| 1 | 1 | | |
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| 2 | 2 | | Introduced Version |
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| 3 | 3 | | SENATE BILL No. 360 |
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| 4 | 4 | | _____ |
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| 5 | 5 | | DIGEST OF INTRODUCED BILL |
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| 6 | 6 | | Citations Affected: IC 32-31-8-5; IC 36-1-20-6. |
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| 7 | 7 | | Synopsis: Landlord obligation to pay fines before rental. Requires a |
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| 8 | 8 | | landlord to pay all penalties or fines imposed by a political subdivision |
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| 9 | 9 | | for violation of the landlord's obligations with regard to a rental |
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| 10 | 10 | | premises. Requires a landlord to pay all penalties or fines and make all |
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| 11 | 11 | | repairs required by a political subdivision before the landlord may |
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| 12 | 12 | | deliver the rental premises to a tenant. |
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| 13 | 13 | | Effective: July 1, 2025. |
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| 14 | 14 | | Niezgodski |
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| 15 | 15 | | January 13, 2025, read first time and referred to Committee on Local Government. |
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| 16 | 16 | | 2025 IN 360—LS 6443/DI 87 Introduced |
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| 17 | 17 | | First Regular Session of the 124th General Assembly (2025) |
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| 18 | 18 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 19 | 19 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 20 | 20 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 21 | 21 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 22 | 22 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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| 23 | 23 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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| 24 | 24 | | a new provision to the Indiana Code or the Indiana Constitution. |
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| 25 | 25 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 26 | 26 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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| 27 | 27 | | SENATE BILL No. 360 |
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| 28 | 28 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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| 29 | 29 | | property. |
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| 30 | 30 | | Be it enacted by the General Assembly of the State of Indiana: |
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| 31 | 31 | | 1 SECTION 1. IC 32-31-8-5 IS AMENDED TO READ AS |
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| 32 | 32 | | 2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. A landlord shall do |
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| 33 | 33 | | 3 the following: |
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| 34 | 34 | | 4 (1) Deliver the rental premises to a tenant in compliance with the |
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| 35 | 35 | | 5 rental agreement, and in a safe, clean, and habitable condition. |
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| 36 | 36 | | 6 (2) Comply with all health and housing codes applicable to the |
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| 37 | 37 | | 7 rental premises. |
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| 38 | 38 | | 8 (3) Make all reasonable efforts to keep common areas of a rental |
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| 39 | 39 | | 9 premises in a clean and proper condition. |
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| 40 | 40 | | 10 (4) Provide and maintain the following items in a rental premises |
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| 41 | 41 | | 11 in good and safe working condition, if provided on the premises |
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| 42 | 42 | | 12 at the time the rental agreement is entered into: |
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| 43 | 43 | | 13 (A) Electrical systems. |
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| 44 | 44 | | 14 (B) Plumbing systems sufficient to accommodate a reasonable |
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| 45 | 45 | | 15 supply of hot and cold running water at all times. |
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| 46 | 46 | | 16 (C) Sanitary systems. |
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| 47 | 47 | | 17 (D) Heating, ventilating, and air conditioning systems. A |
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| 48 | 48 | | 2025 IN 360—LS 6443/DI 87 2 |
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| 49 | 49 | | 1 heating system must be sufficient to adequately supply heat at |
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| 50 | 50 | | 2 all times. |
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| 51 | 51 | | 3 (E) Elevators, if provided. |
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| 52 | 52 | | 4 (F) Appliances supplied as an inducement to the rental |
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| 53 | 53 | | 5 agreement. |
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| 54 | 54 | | 6 (5) Pay all penalties or fines imposed by a political subdivision |
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| 55 | 55 | | 7 for violation of an obligation under this section with regard to |
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| 56 | 56 | | 8 a rental premises. A landlord may not deliver rental premises |
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| 57 | 57 | | 9 to a tenant until all penalties or fines are paid and all repairs |
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| 58 | 58 | | 10 required by the political subdivision are completed. |
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| 59 | 59 | | 11 SECTION 2. IC 36-1-20-6, AS ADDED BY P.L.193-2014, |
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| 60 | 60 | | 12 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 61 | 61 | | 13 JULY 1, 2025]: Sec. 6. (a) This chapter does not prevent a political |
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| 62 | 62 | | 14 subdivision from imposing and collecting a penalty for an act or |
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| 63 | 63 | | 15 omission that is a nuisance or violation of the political subdivision's |
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| 64 | 64 | | 16 enforceable ordinances or codes, subject to subsection (b). |
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| 65 | 65 | | 17 (b) A penalty permitted under subsection (a) may not be imposed |
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| 66 | 66 | | 18 until after: |
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| 67 | 67 | | 19 (1) reasonable notice of the nuisance or violation has been given |
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| 68 | 68 | | 20 to the owner or the owner's designee; |
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| 69 | 69 | | 21 (2) passage of a reasonable time, which must be stated in the |
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| 70 | 70 | | 22 notice, for the nuisance or violation to be cured; and |
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| 71 | 71 | | 23 (3) failure of the nuisance or violation to be cured within the time |
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| 72 | 72 | | 24 stated in the notice. |
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| 73 | 73 | | 25 (c) An owner or the owner's designee must pay all penalties |
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| 74 | 74 | | 26 assessed by the political subdivision for violation of an obligation |
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| 75 | 75 | | 27 under IC 32-31-8-5 with regard to a rental premises. All penalties |
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| 76 | 76 | | 28 must be paid and all repairs required by the political subdivision |
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| 77 | 77 | | 29 must be made before delivering the rental premises to a tenant. |
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| 78 | 78 | | 2025 IN 360—LS 6443/DI 87 |
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