Bill Text: IN HB1445 | 2013 | Regular Session | Introduced
Bill Title: Landlord registry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-23 - First reading: referred to Committee on Local Government [HB1445 Detail]
Download: Indiana-2013-HB1445-Introduced.html
Citations Affected: IC 36-1-22.
Synopsis: Landlord registry. Requires each municipality to adopt an
ordinance requiring the annual registration of owners of one or two
family residential rental property beginning April 1, 2016. Requires an
owner of such residential rental property to designate for each such
rental property a local agent who is physically located in Indiana.
Provides that the local agent is responsible for operating the rental
property in compliance with all applicable laws and ordinances,
providing access to rental premises for inspections necessary to ensure
compliance with the applicable laws and ordinances, maintaining a
current list of the names and contact numbers of the tenants of each
rental unit for which the local agent is responsible, and accepting all
legal notices or service of process with respect to the rental property.
Provides that an owner of a rental property who fails to register or
update a registration commits a Class C infraction for each month that
the owner has failed to register or update a registration. Provides that
the ordinance adopted by the municipality may provide that: (1) the
maximum judgment for violation of the ordinance is lower than the
statutorily prescribed maximum for a Class C infraction; and (2) money
collected from violations may be deposited in a fund of the
municipality specified in the ordinance.
Effective: July 1, 2013.
January 23, 2013, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Chapter 22. Municipal Registration of One and Two Family Residential Rental Property
Sec. 1. A waiver of the requirements set forth in this chapter by a landlord or current or former tenant, by contract or otherwise, is void.
Sec. 2. Except as otherwise provided in this chapter, the definitions in IC 32-31-3 apply throughout this chapter.
Sec. 3. As used in this chapter, "adopting ordinance" refers to the ordinance a municipal legislative body is required to adopt under section 7 of this chapter.
Sec. 4. As used in this chapter, "department" refers to the department designated or established under section 7 of this chapter.
Sec. 5. As used in this chapter, "director" refers to the director
of the department. The term includes any designee of the director.
Sec. 6. As used in this chapter, "rental property" refers only to
a one (1) or two (2) family residential structure that is occupied by
tenants.
Sec. 7. (a) Before January 1, 2016, a municipal legislative body
shall adopt an ordinance as provided in this section.
(b) The municipal legislative body shall adopt an ordinance
designating or establishing a municipal department to implement
this chapter. In designating or establishing the department, the
adopting ordinance:
(1) must provide for a director to be the head of the
department; and
(2) may, subject to this chapter, organize the department as
the municipal legislative body determines is best suited to the
municipality.
(c) The adopting ordinance must require the following:
(1) The registration of each rental property within the
municipality, beginning April 1, 2016.
(2) An owner of a rental property must file an amended
registration form with the department if any information
included on or with the original registration changes. An
amended registration form must be filed not later than five (5)
business days after a change described in this subdivision.
(3) If there is a transfer of property ownership of a rental
property, a new owner must file a registration not later than
ninety (90) days after an amended registration is filed under
subdivision (2).
(d) The adopting ordinance may do the following:
(1) Provide that the maximum judgment for violation of this
chapter is less than the amount provided in IC 34-28-5-4.
(2) Provide that, notwithstanding IC 34-28-5-5(c), money
collected for violations of this chapter shall be deposited in a
fund of the municipality specified in the ordinance.
(e) The adopting ordinance may, subject to this chapter, provide
for implementation of this chapter as the municipal legislative body
determines is best suited to the municipality.
Sec. 8. (a) An owner of a rental property located in a
municipality must annually register the rental property with the
municipality as provided in the adopting ordinance.
(b) A registration of rental property must include the following
information:
(1) The address of the rental property.
(2) The name, address, and telephone number of each owner
of the rental property.
(3) The name, Indiana address, and Indiana telephone
number of the local agent designated in section 9 of this
chapter.
Sec. 9. (a) The owner of a rental property must designate a
person who is physically located in Indiana to be the owner's local
agent. If an owner of the rental property is located in Indiana, that
owner may be the designated local agent.
(b) The local agent is responsible for all of the following:
(1) Operating the rental property in compliance with all
applicable laws and ordinances.
(2) Providing access to the rental property for inspections
necessary to ensure compliance with applicable laws and
ordinances.
(3) Maintaining a current list of the names and contact
numbers of the tenants of each rental unit for which the local
agent is responsible.
(4) Accepting all legal notices or service of process with
respect to the rental property.
(c) If an owner is required to do an action under this chapter,
the action is considered done if done by the local agent.
(d) All information provided on the registration form must be
accurate and complete.
Sec. 10. Registration of a rental property expires one (1) year
after the date of issuance of the registration certificate.
Sec. 11. (a) The department shall maintain all records relating
to the registration of rental properties under this chapter.
(b) If the municipality maintains an Internet web site, the
information maintained by the department must be accessible on
the municipality's Internet web site.
Sec. 12. An owner who fails to:
(1) register a rental property; or
(2) amend a registration;
as required in this chapter or in the adopting ordinance commits
a Class C infraction for each month that the owner is in violation.
