Reprinted
March 29, 2011
HOUSE BILL No. 1543
_____
DIGEST OF HB 1543
(Updated March 28, 2011 5:40 pm - DI 75)
Citations Affected: IC 36-1.
Synopsis: Regulation of residential leases. Imposes certain procedural
requirements on the adoption by a political subdivision of a regulation
of landlord and tenant relations, residential leases, or inspection of real
property subject to a residential lease. Provides that such a regulation
may not impose a fee for certain inspections. Provides that such a
regulation may not authorize investigation or inspection of a rental unit
without probable cause. Provides that these requirements apply to a
regulation adopted after December 31, 2010.
Effective: January 1, 2011 (retroactive).
January 20, 2011, read first time and referred to Committee on Local Government.
February 17, 2011, amended, reported _ Do Pass.
March 28, 2011, read second time, amended, ordered engrossed.
Reprinted
March 29, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1543
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-1-20; (11)HB1543.2.1. -->
SECTION 1. IC 36-1-20 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011 (RETROACTIVE)]:
Chapter 20. Regulation of Residential Leases
Sec. 1. (a) In addition to any other procedures required by this
title, this chapter applies to the adoption of a regulation after
December 31, 2010.
(b) This chapter does not prohibit a political subdivision from
adopting a regulation after December 31, 2010, if the regulation is
not inconsistent with this chapter.
Sec. 2. The definitions in IC 32-31-3 apply throughout this
chapter.
Sec. 3. (a) As used in this chapter, "regulation" refers to a
regulation of any of the following by a political subdivision:
(1) Landlord and tenant relations.
(2) Residential leases.
(3) Inspection of real property subject to a residential lease.
(b) The term does not include an ordinance, code, or other
regulation that is applicable:
(1) uniformly to all persons; or
(2) to a class of persons or subjects that is not defined in
reference to matters described in subsection (a).
Sec. 4. (a) Before adopting a regulation, the legislative body
must hold a public hearing, the subject of which is adoption of the
regulation.
(b) In addition to the notice requirements of IC 5-3, notice of the
public hearing required by subsection (a) must be given to the
owners of rental units that will be subject to the regulation. Notice
under this subsection is sufficient if notice is given:
(1) on any web site maintained by the political subdivision;
and
(2) to all:
(A) owners of rental units that have notified the political
subdivision that they want to receive notice under this
chapter; and
(B) associations of owners of rental units that have notified
the political subdivision that they want to receive notice
under this chapter.
(c) Notice under subsection (b) must be given:
(1) on any web site maintained by the political subdivision,
beginning not later than fourteen (14) days before the date of
the public hearing and through the date of the public hearing;
and
(2) by first class mail, mailed not later than twenty (20) days
before the date of the hearing to persons described in
subsection (b)(2).
Sec. 5. A regulation may not impose a fee for any of the
following:
(1) Initial exterior inspections.
(2) Initial interior inspections:
(A) requested by an owner or a tenant; or
(B) under issuance of an inspection order.
(3) Initial annual inspections under a rental unit inspection
program.
(4) Initial follow-up inspections if all building code violations
identified to the owner by written notice or citation have been
corrected.
Sec. 6. (a) A regulation may not authorize, or be construed to
authorize, investigations or inspections of a rental unit unless there
is probable cause to believe there is or has been a violation of an
applicable regulation.
(b) A condition that:
(1) is in plain view; and
(2) appears to violate an applicable regulation;
may form the basis for probable cause under this section.