
SECTION 107, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 10. (a) A mobile home community
shall provide a water supply through the use of a public water system
if the water supply is reasonably available within a reasonable distance
from the mobile home community. A mobile home community is not
required to use a public water system if the water system is more than
two thousand (2,000) feet from the mobile home community. If a
public water system is not available, water shall be provided by a
system approved by the environmental commissioner under rules
adopted by the environmental rules board.
(b) For purposes of state department enforcement of subsection
(a), if the owner of a mobile home community is provided written
notice under 170 IAC 6-1-16 or IC 36-9-25-11.5 that the entire
mobile home community will be disconnected from water service,
the mobile home community is in violation of subsection (a) as of
the date on which the owner is provided the notice. However,
except as provided by 170 IAC 6-1-16(b), in addition to the notice
under 170 IAC 6-1-16 or IC 36-9-25-11.5, the owner of a mobile
home community and the state department must be provided
written notice at least thirty (30) days before the notice under 170
IAC 6-1-16 or IC 36-9-25-11.5 is sent that the water service will be
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disconnected.
SECTION 2. IC 32-30-5-1, AS AMENDED BY P.L.5-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) As used in this section, "utility" means a
utility, however organized, that:
(1) provides electric, gas, water, or wastewater retail utility
service to customers in Indiana; or
(2) is owned, operated, or held in trust by a consolidated city.
(b) A receiver may be appointed by the court in the following cases:
(1) In an action by a vendor to vacate a fraudulent purchase of
property or by a creditor to subject any property or fund to the
creditor's claim.
(2) In actions between partners or persons jointly interested in any
property or fund.
(3) In all actions when it is shown that the property, fund or rent,
and profits in controversy are in danger of being lost, removed, or
materially injured.
(4) In actions in which a mortgagee seeks to foreclose a mortgage.
However, upon motion by the mortgagee, the court shall appoint
a receiver if, at the time the motion is filed, the property is not
occupied by the owner as the owner's principal residence and:
(A) it appears that the property is in danger of being lost,
removed, or materially injured;
(B) it appears that the property may not be sufficient to
discharge the mortgaged debt;
(C) either the mortgagor or the owner of the property has
agreed in the mortgage or in some other writing to the
appointment of a receiver;
(D) a person not personally liable for the debt secured by the
mortgage has, or is entitled to, possession of all or a portion of
the property;
(E) the owner of the property is not personally liable for the
debt secured by the mortgage; or
(F) all or any portion of the property is being, or is intended to
be, leased for any purpose.
(5) When a corporation, professional corporation, nonprofit
corporation, limited liability company, partnership, or another
legal entity described in IC 23:
(A) has been dissolved;
(B) is insolvent;
(C) is in imminent danger of insolvency; or
(D) has forfeited its corporate rights.
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(6) To protect or preserve, during the time allowed for
redemption, any real estate or interest in real estate sold on
execution or order of sale, and to secure rents and profits to the
person entitled to the rents and profits.
(7) Upon request by a utility providing utility service to a mobile
home community (as defined in IC 16-41-27-5), or to a
multifamily residential property with more than four (4) dwelling
units, when the property owner has failed to pay:
(A) invoiced utility bills for a period greater than ninety (90)
days from the due date of the initial outstanding invoice; or
(B) amounts due under a curative payment plan for a period of
at least sixty (60) days from the initial due date prescribed
under the payment plan;
notwithstanding any other right the utility has to secure payment.
(8) In other cases as may be provided by law or where, in the
discretion of the court, it may be necessary to secure ample justice
to the parties.
SECTION 3. IC 36-7-4-1106, AS AMENDED BY P.L.155-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1106. (a) This section does not affect a
requirement applicable to property that is subject to the jurisdiction of
a preservation commission organized under any of the following:
(1) IC 36-7-11.
(2) IC 36-7-11.1.
(3) IC 36-7-11.2.
(4) IC 36-7-11.3.
(b) As used in this section:
(1) "Manufactured home" means a dwelling unit, designed and
built in a factory, which bears a seal certifying that it was built in
compliance with the federal Manufactured Housing Construction
and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).
(2) "Underfloor space" means that space between the bottom of
the floor joists and the earth.
(3) "Occupied space" means the total area of earth horizontally
covered by the structure, excluding accessory structures such as,
but not limited to, garages, patios and porches.
(4) "Permanent foundation system" includes a pier footing
foundation system that is specified as suitable in the
manufacturer's installation specifications for a manufactured
home.
(c) Comprehensive plans and ordinances adopted under the
provisions of this chapter may subject dwelling units and lots to
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identical standards and requirements, whether or not the dwelling unit
to be placed on a lot is a manufactured home or some other type of
dwelling unit. These standards and requirements may include but are
not limited to the following:
(1) Setback distance.
(2) Side and rear yard area.
(3) Vehicle parking space and parking enclosures.
(4) Minimum square footage of the dwelling unit.
(5) Underfloor space enclosure requirements.
(6) Aesthetics. However, aesthetic standards and requirements
pertaining to the home structure itself which are adopted under
this section may only pertain to the following:
(A) Roofing materials and siding.
(B) Roof pitch.
(C) Permanent foundation systems of manufactured homes that
are located outside of a mobile home community licensed
under IC 16-41-27. A unit may require compatibility of a
permanent foundation system with surrounding residential
structures. However, the unit may not require:
(i) a permanent foundation system that is incompatible with
the structural design of the manufactured home; or
(ii) more than one (1) permanent foundation system for a
manufactured home.
(d) METRO. Standards and requirements, specified in
comprehensive plans and ordinances, adopted under this section for
lots and dwelling units may not categorically preclude all
manufactured homes that meet the requirements described in
subsection (c) and exceed:
(1) twenty-three (23) feet in width; and
(2) nine hundred fifty (950) square feet of occupied space;
from being installed as permanent residences on any lot on which any
other type of dwelling unit may be placed.
(e) ADVISORY)AREA. This subsection applies only to lots and
dwelling units that are within a city or town's planning and zoning
jurisdiction. Standards and requirements, specified in comprehensive
plans and ordinances, adopted under this section for lots and dwelling
units may not preclude manufactured homes that meet the requirements
described in subsection (c) and exceed nine hundred fifty (950) square
feet of occupied space from being installed as permanent residences on
any lot on which any other type of dwelling unit may be placed.
(f) ADVISORY)AREA. This subsection applies only to lots and
dwelling units that are within a county's planning and zoning
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jurisdiction. Standards and requirements, specified in comprehensive
plans and ordinances, adopted under this section for lots and dwelling
units are subject to the following:
(1) Except as provided in subdivision (2), the standards and
requirements may preclude manufactured homes that meet
the requirements described in subsection (c) and exceed:
(A) twelve (12) feet in width; and
(B) five hundred (500) square feet of occupied space;
from being installed as permanent residences on any lot on
which any other type of dwelling unit may be placed.
(2) The standards and requirements may not preclude
manufactured homes that meet the requirements described in
subsection (c) and exceed:
(1) (A) twenty-three (23) feet in width; and
(2) (B) nine hundred fifty (950) square feet of occupied space;
from being installed as permanent residences on any lot on which
any other type of dwelling unit may be placed.
HEA 1477 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: 	Time: 
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