Lawmakers pass 'fix' to landlord-tenant bill. Advocates say it doesn't solve all problems.

Kaitlin Lange
Indianapolis Star

A bill that lawmakers promised would fix some of the issues created when they overrode Gov. Eric Holcomb's veto on a landlord-tenant bill is on its way to his desk. 

But, advocates say it leaves unsolved some of the problems created by the legislation, which prohibits local communities from regulating certain aspects of landlord-tenant relationships. Lawmakers passed the original bill, Senate Bill 148, a year ago after Indianapolis announced a new effort to educate tenants on their rights and take retaliatory landlords to court.

Holcomb vetoed the bill, in part arguing a pandemic was the wrong time for such legislation. Lawmakers overrode his veto but in doing so promised a fix. 

That fix, House Bill 1541, would nix language generally restricting local governments from regulating any landlord-tenant relationship matter not specifically described in Indiana code. Andrew Bradley, policy director of Prosperity Indiana, said that might help a small number of communities keep ordinances in place, but not all. 

The legislation also prohibits landlords from asking tenants to sign away their rights to the anti-retaliation protections under state law, an ask from renter advocacy groups. 

"We're definitely appreciative that the General Assembly decided to fix a few of the outstanding problems with (Senate Bill) 148, and recognize that there were some issues that needed attention," Bradley said. "But there are definitely some provisions that are left currently in law that we think pose an immediate danger to Hoosier renters, especially during an ongoing pandemic."

House Bill 1541 did not alter language that tenant advocates say expands the circumstances in which landlords can take emergency possession of a property and kick a tenant out within days. 

In fact, tenants who report code violations could be kicked out with only three days of notice, advocates warn. The bill does not consider that retaliatory, under the reasoning that landlords could be trying to fix the violations.

Tenants also can be kicked out, of course, for not paying rent. 

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Plus, even if Holcomb signs House Bill 1541, local communities such as Indianapolis can no longer require landlords to provide renters with a list of their rightsor hold retaliatory landlords accountable with fines spelled out in an ordinance. 

The legislation would not reduce the impact of Senate Bill 148 on Indianapolis's programs, Caroline Ellert, a spokeswoman for Indianapolis' Office of Public Health and Safety, said. 

"HB 1541’s new provision prohibiting landlords and tenants from waiving the retaliation protections enacted as part of (Senate Bill) 148 is a positive step," Ellert said. "However, the city shares the concerns of many advocate organizations that (Senate Bill) 148’s retaliation provision does not provide tenants the level of protection that would be ideal in legislation of this type."

That fix has been winding its way through the Statehouse for months. The House unanimously voted Tuesday to concur with changes made to House Bill 1541 by the Senate, the final step needed before heading to Holcomb's desk. The legislation already had unanimously passed the Senate. 

Impact of the legislation Holcomb vetoed

Bradley said Indiana has seen higher eviction rates since lawmakers overrode Holcomb's veto of Senate Bill 148 in February but it's challenging to know whether that is directly tied to the legislation.

According to data from the Eviction Lab, the week after the bill went into effect, there were 1,289 eviction cases filed in Indiana, the second highest amount in one week since the Centers for Disease Control and Prevention eviction moratorium started in September. 

Bradley said he has not heard any stories of someone going to court because of the bill, but he has heard stories of some notices being put on tenants door's that reference the change in emergency evictions. 

A group of demonstrators gather on the steps of the Indiana State Capitol  on Monday, Feb. 8, 2021, in Indianapolis. State lawmakers are expected to vote Monday on whether to override Gov. Eric Holcomb's veto of a 2020 bill that prevented Indianapolis from regulating relationships between tenants and landlords.

Advocates for Senate Bill 148 argued it would make Indiana's laws consistent, and address both bad landlords and bad tenants. The act language prohibits against certain acts of retaliation.

"There's good and bad players on both sides," said bill author Sen. Blake Doriot, R-Goshen. "We have bad tenants, and we have bad landlords, and we've got good landlords, and we've got good tenants."

But last spring, Holcomb vetoed the bill because he said the bill's language was overly broad.

"While I understand the bill was intended to create uniformity between state and local law governing the relationship between landlords and tenants," Holcomb wrote, "I believe this is not the right time for such language to become law." 

Holcomb has not said whether he will sign House Bill 1541. A spokeswoman for his office said he was reviewing the legislation. 

Call IndyStar reporter Kaitlin Lange at 317-432-9270. Follow her on Twitter: @kaitlin_lange.