Introduced Version
SENATE BILL No. 214
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 32-30-5-1; IC 32-31.
Synopsis: Residential landlord-tenant matters. Provides that the court
may appoint a receiver upon request by a county, city, or town when
the property owner of a multifamily residential property with more than
four dwelling units has failed to pay damages, costs, or attorney's fees
that have been incurred by the multifamily residential property in a
nuisance action brought by the county, city, or town. Allows a city,
county, or town to bring a nuisance action against a tenant or other
person responsible for a nuisance. Defines "essential services" as
certain services needed for the safe and habitable occupation by a
tenant of the tenant's rental unit. Defines "essential systems" as certain
systems used to deliver essential services to a rental unit. Requires a
landlord to provide and maintain a rental premises that is free from the
following: (1) Pests, including rodents and invasive insects. (2) Mold.
(3) Rot. Sets forth a procedure for a tenant to use to initiate a request
for repairs. Requires a landlord to repair or replace an essential system
not later than 72 hours after being notified by a tenant that the tenant's
rental unit is without essential services under certain circumstances.
Provides, for purposes of the statutes regarding the rights of tenants
who are victims of certain crimes, that evidence showing a tenant
engaged in a protected activity not more than six months before the
landlord's alleged retaliatory conduct creates a rebuttable presumption
that the purpose of the landlord's conduct was retaliation. Specifies the
evidence a landlord may show to rebut the presumption.
Effective: July 1, 2025.
Qaddoura
January 8, 2025, read first time and referred to Committee on Judiciary.
2025 IN 214—LS 6787/DI 129 Introduced
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.
SENATE BILL No. 214
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 32-30-5-1, AS AMENDED BY P.L.5-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. (a) As used in this section, "utility" means a
4 utility, however organized, that:
5 (1) provides electric, gas, water, or wastewater retail utility
6 service to customers in Indiana; or
7 (2) is owned, operated, or held in trust by a consolidated city.
8 (b) A receiver may be appointed by the court in the following cases:
9 (1) In an action by a vendor to vacate a fraudulent purchase of
10 property or by a creditor to subject any property or fund to the
11 creditor's claim.
12 (2) In actions between partners or persons jointly interested in any
13 property or fund.
14 (3) In all actions when it is shown that the property, fund or rent,
15 and profits in controversy are in danger of being lost, removed, or
16 materially injured.
17 (4) In actions in which a mortgagee seeks to foreclose a mortgage.
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1 However, upon motion by the mortgagee, the court shall appoint
2 a receiver if, at the time the motion is filed, the property is not
3 occupied by the owner as the owner's principal residence and:
4 (A) it appears that the property is in danger of being lost,
5 removed, or materially injured;
6 (B) it appears that the property may not be sufficient to
7 discharge the mortgaged debt;
8 (C) either the mortgagor or the owner of the property has
9 agreed in the mortgage or in some other writing to the
10 appointment of a receiver;
11 (D) a person not personally liable for the debt secured by the
12 mortgage has, or is entitled to, possession of all or a portion of
13 the property;
14 (E) the owner of the property is not personally liable for the
15 debt secured by the mortgage; or
16 (F) all or any portion of the property is being, or is intended to
17 be, leased for any purpose.
18 (5) When a corporation, professional corporation, nonprofit
19 corporation, limited liability company, partnership, or another
20 legal entity described in IC 23:
21 (A) has been dissolved;
22 (B) is insolvent;
23 (C) is in imminent danger of insolvency; or
24 (D) has forfeited its corporate rights.
25 (6) To protect or preserve, during the time allowed for
26 redemption, any real estate or interest in real estate sold on
27 execution or order of sale, and to secure rents and profits to the
28 person entitled to the rents and profits.
29 (7) Upon request by a utility providing utility service to a
30 multifamily residential property with more than four (4) dwelling
31 units when the property owner has failed to pay:
32 (A) invoiced utility bills for a period greater than ninety (90)
33 days from the due date of the initial outstanding invoice; or
34 (B) amounts due under a curative payment plan for a period of
35 at least sixty (60) days from the initial due date prescribed
36 under the payment plan;
37 notwithstanding any other right the utility has to secure payment.
38 (8) Upon request by a county, city, or town when the property
39 owner of a multifamily residential property with more than
40 four (4) dwelling units has failed to pay:
41 (A) damages;
42 (B) costs; or
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1 (C) attorney's fees;
2 that the multifamily residential property has incurred in a
3 nuisance action brought under IC 32-30-6-7 by the county,
4 city, or town.
5 (8) (9) In other cases as may be provided by law or where, in the
6 discretion of the court, it may be necessary to secure ample justice
7 to the parties.
8 SECTION 2. IC 32-31-1-22, AS AMENDED BY P.L.86-2018,
9 SECTION 227, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The definitions in
11 IC 32-31-3 apply throughout this section.
12 (b) As used in this section, "penalty" refers to any of the following:
13 (1) The assessment of a penalty, fine, or fee.
14 (2) Actual or threatened eviction from a rental unit, or the causing
15 of an actual or threatened eviction from a rental unit.
16 (c) As used in this section, "political subdivision" has the meaning
17 set forth in IC 36-1-2-13.
18 (d) Except as provided in subsection (e), a political subdivision may
19 not adopt or enforce any ordinance, rule, or regulation that imposes a
20 penalty, or allows for the imposition of a penalty, against a tenant, an
21 owner, or a landlord for a contact made to request law enforcement
22 assistance or other emergency assistance for one (1) or more rental
23 units if:
24 (1) the contact is made by or on behalf of:
25 (A) a victim or potential victim of abuse;
26 (B) a victim or potential victim of a crime; or
27 (C) an individual in an emergency; and
28 (2) either of the following applies:
29 (A) At the time the contact is made, the person making the
30 contact reasonably believes that law enforcement assistance or
31 other emergency assistance is necessary to prevent the
32 perpetration or escalation of abuse, a crime, or an emergency.
33 (B) If abuse, a crime, or an emergency occurs, the law
34 enforcement assistance or other emergency assistance was
35 needed.
36 (e) Subject to subsections (f) and (g), this section does not prohibit
37 a political subdivision from adopting or enforcing an ordinance, a rule,
38 or a regulation that imposes a penalty for a contact that:
39 (1) is made to request law enforcement assistance or other
40 emergency assistance; and
41 (2) is not made by or on behalf of:
42 (A) a victim or potential victim of abuse;
2025 IN 214—LS 6787/DI 129 4
1 (B) a victim or potential victim of a crime; or
2 (C) an individual in an emergency.
3 (f) If:
4 (1) a political subdivision imposes a penalty under an ordinance,
5 a rule, or a regulation authorized by subsection (e); and
6 (2) the prohibited contact to request law enforcement assistance
7 or other emergency assistance is made by a tenant in a rental unit;
8 the penalty imposed must be assessed against the tenant of the rental
9 unit and not against the landlord or owner of the rental unit.
10 (g) Any penalty that is assessed under an ordinance, a rule, or a
11 regulation authorized by subsection (e) may not exceed two hundred
12 fifty dollars ($250).
13 (h) Nothing in this section shall be construed to prevent a housing
14 authority established under IC 36-7-18 from enforcing rights or
15 remedies established by contract or federal law against a landlord or
16 owner of a rental unit.
17 (i) Nothing in this section shall be construed to prevent an attorney
18 representing a city, county, or town from:
19 (1) bringing a nuisance action described under IC 32-30-6-7(b)
20 against a landlord, tenant, or owner of a rental unit, or other
21 person responsible for the nuisance; or
22 (2) recovering damages, fees, and costs that are permitted
23 under IC 32-30-6-7 and IC 32-30-6-8.
24 SECTION 3. IC 32-31-8-5 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) As used in this
26 section, "essential services" means:
27 (1) electricity;
28 (2) gas;
29 (3) heat;
30 (4) water; or
31 (5) doors and windows that lock securely;
32 needed for the safe and habitable occupation by a tenant of the
33 tenant's rental unit.
34 (b) As used in this section, "essential system" means a system,
35 or one (1) or more parts or components of a system, that is:
36 (1) used; or
37 (2) necessary;
38 for the delivery of one (1) or more essential services to a rental
39 unit.
40 (c) A landlord shall do the following:
41 (1) Deliver the rental premises to a tenant in compliance with the
42 rental agreement, and in a safe, clean, and habitable condition.
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1 (2) Comply with all health and housing codes applicable to the
2 rental premises.
3 (3) Make all reasonable efforts to keep common areas of a rental
4 premises in a clean and proper condition.
5 (4) Provide and maintain all essential systems.
6 (4) (5) Provide and maintain the following items in a rental
7 premises in good and safe working condition, if provided on the
8 premises at the time the rental agreement is entered into:
9 (A) Electrical systems.
10 (B) Plumbing systems sufficient to accommodate a reasonable
11 supply of hot and cold running water at all times.
12 (C) Sanitary systems.
13 (D) Heating, ventilating, and air conditioning systems. A
14 heating system must be sufficient to adequately supply heat at
15 all times.
16 (E) Elevators, if provided.
17 (F) Appliances supplied as an inducement to the rental
18 agreement.
19 (6) Provide and maintain a rental premises that is free from
20 the following:
21 (A) Pests, including rodents and invasive insects.
22 (B) Mold.
23 (C) Rot.
24 (d) Subsection (c)(4) does not:
25 (1) prohibit a landlord from interrupting, shutting off, or
26 terminating one (1) or more essential services to a rental unit
27 as needed:
28 (A) in an emergency;
29 (B) to make good faith repairs; or
30 (C) for construction; or
31 (2) require a landlord to pay for one (1) or more essential
32 services provided to a rental unit if the landlord has not
33 agreed to do so under the rental agreement.
34 (e) To initiate a request for a repair of an essential system, an
35 essential service, or a repair under subsection (c), a tenant shall use
36 the procedure set forth in this subsection. A tenant shall first make
37 a written or electronic repair request to a landlord. Upon receipt
38 of a tenant's repair request under this subsection, a landlord shall
39 provide a written or electronic acknowledgment of the request
40 within twenty-four (24) hours of the receipt of the request. A
41 tenant's written or electronic request for a repair and a landlord's
42 written or electronic acknowledgment of a repair request may
2025 IN 214—LS 6787/DI 129 6
1 include a text message, electronic mail, certified mail, or another
2 written communication that allows for verification of delivery.
3 (f) Subject to subsection (g), a landlord shall repair or replace
4 an essential system not later than seventy-two (72) hours after
5 being notified by a tenant under subsection (e) that the tenant's
6 rental unit is without one (1) or more essential services as a result
7 of:
8 (1) a malfunction in the essential system; or
9 (2) the landlord's failure to otherwise maintain the essential
10 system in good and safe working condition.
11 (g) The seventy-two (72) hour period set forth in subsection (f)
12 does not apply if:
13 (1) the tenant's rental unit is without one (1) or more essential
14 services because of a malfunction in an essential system, and
15 the malfunction is the direct result of the tenant's commission
16 of waste to the essential system or the rental unit; or
17 (2) the landlord makes a good faith attempt within the
18 seventy-two (72) hour period set forth in subsection (f) to
19 undertake the needed repairs to, or the replacement of, an
20 essential system through:
21 (A) the landlord's own efforts; or
22 (B) the services of:
23 (i) a contractor; or
24 (ii) an employee or agent of the landlord;
25 and the landlord or person described in clause (B) is unable to
26 begin or complete the needed repairs or replacement within
27 the seventy-two (72) hour period set forth in subsection (f).
28 (h) To demonstrate a good faith attempt to address a tenant's
29 repair request under subsection (e) or for purposes of subsection
30 (g)(2), a landlord shall provide proof of intention to repair within
31 seventy-two (72) hours of the tenant's repair request. Proof of
32 intention to repair may include a quote, confirmation of scheduled
33 maintenance from a vendor, or confirmation of scheduled
34 maintenance from the landlord if the landlord performs the repair.
35 (i) A landlord that knowingly or intentionally violates this
36 section commits a deceptive act that is subject to the remedies and
37 penalties under IC 24-5-0.5.
38 SECTION 4. IC 32-31-9-8, AS ADDED BY P.L.22-2007,
39 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 8. (a) A landlord may not terminate a lease, refuse
41 to renew a lease, refuse to enter into a lease, or retaliate against a tenant
42 solely because:
2025 IN 214—LS 6787/DI 129 7
1 (1) a tenant;
2 (2) an applicant; or
3 (3) an individual who is a member of the tenant's or applicant's
4 household;
5 is a protected individual.
6 (b) A landlord may not refuse to enter into a lease with an applicant
7 or retaliate against a tenant solely because:
8 (1) the tenant;
9 (2) the applicant; or
10 (3) an individual who is a member of the tenant's or applicant's
11 household;
12 has terminated a rental agreement as a protected individual under
13 section 12 of this chapter.
14 (c) Except as otherwise provided in subsection (b), evidence that
15 a tenant engaged in a protected activity not more than six (6)
16 months before the landlord's alleged retaliatory conduct creates a
17 rebuttable presumption that the purpose of the landlord's conduct
18 was retaliation.
19 (d) A presumption does not arise under subsection (c) if the
20 tenant engaged in a protected activity after the landlord gave the
21 tenant notice of the landlord's intent to:
22 (1) increase the rent or fees;
23 (2) decrease services, increase the tenant's obligations, impose
24 different rules on, or selectively enforce the landlord's rules
25 against the tenant or the tenant's immediate family member,
26 or otherwise materially alter the terms of the lease;
27 (3) bring an action for possession on a ground other than
28 nonpayment of rent;
29 (4) refuse to renew a tenancy for a fixed term under a lease
30 containing a renewal option that is exercisable by the tenant
31 without negotiation with the landlord, for any period after the
32 lease would otherwise terminate; or
33 (5) terminate a periodic tenancy.
34 (e) A landlord may rebut a presumption under subsection (c) by
35 a preponderance of evidence showing that the landlord:
36 (1) had sufficient justification for engaging in the conduct that
37 created the presumption; and
38 (2) would have engaged in the conduct in the same manner
39 and at the same time whether or not the tenant engaged in a
40 protected activity.
2025 IN 214—LS 6787/DI 129