HB 1541 IN

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Amends the statute concerning a landlord's obligations under a residential rental agreement to include within those obligations the duty to remain current on all bills for utility service to the rental premises (other than for utility service for which a tenant is responsible for paying under the rental agreement or state law). Provides that a landlord that: (1) offers for rent at least 100 rental units that are part of one or more structures that: (A) are located on the same parcel of property or on contiguous parcels of property; and (B) are master metered for one or more utility services; and (2) fails to meet this new obligation; may not file or prosecute an eviction action for nonpayment of rent against a tenant of the rental premises until the delinquency for utility service provided to the rental premises has been cured. Requires the Indiana housing and community development authority (authority) to do the following not later than August 31, 2023: (1) Designate itself to serve as, or contract to provide, an escrow agent to whom a tenant of a rental premises for which the landlord has failed to meet this new obligation, resulting in a utility bill that is at least 60 days past due, may pay rent until the delinquency has been cured. (2) In collaboration with the Indiana utility regulatory commission (IURC), create a form that: (A) is accessible on the authority's website and the IURC's website; and (B) allows a utility to: (i) report the delinquency; and (ii) request that the designated escrow agent perform certain duties with respect to the delinquency. Provides that a utility that submits a form to report a delinquency and request the services of the escrow agent must provide to the tenants, through conspicuous signage placed within the utility's property rights on the affected parcels, notice of the landlord's delinquency and of a tenant's right to pay rent to the escrow agent, instead of the landlord, until the delinquency for utility service is cured. Specifies the duties of the escrow agent with respect to: (1) collecting rent from tenants; (2) paying collected rent to the utility; (3) paying remaining amounts of collected rent to the landlord upon the delinquency being cured; (4) reporting to the landlord, the utility, the authority, and the IURC certain collection and payment data on a monthly basis; and (5) providing a final accounting and notice once the delinquency has been cured and the escrow has been closed.

• Edmond Soliday Republican · author

1. Jan 19, 2023 Authored by Representative Soliday · lower
2. Jan 19, 2023 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Introduced House Bill (H) · Jan 19, 2023 · PDF