FHCCI List of Passed Indiana Legislation Which Are Barriers to
Affirmatively Furthering Fair Housing
- SB 558 (2017): Bans cities from passing ordinances to promote inclusionary zoning as it relates to affordable housing and adds language for landlord’s use regarding occupancy limitations in rental housing. (HOLDMAN) Provides that a county or municipality may not adopt or enforce any land use or planning ordinance or regulation that has the effect of: (1) controlling rental or purchase price; or (2) requiring real property to be reserved for lease or sale to certain owners. Provides that a county or municipality may not require the owner of privately owned real property to agree to: (1) any requirement that would have the effect of controlling rental or purchase price; or (2) the payment of a fee, in lieu of a requirement that would have the effect of controlling rental or purchase price, as a prerequisite to consideration or approval of: (A) certain permits; or (B) any primary, secondary, or revised plats. Provides that a county or municipality retains the right to: (1) manage and control the development of a commercial or residential property in which the county or municipality has an ownership interest; and (2) enact, enforce, or maintain any general land use or zoning regulation that does not have the effect of: (A) controlling rental or purchase price; or (B) requiring real property to be reserved for sale or lease to certain owners. Allows an owner of privately owned real property to voluntarily enter into an agreement with a county or municipality that: (1) controls rental or purchase price; or (2) requires real property to be reserved for sale or lease to certain owners; in exchange for incentives or grants. Also includes language as it relates to nuisance ordinances.
- Senate Civil Law Committee: To watch the committee hearing, click here and choose January 30 – then scroll to 27:00 mark on the video for the start of the hearing
- Senate Floor Debate and Vote: To watch the Senate floor discussion and vote, click here and choose Thursday, February 16 – then scroll to the 1:07:16 mark for the start of the debate
- House Judiciary Committee: To watch the committee hearing, click here and choose April 3 – then scroll to 1:08:55 mark for the start of the hearing
- House Floor Debate and Vote: To watch the House floor discussion and vote, click here and choose April 6 (part 2) – then scroll to the 26:44 mark for the start of the debate
- HB 1300 (2015): Section 8 discrimination protection ban. (MCMILLIN) Prohibits a county, municipality, or township from adopting an ordinance that requires or would have the effect of requiring a landlord to participate in: (1) a Section 8 program of the federal Housing Act of 1937; or (2) a similar program concerning housing. Also includes non-fair housing issues.
- House Veterans Affairs and Public Safety Committee: To watch the committee hearing, click here and choose February 3 – then scroll to 1:35 mark on the video for the start of the hearing
- House Floor Debate and Vote: To watch the House floor discussion and vote, click here and choose February 12 (part 1) – then scroll to the 08:20 mark for the start of the debate
- Senate Local Government Committee: To watch the committee hearing, click here and choose March 25 – then scroll to 4:52 mark on the video for the start of the hearing
- Senate Floor Debate and Vote: To watch the Senate floor discussion and vote, click here and choose April 9 – then scroll to the 47:00 mark for the start of the debate.
- SB 148 (2020): Zoning and housing matters. (DORIOT) The FHCCI had not taken a position on this bill which mostly applied to mobile/manufactured homes. However, in conference committee, the bill was amended to include unrelated language greatly restricting renter rights (language similar to amended language briefly in SB 340). The FHCCI actively opposed this newly amended bill. The amended bill was passed by both chambers but was vetoed by Governor Holcomb in only the second veto of his administration.
- Conference Committee Hearing: Do Pass with amended landlord-tenant preemption language that was in SB 340. You can watch the conference committee hearing here. Choose March 5 from the dropdown and scroll to 3:08 for the start of the hearing. Please note that there will be a recess break in the video so scroll to 8:40 for extended debate after the recess.
- Senate Floor Session: Do Pass 29-19. You can watch the Senate floor debate here. Choose March 11-Part 3 from the dropdown. Scroll to 2:06:48 for the start of SB 148 debate.
- House Point of Personal Privilege: Choose March 11-Part 5 for Rep Shackleford personal point of privilege on SB 148. Scroll to 1:25.
- House Floor Session: Do Pass 64-32. You can watch the House floor debate here. Choose March 11-Part 3 from the dropdown. Scroll to 1:48 for the start of the SB 148 debate.
- Governor Holcomb Veto Letter, March 25, 2020
- SEA 148 (2021 – Veto Override): The FHCCI is against any attempt to override Gov. Holcomb’s veto on SEA 148 from the 2020 session.
- See 2020 committee and floor debate on this bill and an associated bill (SB 340) on our 2020 Public Policy Page. Press clips related to the veto override are on our 2021 Public Policy Page.
- 2021 Senate Floor Vote: Senate voted to override the veto 30-17. You can watch the Senate floor debate here. Choose Feb 8 in the dropdown and scroll to 5:02 for the start of debate.
- 2021 House Floor Vote: House voted to override the veto 67-32. You can watch the House vote here. Choose Feb 17-Part 2 in the dropdown and scroll to 4:00:00 for the floor vote.
- HB 1165 (2015): Rental registration and inspection programs. (SOLIDAY) Exempts programs that apply only to rooming houses and hotels from provisions regulating local government rental registration or inspection programs.
- House Committee on Government and Regulatory Reform:
- House Floor Debate and Vote:
- Senate Commerce & Technology Committee:
- Senate Floor Debate and Vote:
- HB 1403 (2014): Provides that the owner of a rental unit assessed any fee by a political subdivision pertaining to the rental unit may: (1) notify the tenants of the rental unit of the assessment of the fee; and (2) require the tenants of the rental unit to reimburse the owner for the payment of the fee. (MCMILLIN) (Current law refers to “inspection, registration, or other fee”.) Requires fees regarding rental units and rental communities to be deposited in a dedicated fund to for reimbursement of costs actually incurred by the political subdivision relating to the imposition and amount of the fee. Restricts the circumstances and conditions in which a political subdivision may require a rental unit’s owner or landlord to obtain a permit. Allows an owner of a rental unit to obtain an exemption from a political subdivision’s inspection and inspection fee requirements if the rental unit satisfies certain requirements. Allows a political subdivision to impose a penalty for an act constituting a nuisance or ordinance violation. Allows a successful county, city, or town or a successful defendant to recover attorney’s fees incurred in a nuisance action. Provides that a political subdivision may assess an annual registration fee. Repeals superseded statutes relating to local regulation of residential landlord and tenant relations.
- House Committee on Government and Regulatory Reform:
- House Floor Debate and Vote: yeas 67 and nays 28
- Senate Local Government Committee:
- Senate Floor Debate and Vote: yeas 34 and nays 12
- Update: The City of Hammond challenged this law. In 2018, the Court of Appeals ruled this law unconstitutional. See news story and ruling. In March 2019, the Indiana Supreme Court ruled on this case.
- HB 1214 (2022): RESIDENTIAL EVICTION ACTIONS (MANNING E) – FHCCI NOTE: The FHCCI supported the bill language on eviction expungement but did not support the language which preempts courts from mandating pre-filing mediation programs or settlement conferences. Defines an “eviction action information provider” as a person that compiles, furnishes, or publishes information that: (1) concerns an eviction action that is filed in a court in Indiana; and (2) is available in records kept by a clerk of a court in Indiana with jurisdiction over the eviction action (eviction action information).
- House Judiciary: Do Pass with amendment 11-0. You can watch the hearing here. Go to Jan 19 in the dropdown and scroll to 4:50 for the start of HB 1214.
- House Floor Third Reading: Do Pass 89-0. You can watch floor vote here. Go to Jan 25-Part 1 and scroll to 1:09:50 for HB 1214.
- Senate Judiciary:
- February 9: You can watch the hearing here. Go to Feb 9 and scroll to 2:39:29 for HB 1214.
- February 16: Do Pass with amendment 6-1. You can watch the hearing here. Go to Feb 16 and scroll to 18:22 for HB 1214.
- Senate Floor:
- Second Reading: You can watch the comments here. Go to Feb 21 and scroll to 48:05 for HB 1214.
- Third Reading: Do Pass 49-0. You can watch the hearing here. Go to Feb 22 and scroll to 1:13:11 for HB 1214.
- Press of Interest:
- House advances bill aimed at sealing eviction filings from tenant records in some instances, WBAA, January 20, 2022
- IN Bill Would Seal Certain Eviction Records, Indiana Public News Service, February 3, 2022
- Bill to expunge eviction records passes in House, Indianapolis Recorder, February 4, 2022
- Indiana bill could allow some eviction records to be sealed, Fox 59, February 21, 2022
- Senate unanimously passes bill that would seal eviction filings in some instances, Indiana Public Media, February 22, 2022
- HB 1454 (2023): Department of Local Government Finance (SNOW) – FHCCI NOTE: In the last moments of session, this language was moved into this bill and passed. The language was never heard or debated in committee. Provides that a political subdivision may not inspect a rental unit or impose a fee pertaining to the inspection of a rental unit, if the rental unit, in addition to meeting certain other requirements, provides a written report that the rental property has been inspected or that a sample of the rental community has been inspected if the sample size complies with the United States Department of Housing and Urban Development’s Rural Development for Real Estate Assessment Center inspections.
- HB 1575 (2023): Residential Building Commission (O’BRIEN, T) – Establishes the residential building commission (building commission) within the department of homeland security. Provides that the building commission has exclusive jurisdiction for the review and adoption of building codes and standards that regulate the construction of dwellings.
- 2/7/2023 – House Government and Regulatory Reform, (Bill Scheduled for Hearing); Time & Location: 10:30 AM, Rm. 156-C. Bill held. You can watch the hearing here. Go to Feb 7 in the dropdown and scroll to 1:02:15 for the start of HB 1575.
- 2/14/2023 – House Government and Regulatory Reform, (Bill Scheduled for Hearing); Time & Location: 10:30 AM, Rm. 156-C. Do Pass as amended 9-1. You can watch the hearing here. Go to Feb 14 in the dropdown and scroll to 2:00 for the start of HB 1575.
- 2/16/2023 – House Second Reading: Amendment Failed 28-62. You can watch the debate here. Go to Feb 16 in the dropdown and scroll to 21:45 for the start of HB 1575.
- 2/20/2023 – House Third Reading: Do Pass 72-25. You can watch the debate here. Go to Feb 20 – Part 2 in the dropdown and scroll to 1:35:40 for the start of HB 1575.
- 3/23/2023 – Senate Local Government, (Bill Scheduled for Hearing); Time & Location: 10:00 AM, Rm. 233. Bill held. You can watch the hearing here. Go to March 23 in the dropdown and scroll to 1:23:28 for the start of HB 1575.
- 3/30/2023 – Senate Local Government, (Bill Scheduled for Hearing); Time & Location: 10:00 AM, Rm. 233. Bill held.
- 3/30/2023 – Senate Local Government, (Bill Scheduled for Hearing); Time & Location: 11:00 AM, Rm. 233. Do Pass as amended 7-3. You can watch the hearing here. Go to March 30 in the dropdown and scroll to 9:20 for the start of HB 1575.
- 4/6/2023 – Senate Second Reading: Amendments failed. You can watch the debate here. Go to April 6 in the dropdown and scroll to 1:35:45 for the start of HB 1575.
- 4/10/2023 – Senate Third Reading: Do Pass 33-15. You can watch the debate here. Go to April 10 in the dropdown and scroll to 1:13:40 for the start of HB 1575.
- Related Press:
- ‘Windfall profit’: Lawmakers who build homes file bills to help their industry, IndyStar, February 28, 2023
- SB 176 (2014): Central Indiana transit. (WALTZ) Bans light rail construction in Marion and six other Central Indiana counties. Bill included other transit options under certain conditions but the ban on light rail impacting transit options is the FHCCI’s concerns with this legislation.
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- Senate Floor Vote: Do Pass 28-20
- House Floor Vote: Do Pass 52-47
- House Conference Committee Vote: Do Pass 66-34
- Senate Conference Committee Vote: Do Pass 32-16
- Press:
- House approves bill to lift light-rail ban in central Indiana (HB 1365 – bill did not pass)
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- SB 240 (2018): Emotional support animal restrictions in rental housing and infraction for medical professionals. (LEISING) Provides that a dwelling that is exempt from the Indiana fair housing law is not subject to the requirements applicable to emotional support animals. Defines “emotional support animal”. Specifies who may use an emotional support animal, who may prescribe an emotional support animal, and when an individual may be prescribed an emotional support animal. Provides that an individual with a disability that is not readily apparent who submits a request for an emotional support animal that falsely suggests the individual has a disability that entitles the individual to the use of an emotional support animal in a dwelling commits a Class A infraction.
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- Senate Civil Law Committee: To watch the committee hearing, click here and choose January 29 – then scroll to 19:20 mark on the video for the start of the hearing
- Senate Floor Debate and Vote: To watch the Senate floor discussion and vote, click here and choose Tuesday, February 6 – then scroll to the 2:39:15 mark for the start of the debate
- House Judiciary Committee: To watch the committee hearing, click here and choose February 26 – then scroll to 1:23:44 mark on the video for the start of the hearing
- House Floor Debate and Vote: To watch the House floor discussion and vote, click here and choose Thursday, March 1 (part 1) – then scroll to the 1:08:30 mark for the start of the debate
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