Bill Text: IN HB1214 | 2010 | Regular Session | Introduced
Bill Title: Regulation of residential landlords/tenants.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Judiciary [HB1214 Detail]
Download: Indiana-2010-HB1214-Introduced.html
Citations Affected: IC 36-1-20.
Synopsis: Regulation of residential landlords/tenants. Imposes certain
procedural requirements on the adoption by a political subdivision of
a regulation of landlord and tenant relations, residential leases, or
inspection of real property subject to a residential lease. Provides that
such a regulation may not: (1) require the licensing or registration of
owners of residential rental property; or (2) impose a fee for certain
inspections. Provides that such a regulation may not authorize
investigation or inspection of a rental unit without probable cause.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
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Chapter 20. Regulation of Residential Leases
Sec. 1. In addition to any other procedures required by this title, this chapter applies to the adoption of a regulation.
Sec. 2. The definitions in IC 32-31-3 apply throughout this chapter.
Sec. 3. (a) As used in this chapter, "regulation" refers to a regulation of any of the following by a political subdivision:
(1) Landlord and tenant relations.
(2) Residential leases.
(3) Inspection of real property subject to a residential lease.
(b) The term does not include an ordinance, code, or other regulation that is applicable:
(1) uniformly to all persons; or
(2) to a class of persons or subjects that is not defined in
reference to matters described in subsection (a).
Sec. 4. (a) This section does not apply to a regulation adopted
before July 1, 2010.
(b) Before adopting a regulation, the legislative body must hold
a public hearing, the subject of which is adoption of the regulation.
(c) In addition to the notice requirements of IC 5-3, notice of the
public hearing required by subsection (b) must be given to the
owners of rental units that will be subject to the regulation. Notice
under this subsection is sufficient if notice is given:
(1) on any web site maintained by the political subdivision;
and
(2) to all:
(A) owners of rental units that have notified the political
subdivision that they want to receive notice under this
chapter; and
(B) associations of owners of rental units that have notified
the political subdivision that they want to receive notice
under this chapter.
(d) Notice under subsection (c) must be given:
(1) on any web site maintained by the political subdivision,
beginning not later than fourteen (14) days before the date of
the public hearing and through the date of the public hearing;
and
(2) by first class mail, mailed not later than twenty (20) days
before the date of the hearing to persons described in
subsection (c)(2).
(e) A regulation adopted under this chapter must receive the
affirmative vote of three-fourths (3/4) of the members of the
legislative body.
Sec. 5. A regulation may not do any of the following:
(1) Require owners of rental units to be:
(A) licensed; or
(B) registered with the political subdivision.
(2) Impose a fee for any of the following:
(A) Initial exterior inspections.
(B) Initial interior inspections:
(i) requested by an owner or a tenant; or
(ii) under issuance of an inspection order.
(C) Initial annual inspections under a rental unit
inspection program.
(D) Initial follow-up inspections if all building code
violations identified to the owner by written notice or
citation have been corrected.
Sec. 6. (a) A regulation may not authorize, or be construed to
authorize, investigations or inspections of a rental unit unless there
is probable cause to believe there is or has been a violation of an
applicable regulation.
(b) A condition that:
(1) is in plain view; and
(2) appears to violate an applicable regulation;
may form the basis for probable cause under this section.
