Bill Text: IN HB1313 | 2013 | Regular Session | Introduced
Bill Title: Regulation of residential landlords, builders, and remodelers.
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-05-13 - Public Law 149 [HB1313 Detail]
Download: Indiana-2013-HB1313-Introduced.html
Citations Affected: IC 36-1.
Synopsis: Regulation of residential leases. Provides that a political
subdivision may not adopt or enforce a regulation that: (1) requires an
owner or landlord to be licensed or to obtain a permit from the political
subdivision to lease a rental unit; (2) requires an owner or landlord to
enroll or participate in a class or government program as a condition
for leasing a rental unit; or (3) imposes a fee or other assessment for
any purpose other than fees relating to the construction of a rental unit.
Provides that a political subdivision may impose a penalty for an act or
omission that is a nuisance or a violation of the political subdivision's
enforceable ordinances or codes, subject to certain conditions. Repeals
a related statute relating to regulation of residential leases by political
subdivisions.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Local Government.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Chapter 22. Regulation of Residential Leases
Sec. 1. The definitions in IC 32-31-3 apply throughout this chapter.
Sec. 2. As used in this chapter, "regulation" refers to an ordinance, rule, or other enactment by a political subdivision relating to any of the following:
(1) Landlord and tenant relations.
(2) Rental agreements.
(3) Real property subject to a rental agreement.
Sec. 3. A regulation that does any of the following may not be adopted or enforced:
(1) Requires an owner or landlord to be licensed or to obtain
a permit from the political subdivision to lease a rental unit.
(2) Requires an owner or landlord to enroll or participate in
a class or government program as a condition for leasing a
rental unit.
(3) Imposes a fee or other assessment for any of the following:
(A) Inspection of a rental unit.
(B) Registration of an owner, landlord, or rental unit.
(C) For any other purpose. However, this clause does not
prohibit imposition of a fee relating to the construction of
a rental unit, such as a building permit fee.
Sec. 4. (a) This chapter does not prevent a political subdivision
from imposing and collecting a penalty for an act or omission that
is a nuisance or violation of the political subdivision's enforceable
ordinances or codes, subject to subsection (b).
(b) A penalty permitted under subsection (a) may not be
imposed until after:
(1) reasonable notice has been given to the owner or the
owner's designee of the nuisance or violation;
(2) passage of a reasonable time, which must be stated in the
notice, for the nuisance or violation to be cured; and
(3) failure of the nuisance or violation to be cured within the
time stated in the notice.
