By a vote of 67-28, the House has passed Jud McMillin’s HB 1403 which imposes restrictions on a political subdivision’s ability to regulate rental properties. Landlord tenant relations strikes me as something that, by and large, should be under local control. It’s a matter of local quality of life, and the particulars can be quite variable from place to place. The rental situation in Brookville, Indiana is going to be a lot different from that of West Lafayette.
Most of the changes seem to grandfather in rental regimes in place before 1984.
It restricts the ability of a political subdivision to require a landlord to obtain a permit or attend a class prior to leasing a rental unit. However, a permit may be required if its free, doesn’t expire, and will cover an entire rental unit community.
It prohibits a political subdivision from inspecting and imposing a fee on a rental unit managed by a professional manager, has been inspected by one of a variety of professionals (architect, engineer, inspector for insurance companies, HUD), and the inspection indicates that electrical, plumbing, water, HVAC, bathrooms, smoke detectors, and the structure are all safe and habitable. Inspections beyond those specified items are not allowed. The subdivision could inspect beyond that if it received a specific complaint but could not impose a fee for the inspection.
A registration fee of $5 is permitted, but a rental community can only be subjected to one registration fee. It can’t, apparently, be per unit. A penalty for a nuisance or ordinance violation can be imposed but only if the landlord is given notice and an opportunity to cure the nuisance first.