First Regular Session of the 124th General Assembly (2025) 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 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 HEA 1477 — Concur 2 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. HEA 1477 — Concur 3 (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 HEA 1477 — Concur 4 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 HEA 1477 — Concur 5 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: HEA 1477 — Concur