Indiana lawmakers override Holcomb veto; law now block cities from regulating rental properties
INDIANAPOLIS (WISH) — News 8’s David Williams reports lawmakers in the Indiana House have voted to override a 2020 veto by Gov. Eric Holcomb, making the measure into law.
Senate Bill 148 from the 2020 General Assembly would prevent individual cities from taking action on landlord and tenant matters, including expedited evictions and regulating rental properties.
In 2020, the state Senate voted 29-19 in favor of a House-Senate agreement on the bill, which the House later approved 64-32, before the legislative session adjourned March 12. Both the House and Senate had Republican supermajorities, both in 2020 and again in 2021. The Republican governor vetoed the measure on March 25, citing the emerging coronavirus pandemic as one concern.
Indianapolis City-County Council and Mayor Joe Hogsett in late February 2020 approved the Tenants Bill of Rights. The measure requires landlords to give tenants notice of their rights and responsibilities. The measure also calls for tenants to be connected to legal assistance where necessary to vindicate their rights and avoid eviction. Landlords are also restricted from retaliation against tenants for exercising their rights. In addition, the city law prohibits discrimination against applicants for housing based on expunged or sealed criminal convictions.
This is breaking news. Below is coverage from Feb. 7, 2021.
INDIANAPOLIS (WISH) — News 8’s David Williams reported Indiana Senate lawmakers on Monday afternoon voted to override Gov. Eric Holcomb’s veto of Senate Bill 148 from the 2020 General Assembly.
The bill would prevent individual cities from taking action on landlord and tenant matters, including expedited evictions and regulating rental properties.
The Indiana House will next vote on the proposal to overturn the governor’s veto.
In 2020, the state Senate voted 29-19 in favor of a House-Senate agreement on the bill, which the House later approved 64-32, before the legislative session adjourned March 12. Both the House and Senate had Republican supermajorities, both in 2020 and again in 2021. The Republican governor vetoed the measure on March 25, citing the emerging coronavirus pandemic as one concern.
Indianapolis City-County Council and Mayor Joe Hogsett in late February 2020 approved the Tenants Bill of Rights. The measure requires landlords to give tenants notice of their rights and responsibilities. The measure also calls for tenants to be connected to legal assistance where necessary to vindicate their rights and avoid eviction. Landlords are also restricted from retaliation against tenants for exercising their rights. In addition, the city law prohibits discrimination against applicants for housing based on expunged or sealed criminal convictions.
Statements
“Today the Senate took up the veto of Senate Enrolled Act 148, as is mandated by our state constitution. Given that the override was successful, we intend to move follow-up legislation in Senate Bill 150, which is being authored by Sen. Jim Buck. The bill will narrow and improve the scope of the intended policy by removing the ‘any other aspects of the landlord-tenant relationship’ language. We look forward to working with our colleagues in the House to see this through the rest of the legislative process.”
Senate President Pro Tem Rodric Bray, a Republican from Martinsville
“When Hoosiers go to the polls, they expect their vote to count. The ‘big brother’ state government should not be passing laws to overturn what local governments are successfully achieving for their communities. When state legislators step in and undo the will of people and their local officials, that is the government telling ordinary citizens that it knows better.
“When he vetoed this bill last year, Governor Holcomb spoke of how the language was too abroad and prevented local control over landlord and tenant relationships. He also recognized that a public health emergency was the absolute worst time to allow such a law to go in effect. Yet, here we are, still dealing with a pandemic, and the supermajority wants to throw renter protections right out the window.
“We all know that the language in this bill was a retaliation to Indianapolis’ locally passed renter protections. If state legislators are concerned with the local policies of cities across the state, they are more than welcome to run for city council in their towns.”
Senate Democratic Leader Greg Taylor of Indianapolis
“This is a uniquely bad proposal that not only tramples on the rights of local government, but puts vulnerable Hoosiers at increased risk of eviction and homelessness. It’s no secret that SEA 148 was brought forward last year in response to a proposal approved by the Indianapolis city council. The city’s proposal, which strengthened landlord-tenant relations, was a decision that they felt was necessary to protect their residents. The state should not be stepping in to retaliate against local governments that make decisions on behalf of their communities.
“It’s especially shameful that the supermajority is trying to pass this proposal now, as Hoosiers continue to struggle during this pandemic. This public health crisis is not over, and voting to override a veto that protects those in vulnerable living situations is not only ill-timed, but cruel. This proposal will substantially change existing landlord-tenant law and weaken state protections for renters, who make up more than 30 percent of the state’s population. Overriding this veto while we’re already in the middle of an eviction crisis is wrong.”
Senate Assistant Democratic Leader Eddie Melton of Gary
“When the Indianapolis City-County Council passed Proposals 40 and 41 early last year, Indianapolis already had one of the highest eviction rates in the country. Now, estimates indicate that as many as 250,000 households in Indiana are behind on rent and at risk of eviction when the current federal moratorium expires in less than two months – which could represent as many as 50,000 families facing impending crisis here in Marion County.
“Over the last year, the City of Indianapolis has taken direct action to help tenants – and landlords – survive the pandemic. To date, the city has distributed more than $33.5 million in rental assistance, helping to ensure nearly 16,000 families weren’t falling further behind in unpaid rent. And while many lawmakers expressed concerns that the City’s landlord/tenant program would unfairly target landlords and create undue bureaucracy or frivolous legal actions, the data from the last seven months proves otherwise. Since July 1, when the ordinance took effect, hundreds of individuals have called the City’s Tenant Information Hotline and received assistance through the Eviction Avoidance Program and Tenant Legal Assistance Project, but only six retaliatory actions have been referred to the City prosecutor.
“At a time in which Hoosier families are struggling to keep food on the table and a roof over their heads, it is incredibly disappointing to see action taken to roll back common-sense protections that help Indianapolis residents navigate the complicated legal system and provide recourse for tenants experiencing retaliatory actions by bad-actor landlords. It is my hope that we can continue to have productive conversations with members of the Indiana legislature and identify solutions that help to protect renters from predatory landlords.”
Indianapolis Mayor Joe Hogsett, a Democrat
“I am deeply disappointed in today’s vote by the Indiana Senate to void the Indianapolis City-County Council’s decision to provide local tenants full and ready access to accurate information about their legal rights and the support necessary to assert them. I continue to believe that no government, whether local, state, or otherwise, should adopt measures that discourage or impede dissemination of accurate information to its citizens about their rights and responsibilities under the law. Educating Marion County renters about what they legally can and cannot do benefits landlords and tenants alike.
“Important as these protections are, the Council and Mayor Hogsett’s administration have not sought to protect tenants at the expense of Indianapolis landlords. Since the Council’s vote to adopt Proposals 40 & 41 last year, we have also voted multiple times to allocate more than $33.5 million in CARES Act funding to a rental assistance program that provides direct payments to Marion County landlords whose tenants have been financially impacted by the global COVID-19 pandemic. As I said after the Council’s vote to adopt Proposals 40 & 41, the vast majority of Indianapolis landlords conduct their business fairly and have nothing to fear from better education of renters.
“The Council’s overwhelming concern now is for the tens of thousands of Marion County families who may face eviction in 2021 due to the devastating impact of the global pandemic. A home isn’t just a structure you live in; it’s also about health and safety. That this is occurring during a pandemic creates unnecessary stress for a community enduring too much. We will continue our efforts to work with our colleagues at state and local levels to protect our county’s renters from a small number of predatory landlords.”
Vop Osili, a Democrat who is president of the Indianapolis City-County Council
Previous coverage: Housing advocates plan protest against Indiana bill they say could increase evictions
INDIANAPOLIS (WISH) — More evictions could be coming to Indiana.
The General Assembly is set to vote Monday to try to override Gov. Eric Holcomb’s veto of Senate Bill 148.
Protesters carrying signs plan to line the streets to the Indiana Statehouse at 9 a.m. Monday to make their voices heard.
The bill would prevent individual cities from taking action on landlord and tenant matters, including expedited evictions and regulating rental properties.
Holcomb vetoed the bill in March, keeping those regulations possible. Housing advocates said the bill goes too far. They’re calling on the General Assembly to conduct a comprehensive review of the states housing laws.
They believe overriding the governor’s veto could negatively impact statewide economic recovery efforts and cause an increase in evictions and homelessness in Indiana.
Andrew Bradley is with Prosperity Indiana. He said the bill is a public health threat, and it’s more important now than ever for families to have access to safe and affordable housing.
“Whenever there are new evictions, that increases COVID-19 spread. That ultimately increases the death rates in the places that’s infected. That’s because families who are evicted end up doubling up ,” said Bradley.
For more information on this bill and how you can get involved, see Prosperity Indiana or the Fair Housing Center of Central Indiana.