Advocates say Indiana regulation limits threaten renters

Opponents are warning that a Republican push to block Indiana cities from regulating rental properties threatens existing local protections for tenants and would tilt state law heavily in favor of landlords.

Posted: Mar 11, 2020 12:00 PM

INDIANAPOLIS (AP) — Opponents are warning that a Republican push to block Indiana cities from regulating rental properties threatens existing local protections for tenants and would tilt state law heavily in favor of landlords.

The proposal remained under negotiations Tuesday by House and Senate members ahead of Wednesday’s expected adjournment of this year’s legislative session.

The possible restrictions emerged two weeks ago as Republicans took up the limits backed by the Indiana Apartment Association as the Democratic-controlled Indianapolis City-County Council approved an ordinance that included allowing fines for landlords who retaliate against renters over living condition complaints. It also required landlords to give tenants information on their legal rights and responsibilities.

GOP leaders and the apartment association argued that tenant-landlord regulations should be uniform statewide, but tenant advocates maintain the proposal would be unfair to the some 2 million Indiana residents living in rental housing.

“It is a form of second-class citizenship that shouldn’t be acceptable,” said Mark Russell, director of education and family services for the Indianapolis Urban League. “This retaliation hurts citizens who are the most vulnerable. It occurs regularly, and it occurs without regulation.”

The proposal, approved mostly along party lines in the House last week, would prohibit local regulations on any “aspects of the landlord-tenant relationship,” including the screening process for renters or requiring notification of tenants’ rights. That version also would limit tenants to receiving one month’s rent if a court finds that person was a victim of landlord retaliation, while landlords could be awarded attorney fees and damages if they win in court.

Republican negotiators said they were working on revisions to better equalize how renters could be treated in court.

“We felt like the balance was swung too far the wrong direction in the actions here in Marion County,” said GOP House Speaker Todd Huston, who assumed the top House position on Monday. “We want to find the right balance for statewide action. At the end of the day, we want people to make investments that have quality housing available.”

Opponents say they’re worried the proposal would negate current local regulations, such as those on apartments in college towns, including Bloomington and West Lafayette. They also raise concerns about whether the proposal’s impact on local anti-discrimination ordinances in cities such as Indianapolis, Columbus and South Bend that go further than state law and include protections based on sexual orientation.

Jessica Love, executive director of community advocacy group Prosperity Indiana, said the group and others believe cities and counties should have the authority to regulate rental properties based on the needs of their communities.

Democratic Rep. Robin Shackleford of Indianapolis said Republicans haven’t been able to say how many local ordinances would be voided if the proposal prohibiting such regulation is approved.

“The phrasing says ‘all other,’” Shackleford said. "'All other’ includes basically everything. The language is too broad and will have a detrimental effect on everything the cities have pre-existing.”

West Lafayette
Overcast
58° wxIcon
Hi: 66° Lo: 44°
Feels Like: 58°
Kokomo
Overcast
54° wxIcon
Hi: 62° Lo: 43°
Feels Like: 54°
Rensselaer
Overcast
55° wxIcon
Hi: 62° Lo: 42°
Feels Like: 55°
Fowler
Overcast
55° wxIcon
Hi: 62° Lo: 42°
Feels Like: 55°
Williamsport
Overcast
60° wxIcon
Hi: 65° Lo: 43°
Feels Like: 60°
Crawfordsville
Overcast
53° wxIcon
Hi: 66° Lo: 44°
Feels Like: 53°
Frankfort
Overcast
57° wxIcon
Hi: 64° Lo: 42°
Feels Like: 57°
Delphi
Overcast
55° wxIcon
Hi: 64° Lo: 43°
Feels Like: 55°
Monticello
Overcast
55° wxIcon
Hi: 62° Lo: 43°
Feels Like: 55°
Logansport
Overcast
54° wxIcon
Hi: 62° Lo: 41°
Feels Like: 54°
Much Needed Rain and Cooler Temperatures.
WLFI Radar
WLFI Temps
WLFI Planner

Indiana Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 117450

Reported Deaths: 3580
CountyConfirmedDeaths
Marion21403766
Lake10618323
Elkhart6667111
St. Joseph6576110
Allen6292203
Hamilton4909109
Vanderburgh371931
Hendricks2747123
Monroe262736
Tippecanoe252313
Johnson2338124
Clark223657
Porter217647
Delaware198562
Cass19549
Vigo184327
Madison168975
LaPorte147441
Floyd138963
Warrick134440
Howard131863
Kosciusko124817
Bartholomew117957
Marshall101224
Dubois99119
Boone98646
Grant93334
Hancock93243
Noble92532
Henry80926
Jackson7689
Wayne76814
Morgan72938
Daviess67728
Shelby67729
Dearborn66528
LaGrange63911
Clinton60914
Harrison58724
Putnam58112
Gibson5305
Knox5259
Lawrence51529
Montgomery51121
DeKalb48711
White48614
Decatur45839
Miami4383
Greene42735
Fayette42313
Jasper3992
Steuben3877
Scott38111
Posey3400
Sullivan33812
Jennings31612
Franklin31125
Ripley3038
Clay3025
Orange28824
Whitley2796
Carroll27713
Adams2743
Wabash2718
Washington2691
Starke2677
Wells2654
Spencer2593
Jefferson2483
Huntington2453
Fulton2412
Tipton22822
Perry22113
Randolph2207
Jay1880
Newton17311
Owen1711
Martin1680
Pike1621
Rush1574
Vermillion1300
Fountain1282
Blackford1203
Pulaski1131
Crawford1080
Brown1043
Parke1032
Benton870
Ohio797
Union790
Switzerland690
Warren401
Unassigned0226

COVID-19 Important links and resources

As the spread of COVID-19, or as it's more commonly known as the coronavirus continues, this page will serve as your one-stop for the resources you need to stay informed and to keep you and your family safe. CLICK HERE

Closings related to the prevention of the COVID-19 can be found on our Closings page.

Community Events