Indiana 2025 Regular Session

Indiana Senate Bill SB0214 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. 214
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 32-30-5-1; IC 32-31.
7	7	Synopsis: Residential landlord-tenant matters. Provides that the court
8	8	may appoint a receiver upon request by a county, city, or town when
9	9	the property owner of a multifamily residential property with more than
10	10	four dwelling units has failed to pay damages, costs, or attorney's fees
11	11	that have been incurred by the multifamily residential property in a
12	12	nuisance action brought by the county, city, or town. Allows a city,
13	13	county, or town to bring a nuisance action against a tenant or other
14	14	person responsible for a nuisance. Defines "essential services" as
15	15	certain services needed for the safe and habitable occupation by a
16	16	tenant of the tenant's rental unit. Defines "essential systems" as certain
17	17	systems used to deliver essential services to a rental unit. Requires a
18	18	landlord to provide and maintain a rental premises that is free from the
19	19	following: (1) Pests, including rodents and invasive insects. (2) Mold.
20	20	(3) Rot. Sets forth a procedure for a tenant to use to initiate a request
21	21	for repairs. Requires a landlord to repair or replace an essential system
22	22	not later than 72 hours after being notified by a tenant that the tenant's
23	23	rental unit is without essential services under certain circumstances.
24	24	Provides, for purposes of the statutes regarding the rights of tenants
25	25	who are victims of certain crimes, that evidence showing a tenant
26	26	engaged in a protected activity not more than six months before the
27	27	landlord's alleged retaliatory conduct creates a rebuttable presumption
28	28	that the purpose of the landlord's conduct was retaliation. Specifies the
29	29	evidence a landlord may show to rebut the presumption.
30	30	Effective: July 1, 2025.
31	31	Qaddoura
32	32	January 8, 2025, read first time and referred to Committee on Judiciary.
33	33	2025 IN 214—LS 6787/DI 129 Introduced
34	34	First Regular Session of the 124th General Assembly (2025)
35	35	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
36	36	Constitution) is being amended, the text of the existing provision will appear in this style type,
37	37	additions will appear in this style type, and deletions will appear in this style type.
38	38	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
39	39	provision adopted), the text of the new provision will appear in this style type. Also, the
40	40	word NEW will appear in that style type in the introductory clause of each SECTION that adds
41	41	a new provision to the Indiana Code or the Indiana Constitution.
42	42	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
43	43	between statutes enacted by the 2024 Regular Session of the General Assembly.
44	44	SENATE BILL No. 214
45	45	A BILL FOR AN ACT to amend the Indiana Code concerning
46	46	property.
47	47	Be it enacted by the General Assembly of the State of Indiana:
48	48	1 SECTION 1. IC 32-30-5-1, AS AMENDED BY P.L.5-2023,
49	49	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
50	50	3 JULY 1, 2025]: Sec. 1. (a) As used in this section, "utility" means a
51	51	4 utility, however organized, that:
52	52	5 (1) provides electric, gas, water, or wastewater retail utility
53	53	6 service to customers in Indiana; or
54	54	7 (2) is owned, operated, or held in trust by a consolidated city.
55	55	8 (b) A receiver may be appointed by the court in the following cases:
56	56	9 (1) In an action by a vendor to vacate a fraudulent purchase of
57	57	10 property or by a creditor to subject any property or fund to the
58	58	11 creditor's claim.
59	59	12 (2) In actions between partners or persons jointly interested in any
60	60	13 property or fund.
61	61	14 (3) In all actions when it is shown that the property, fund or rent,
62	62	15 and profits in controversy are in danger of being lost, removed, or
63	63	16 materially injured.
64	64	17 (4) In actions in which a mortgagee seeks to foreclose a mortgage.
65	65	2025 IN 214—LS 6787/DI 129 2
66	66	1 However, upon motion by the mortgagee, the court shall appoint
67	67	2 a receiver if, at the time the motion is filed, the property is not
68	68	3 occupied by the owner as the owner's principal residence and:
69	69	4 (A) it appears that the property is in danger of being lost,
70	70	5 removed, or materially injured;
71	71	6 (B) it appears that the property may not be sufficient to
72	72	7 discharge the mortgaged debt;
73	73	8 (C) either the mortgagor or the owner of the property has
74	74	9 agreed in the mortgage or in some other writing to the
75	75	10 appointment of a receiver;
76	76	11 (D) a person not personally liable for the debt secured by the
77	77	12 mortgage has, or is entitled to, possession of all or a portion of
78	78	13 the property;
79	79	14 (E) the owner of the property is not personally liable for the
80	80	15 debt secured by the mortgage; or
81	81	16 (F) all or any portion of the property is being, or is intended to
82	82	17 be, leased for any purpose.
83	83	18 (5) When a corporation, professional corporation, nonprofit
84	84	19 corporation, limited liability company, partnership, or another
85	85	20 legal entity described in IC 23:
86	86	21 (A) has been dissolved;
87	87	22 (B) is insolvent;
88	88	23 (C) is in imminent danger of insolvency; or
89	89	24 (D) has forfeited its corporate rights.
90	90	25 (6) To protect or preserve, during the time allowed for
91	91	26 redemption, any real estate or interest in real estate sold on
92	92	27 execution or order of sale, and to secure rents and profits to the
93	93	28 person entitled to the rents and profits.
94	94	29 (7) Upon request by a utility providing utility service to a
95	95	30 multifamily residential property with more than four (4) dwelling
96	96	31 units when the property owner has failed to pay:
97	97	32 (A) invoiced utility bills for a period greater than ninety (90)
98	98	33 days from the due date of the initial outstanding invoice; or
99	99	34 (B) amounts due under a curative payment plan for a period of
100	100	35 at least sixty (60) days from the initial due date prescribed
101	101	36 under the payment plan;
102	102	37 notwithstanding any other right the utility has to secure payment.
103	103	38 (8) Upon request by a county, city, or town when the property
104	104	39 owner of a multifamily residential property with more than
105	105	40 four (4) dwelling units has failed to pay:
106	106	41 (A) damages;
107	107	42 (B) costs; or
108	108	2025 IN 214—LS 6787/DI 129 3
109	109	1 (C) attorney's fees;
110	110	2 that the multifamily residential property has incurred in a
111	111	3 nuisance action brought under IC 32-30-6-7 by the county,
112	112	4 city, or town.
113	113	5 (8) (9) In other cases as may be provided by law or where, in the
114	114	6 discretion of the court, it may be necessary to secure ample justice
115	115	7 to the parties.
116	116	8 SECTION 2. IC 32-31-1-22, AS AMENDED BY P.L.86-2018,
117	117	9 SECTION 227, IS AMENDED TO READ AS FOLLOWS
118	118	10 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The definitions in
119	119	11 IC 32-31-3 apply throughout this section.
120	120	12 (b) As used in this section, "penalty" refers to any of the following:
121	121	13 (1) The assessment of a penalty, fine, or fee.
122	122	14 (2) Actual or threatened eviction from a rental unit, or the causing
123	123	15 of an actual or threatened eviction from a rental unit.
124	124	16 (c) As used in this section, "political subdivision" has the meaning
125	125	17 set forth in IC 36-1-2-13.
126	126	18 (d) Except as provided in subsection (e), a political subdivision may
127	127	19 not adopt or enforce any ordinance, rule, or regulation that imposes a
128	128	20 penalty, or allows for the imposition of a penalty, against a tenant, an
129	129	21 owner, or a landlord for a contact made to request law enforcement
130	130	22 assistance or other emergency assistance for one (1) or more rental
131	131	23 units if:
132	132	24 (1) the contact is made by or on behalf of:
133	133	25 (A) a victim or potential victim of abuse;
134	134	26 (B) a victim or potential victim of a crime; or
135	135	27 (C) an individual in an emergency; and
136	136	28 (2) either of the following applies:
137	137	29 (A) At the time the contact is made, the person making the
138	138	30 contact reasonably believes that law enforcement assistance or
139	139	31 other emergency assistance is necessary to prevent the
140	140	32 perpetration or escalation of abuse, a crime, or an emergency.
141	141	33 (B) If abuse, a crime, or an emergency occurs, the law
142	142	34 enforcement assistance or other emergency assistance was
143	143	35 needed.
144	144	36 (e) Subject to subsections (f) and (g), this section does not prohibit
145	145	37 a political subdivision from adopting or enforcing an ordinance, a rule,
146	146	38 or a regulation that imposes a penalty for a contact that:
147	147	39 (1) is made to request law enforcement assistance or other
148	148	40 emergency assistance; and
149	149	41 (2) is not made by or on behalf of:
150	150	42 (A) a victim or potential victim of abuse;
151	151	2025 IN 214—LS 6787/DI 129 4
152	152	1 (B) a victim or potential victim of a crime; or
153	153	2 (C) an individual in an emergency.
154	154	3 (f) If:
155	155	4 (1) a political subdivision imposes a penalty under an ordinance,
156	156	5 a rule, or a regulation authorized by subsection (e); and
157	157	6 (2) the prohibited contact to request law enforcement assistance
158	158	7 or other emergency assistance is made by a tenant in a rental unit;
159	159	8 the penalty imposed must be assessed against the tenant of the rental
160	160	9 unit and not against the landlord or owner of the rental unit.
161	161	10 (g) Any penalty that is assessed under an ordinance, a rule, or a
162	162	11 regulation authorized by subsection (e) may not exceed two hundred
163	163	12 fifty dollars ($250).
164	164	13 (h) Nothing in this section shall be construed to prevent a housing
165	165	14 authority established under IC 36-7-18 from enforcing rights or
166	166	15 remedies established by contract or federal law against a landlord or
167	167	16 owner of a rental unit.
168	168	17 (i) Nothing in this section shall be construed to prevent an attorney
169	169	18 representing a city, county, or town from:
170	170	19 (1) bringing a nuisance action described under IC 32-30-6-7(b)
171	171	20 against a landlord, tenant, or owner of a rental unit, or other
172	172	21 person responsible for the nuisance; or
173	173	22 (2) recovering damages, fees, and costs that are permitted
174	174	23 under IC 32-30-6-7 and IC 32-30-6-8.
175	175	24 SECTION 3. IC 32-31-8-5 IS AMENDED TO READ AS
176	176	25 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) As used in this
177	177	26 section, "essential services" means:
178	178	27 (1) electricity;
179	179	28 (2) gas;
180	180	29 (3) heat;
181	181	30 (4) water; or
182	182	31 (5) doors and windows that lock securely;
183	183	32 needed for the safe and habitable occupation by a tenant of the
184	184	33 tenant's rental unit.
185	185	34 (b) As used in this section, "essential system" means a system,
186	186	35 or one (1) or more parts or components of a system, that is:
187	187	36 (1) used; or
188	188	37 (2) necessary;
189	189	38 for the delivery of one (1) or more essential services to a rental
190	190	39 unit.
191	191	40 (c) A landlord shall do the following:
192	192	41 (1) Deliver the rental premises to a tenant in compliance with the
193	193	42 rental agreement, and in a safe, clean, and habitable condition.
194	194	2025 IN 214—LS 6787/DI 129 5
195	195	1 (2) Comply with all health and housing codes applicable to the
196	196	2 rental premises.
197	197	3 (3) Make all reasonable efforts to keep common areas of a rental
198	198	4 premises in a clean and proper condition.
199	199	5 (4) Provide and maintain all essential systems.
200	200	6 (4) (5) Provide and maintain the following items in a rental
201	201	7 premises in good and safe working condition, if provided on the
202	202	8 premises at the time the rental agreement is entered into:
203	203	9 (A) Electrical systems.
204	204	10 (B) Plumbing systems sufficient to accommodate a reasonable
205	205	11 supply of hot and cold running water at all times.
206	206	12 (C) Sanitary systems.
207	207	13 (D) Heating, ventilating, and air conditioning systems. A
208	208	14 heating system must be sufficient to adequately supply heat at
209	209	15 all times.
210	210	16 (E) Elevators, if provided.
211	211	17 (F) Appliances supplied as an inducement to the rental
212	212	18 agreement.
213	213	19 (6) Provide and maintain a rental premises that is free from
214	214	20 the following:
215	215	21 (A) Pests, including rodents and invasive insects.
216	216	22 (B) Mold.
217	217	23 (C) Rot.
218	218	24 (d) Subsection (c)(4) does not:
219	219	25 (1) prohibit a landlord from interrupting, shutting off, or
220	220	26 terminating one (1) or more essential services to a rental unit
221	221	27 as needed:
222	222	28 (A) in an emergency;
223	223	29 (B) to make good faith repairs; or
224	224	30 (C) for construction; or
225	225	31 (2) require a landlord to pay for one (1) or more essential
226	226	32 services provided to a rental unit if the landlord has not
227	227	33 agreed to do so under the rental agreement.
228	228	34 (e) To initiate a request for a repair of an essential system, an
229	229	35 essential service, or a repair under subsection (c), a tenant shall use
230	230	36 the procedure set forth in this subsection. A tenant shall first make
231	231	37 a written or electronic repair request to a landlord. Upon receipt
232	232	38 of a tenant's repair request under this subsection, a landlord shall
233	233	39 provide a written or electronic acknowledgment of the request
234	234	40 within twenty-four (24) hours of the receipt of the request. A
235	235	41 tenant's written or electronic request for a repair and a landlord's
236	236	42 written or electronic acknowledgment of a repair request may
237	237	2025 IN 214—LS 6787/DI 129 6
238	238	1 include a text message, electronic mail, certified mail, or another
239	239	2 written communication that allows for verification of delivery.
240	240	3 (f) Subject to subsection (g), a landlord shall repair or replace
241	241	4 an essential system not later than seventy-two (72) hours after
242	242	5 being notified by a tenant under subsection (e) that the tenant's
243	243	6 rental unit is without one (1) or more essential services as a result
244	244	7 of:
245	245	8 (1) a malfunction in the essential system; or
246	246	9 (2) the landlord's failure to otherwise maintain the essential
247	247	10 system in good and safe working condition.
248	248	11 (g) The seventy-two (72) hour period set forth in subsection (f)
249	249	12 does not apply if:
250	250	13 (1) the tenant's rental unit is without one (1) or more essential
251	251	14 services because of a malfunction in an essential system, and
252	252	15 the malfunction is the direct result of the tenant's commission
253	253	16 of waste to the essential system or the rental unit; or
254	254	17 (2) the landlord makes a good faith attempt within the
255	255	18 seventy-two (72) hour period set forth in subsection (f) to
256	256	19 undertake the needed repairs to, or the replacement of, an
257	257	20 essential system through:
258	258	21 (A) the landlord's own efforts; or
259	259	22 (B) the services of:
260	260	23 (i) a contractor; or
261	261	24 (ii) an employee or agent of the landlord;
262	262	25 and the landlord or person described in clause (B) is unable to
263	263	26 begin or complete the needed repairs or replacement within
264	264	27 the seventy-two (72) hour period set forth in subsection (f).
265	265	28 (h) To demonstrate a good faith attempt to address a tenant's
266	266	29 repair request under subsection (e) or for purposes of subsection
267	267	30 (g)(2), a landlord shall provide proof of intention to repair within
268	268	31 seventy-two (72) hours of the tenant's repair request. Proof of
269	269	32 intention to repair may include a quote, confirmation of scheduled
270	270	33 maintenance from a vendor, or confirmation of scheduled
271	271	34 maintenance from the landlord if the landlord performs the repair.
272	272	35 (i) A landlord that knowingly or intentionally violates this
273	273	36 section commits a deceptive act that is subject to the remedies and
274	274	37 penalties under IC 24-5-0.5.
275	275	38 SECTION 4. IC 32-31-9-8, AS ADDED BY P.L.22-2007,
276	276	39 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
277	277	40 JULY 1, 2025]: Sec. 8. (a) A landlord may not terminate a lease, refuse
278	278	41 to renew a lease, refuse to enter into a lease, or retaliate against a tenant
279	279	42 solely because:
280	280	2025 IN 214—LS 6787/DI 129 7
281	281	1 (1) a tenant;
282	282	2 (2) an applicant; or
283	283	3 (3) an individual who is a member of the tenant's or applicant's
284	284	4 household;
285	285	5 is a protected individual.
286	286	6 (b) A landlord may not refuse to enter into a lease with an applicant
287	287	7 or retaliate against a tenant solely because:
288	288	8 (1) the tenant;
289	289	9 (2) the applicant; or
290	290	10 (3) an individual who is a member of the tenant's or applicant's
291	291	11 household;
292	292	12 has terminated a rental agreement as a protected individual under
293	293	13 section 12 of this chapter.
294	294	14 (c) Except as otherwise provided in subsection (b), evidence that
295	295	15 a tenant engaged in a protected activity not more than six (6)
296	296	16 months before the landlord's alleged retaliatory conduct creates a
297	297	17 rebuttable presumption that the purpose of the landlord's conduct
298	298	18 was retaliation.
299	299	19 (d) A presumption does not arise under subsection (c) if the
300	300	20 tenant engaged in a protected activity after the landlord gave the
301	301	21 tenant notice of the landlord's intent to:
302	302	22 (1) increase the rent or fees;
303	303	23 (2) decrease services, increase the tenant's obligations, impose
304	304	24 different rules on, or selectively enforce the landlord's rules
305	305	25 against the tenant or the tenant's immediate family member,
306	306	26 or otherwise materially alter the terms of the lease;
307	307	27 (3) bring an action for possession on a ground other than
308	308	28 nonpayment of rent;
309	309	29 (4) refuse to renew a tenancy for a fixed term under a lease
310	310	30 containing a renewal option that is exercisable by the tenant
311	311	31 without negotiation with the landlord, for any period after the
312	312	32 lease would otherwise terminate; or
313	313	33 (5) terminate a periodic tenancy.
314	314	34 (e) A landlord may rebut a presumption under subsection (c) by
315	315	35 a preponderance of evidence showing that the landlord:
316	316	36 (1) had sufficient justification for engaging in the conduct that
317	317	37 created the presumption; and
318	318	38 (2) would have engaged in the conduct in the same manner
319	319	39 and at the same time whether or not the tenant engaged in a
320	320	40 protected activity.
321	321	2025 IN 214—LS 6787/DI 129