SB 492-4_ Filed 04/14/2009, 07:42 Bardon


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 492 be amended to read as follows:

SOURCE: Page 17, line 35; (09)MO049207.17. -->     Page 17, after line 35, begin a new paragraph and insert:
SOURCE: IC 32-31-8-8; (09)MO049207.2. -->     "SECTION 2. IC 32-31-8-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) This section applies to real property that contains one (1) or more residential rental units and that is the subject of a judgment of foreclosure rendered under IC 32-30-10.
    (b) This section does not apply:
        (1) for an emergency possessory order issued under IC 32-31-6; or
        (2) when a tenant has failed to pay rent or comply with other obligations of the rental contract or agreement.
    (c) For one (1) year after the date on which a judgment of foreclosure is rendered under IC 32-30-10, a tenant may not be evicted from the tenant's rental unit unless:
        (1) the landlord or owner sends the tenant a notice of eviction at least sixty (60) days before the date of eviction;
        (2) if notice of the pendency of the foreclosure action was given to the tenant more than sixty (60) days before an order from a court to evict a tenant is sought, the landlord or owner sends the tenant a notice of eviction at least thirty (30) days before the date of eviction; or

        (3) the rental agreement has expired.
     (d) In seeking an order from a court to evict a tenant of a property described in subsection (a), a landlord or owner must

provide a copy of the notice described in subsection (c).".
    (Reference is to ESB 492 as printed April 10, 2009.)

________________________________________

Representative Bardon


MO049207/DI 107     2009