Citations Affected: IC 32-31; IC 34-30.
Synopsis: Lease protections for domestic violence victims. Provides
that a tenant who is a victim or an alleged victim of a crime involving
domestic or family violence, a sex offense, or stalking may have the
locks of the tenant's dwelling unit changed at the tenant's expense.
Prohibits a landlord from taking certain actions related to such a tenant.
Provides that such a tenant is entitled to terminate the tenant's rights
and obligations under the rental agreement under certain
circumstances. Provides such a tenant and the tenant's landlord
immunity from civil liability in certain situations and for taking certain
actions.
Effective: July 1, 2007.
January 23, 2007, read first time and referred to Committee on Judiciary.
February 15, 2007, amended, reported _ Do Pass.
February 19, 2007, read second time, amended, ordered engrossed.
February 20, 2007, engrossed.
February 26, 2007, read third time, recommitted to Committee of One, amended; passed.
Yeas 97, nays 0.
February 27, 2007, re-engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
dwelling unit that is entered into or renewed after June 30, 2007.
(b) This chapter applies to a landlord or tenant only with
respect to a rental agreement for a dwelling unit that is entered
into or renewed after June 30, 2007.
(c) A waiver of 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, "applicable offense" refers to
any of the following:
(1) A crime involving domestic or family violence (as defined
in IC 35-41-1-6.5).
(2) A sex offense under IC 35-42-4.
(3) Stalking under IC 35-45-10.
Sec. 4. As used in this chapter, "applicant" means an individual
who applies to a landlord to enter into a lease of a dwelling unit.
Sec. 5. As used in this chapter, "dwelling unit" has the meaning
set forth in IC 32-31-5-3.
Sec. 6. As used in this chapter, "perpetrator" means an
individual who:
(1) has been convicted of; or
(2) for purposes of a civil protection order, has been
determined to have committed;
an applicable offense.
Sec. 7. As used in this chapter, "protected individual" means a
tenant or applicant:
(1) who is:
(A) a victim; or
(B) an alleged victim;
of an applicable offense; and
(2) who has received either of the following:
(A) A civil order for protection issued or recognized by a
court under IC 34-26-5 that restrains a perpetrator from
contact with the individual.
(B) A criminal no contact order that restrains a
perpetrator from contact with the individual.
Sec. 8. (a) A landlord may not terminate a lease, refuse to renew
a lease, refuse to enter into a lease, or retaliate against a tenant
solely because:
(1) a tenant;
(2) an applicant; or
(3) an individual who is a member of the tenant's or
applicant's household;
is a protected individual.
(b) A landlord may not refuse to enter into a lease with an
applicant or retaliate against a tenant solely because:
(1) the tenant;
(2) the applicant; or
(3) an individual who is a member of the tenant's or
applicant's household;
has terminated a rental agreement as a protected individual under
section 12 of this chapter.
Sec. 9. (a) This section applies if a perpetrator who is restrained
from contact with the tenant referred to in subsection (b) under an
order referred to in section 7(2)(A) or 7(2)(B) of this chapter is not
a tenant of the same dwelling unit as the tenant referred to in
subsection (b).
(b) A landlord shall change the locks of a tenant's dwelling unit
upon the written request of the tenant not later than forty-eight
(48) hours after the tenant gives the landlord a copy of a court
order referred to in section 7(2) of this chapter, and shall give a key
to the new locks to the tenant.
Sec. 10. (a) This section applies if the perpetrator who is
restrained from contact with the tenant referred to in subsection
(b) under an order referred to in section 7(2)(A) or 7(2)(B) of this
chapter is a tenant of the same dwelling unit as the tenant referred
to in subsection (b).
(b) A landlord shall change the locks of a tenant's dwelling unit,
upon the written request of the tenant, not later than twenty-four
(24) hours after the tenant provides the landlord with a copy of a
court order referred to in section 7(2) of this chapter restraining
the perpetrator referred to in subsection (a) from contact with the
tenant, and shall give a key to the new locks to the tenant.
(c) Unless the court order provided to the landlord under
subsection (b) allows the perpetrator to return to the dwelling unit
to retrieve the perpetrator's personal property, a landlord to whom
subsection (b) applies may not by any act provide the perpetrator
access to the dwelling unit.
(d) A landlord to whom subsection (b) applies is immune from
civil liability for:
(1) excluding the perpetrator from the dwelling unit under a
court order; or
(2) loss of use of or damage to personal property while the
personal property is present in the dwelling unit.
(e) A perpetrator who has been excluded from a dwelling unit
under this section remains liable under the lease with all other
tenants of the dwelling unit for rent or damages to the dwelling
unit as provided in the lease.
Sec. 11. (a) A tenant who provides notice or a copy of a court
order under section 9 or 10 of this chapter shall reimburse the
landlord for the actual expense incurred by the landlord in
changing the locks.
(b) If a landlord fails to change the locks within the time set
forth in section 9(b) or 10(b) of this chapter, the tenant may change
the locks without the landlord's permission, and the landlord shall
reimburse the tenant for the actual expense incurred by the tenant
in changing the locks.
(c) If a tenant changes the locks of the tenant's dwelling unit
under subsection (b), the tenant shall give a key to the new locks to
the landlord not later than twenty-four (24) hours after the locks
are changed.
Sec. 12. (a) A protected individual who is a tenant may
terminate the protected individual's rights and obligations under
a rental agreement by providing the landlord with a written notice
of termination in compliance with this section.
(b) A protected individual must give written notice of
termination under this section to the landlord at least thirty (30)
days before the termination date stated in the notice.
(c) The written notice required by this section must include:
(1) a copy of:
(A) a civil order for protection issued or recognized by a
court under IC 34-26-5 that restrains a perpetrator from
contact with the protected individual; or
(B) a criminal no contact order that restrains a perpetrator
from contact with the protected individual; and
(2) if the protected individual is a victim of domestic violence
or sexual assault, a copy of a safety plan, which must satisfy
the following:
(A) The plan must be dated not more than thirty (30) days
before the date on which the protected individual provides
the written notice to the landlord under this section.
(B) The plan must be provided by an accredited domestic
violence or sexual assault program.
(C) The plan must recommend relocation of the protected
individual.
(d) If a protected individual's rights and obligations under a
rental agreement are terminated under this section, the protected
individual is liable for the rent and other expenses due under the
rental agreement:
(1) prorated to the effective date of the termination; and
(2) payable at the time when payment of rent would have been
required under the rental agreement.
A protected individual whose rights and obligations under a rental
agreement are terminated under this section is not liable for any
other rent or fees that would be due only because of the early
termination of the protected individual's rights and obligations
under the rental agreement. If a protected individual terminates
the rental agreement at least fourteen (14) days before the
protected individual would first have the right to occupy the
dwelling unit under the lease, the individual is not subject to any
damages or penalties.
(e) Notwithstanding section 13 of this chapter, a protected
individual is entitled to deposits, returns, and other refunds as if
the tenancy terminated by expiring under the terms of the rental
agreement.
Sec. 13. Notwithstanding:
(1) the termination of a protected individual's rights and
obligations under a rental agreement under this chapter; or
(2) the exclusion of a perpetrator of an applicable offense
from a dwelling unit under this chapter;
the rights and obligations of other adult tenants of the dwelling
unit under the rental agreement continue unaffected. A landlord is
not obligated to return or account for any security deposit
associated with the rental agreement until forty-five (45) days after
the tenancy of all tenants has terminated.
Sec. 14. A perpetrator who is a tenant and who is excluded from
a dwelling unit under a court order remains liable under the lease
with other tenants of the dwelling unit for rent and for the cost of
damages to the dwelling unit.
Sec. 15. This chapter does not make a landlord or the agent of
a landlord liable for the actions of a perpetrator or a third party.