Opponents say Indiana rental bill favors landlords over tenants

The proposal would prohibit local regulations on any “aspects of the landlord-tenant relationship."

Posted: Mar 10, 2020 6:12 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.”

Indiana Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 75862

Reported Deaths: 3069
CountyConfirmedDeaths
Marion16088730
Lake7688278
Elkhart492685
Allen4002163
St. Joseph357883
Hamilton2829104
Vanderburgh202213
Hendricks1927108
Cass18029
Johnson1789119
Porter135539
Clark128749
Tippecanoe123811
Madison100665
LaPorte93130
Howard91365
Kosciusko86812
Bartholomew81747
Floyd80948
Marshall79323
Monroe76631
Delaware74552
Dubois70812
Vigo69911
Noble68829
Boone68746
Hancock68339
Jackson5965
Warrick58830
Shelby56527
LaGrange56310
Grant52930
Dearborn51228
Morgan49334
Clinton4444
Henry40620
Wayne38510
White37611
Montgomery35921
Lawrence35227
Harrison34823
Decatur34132
Putnam3128
Daviess27720
Miami2772
Scott27210
Jasper2552
Greene25434
Franklin24615
DeKalb2384
Gibson2314
Jennings22712
Steuben2133
Ripley2138
Carroll1962
Fayette1947
Perry18713
Posey1790
Starke1787
Wells1742
Orange17424
Fulton1722
Wabash1703
Jefferson1672
Knox1610
Whitley1556
Tipton14312
Washington1421
Sullivan1381
Spencer1373
Clay1245
Huntington1243
Randolph1244
Newton12010
Adams1092
Owen991
Jay920
Rush854
Pulaski811
Fountain742
Brown741
Blackford652
Ohio656
Benton640
Pike590
Vermillion580
Switzerland530
Parke511
Martin480
Crawford450
Union410
Warren241
Unassigned0206

Ohio Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 102826

Reported Deaths: 3708
CountyConfirmedDeaths
Franklin18697529
Cuyahoga13734505
Hamilton9766257
Lucas5448326
Montgomery443896
Summit3614223
Butler297663
Marion293545
Mahoning2595255
Pickaway239142
Stark1884140
Warren182139
Lorain181377
Columbiana167160
Trumbull1549108
Fairfield141632
Delaware134419
Licking131951
Clark117815
Lake113141
Wood106858
Clermont95311
Medina94535
Miami85839
Tuscarawas79314
Portage77163
Allen76946
Greene71812
Mercer63113
Belmont62326
Richland61412
Erie59728
Ashtabula57646
Geauga55944
Wayne54558
Ross4944
Darke40629
Huron4045
Madison40110
Ottawa39626
Sandusky39017
Hancock3893
Athens3602
Holmes3286
Lawrence3000
Auglaize2636
Union2601
Muskingum2431
Scioto2421
Jefferson2373
Seneca2283
Knox2127
Putnam21117
Shelby2104
Washington20922
Preble2072
Coshocton1967
Champaign1812
Morrow1762
Crawford1755
Hardin17012
Clinton1696
Highland1661
Logan1602
Ashland1543
Fulton1531
Wyandot1509
Defiance1504
Brown1462
Perry1403
Williams1363
Henry1222
Fayette1210
Guernsey1197
Hocking1189
Carroll1135
Monroe9418
Pike790
Jackson760
Van Wert732
Paulding700
Gallia701
Adams612
Meigs540
Vinton322
Morgan300
Harrison261
Noble160
Unassigned00
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