Indiana 2023 Regular Session

Indiana House Bill HB1541

Introduced
1/19/23  

Caption

Utility service to rental premises.

Impact

The legislative changes introduced by HB1541 are designed to offer tenants better protections against eviction tied to a landlord's negligence in utility payments. This bill aims to stabilize housing conditions for tenants by ensuring they can continue to live in their rented properties even if the landlord defaults on utility payments. The Indiana Housing and Community Development Authority is tasked with acting as an escrow agent, allowing tenants, in cases of utility delinquencies, to pay their rent directly to the authority until the situation is rectified. This is a significant change that empowers tenants and could transform landlord-tenant relationships in the state.

Summary

House Bill 1541 updates Indiana state law regarding landlords' responsibilities related to utility services for rental properties. The bill specifies that landlords must keep utility bills current for all rental premises they manage, except for utilities that tenants are responsible for under their rental agreements. If landlords fail to meet this requirement, they cannot initiate eviction proceedings against tenants until any outstanding utility bills are settled. This creates a new layer of protection for tenants, especially in cases where a landlord's failure to pay for utilities affects the tenant's living conditions.

Contention

While proponents argue that the bill is necessary to protect vulnerable tenants who could suffer from eviction due to a landlord's failure to pay utilities, some adversaries voice concerns about the implications for landlords. Critics highlight potential unintended consequences, such as landlords being more hesitant to rent to low-income tenants or the impracticalities that could arise from increased regulatory oversight in property management. The bill's requirements may create additional administrative burdens for landlords, particularly those managing multiple properties.

Enforcement

To enforce HB1541, the Indiana Housing and Community Development Authority, in partnership with the Indiana Utility Regulatory Commission, will oversee the establishment of an escrow system for tenants facing such delinquencies. Utilities will be mandated to notify tenants about their landlords' payment failures, ensuring transparency and helping tenants navigate the complex situation of paying rent when their utilities are at risk of interruption. The bill represents an important step in aligning tenant rights with housing stability.

Companion Bills

No companion bills found.

Previously Filed As

IN SB0360

Landlord obligation to pay fines before rental.

IN SB0300

Residential landlord-tenant matters.

IN HB1446

Sales tax exemption for utility service.

IN HB1322

Sales tax exemption for utility service.

IN HB1363

Elimination of sales tax on utility service.

IN HB1175

Repair of residential rental properties.

IN HB1373

Rent escrow.

IN SB0461

Short term rentals.

IN SB0040

Summer utility service assistance.

IN SB0277

Residential landlord-tenant matters.

Similar Bills

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CA AB878

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CA AB2493

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CA AB414

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CA AB12

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CA AB2801

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CA AB2785

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