Indianapolis passes tenant rights initiative despite state’s attempts to block it

The Indianapolis city-county council forged ahead with its new tenant rights initiative on Monday night despite recent legislative effort at the statehouse to undercut the effort, which aims to protect residents from retaliatory landlords and educate tenants about rental rights.

The first part of the proposal, which passed with an 18-5 vote, appropriates $250,000 to establish a tenant information hotline and provide legal assistance for renters in need. The council’s five Republicans voted against it.

The second proposal strengthened protections for renters, requiring landlords to notify tenants of their rights and responsibilities and fining landlords who retaliate against tenants. That proposal passed 19-4, with Republican Michael Paul-Hart crossing party lines to vote in support.

But the initiative may be partially moot if the state legislature ultimately approves new language added to a bill earlier on Monday  — drawing scorn from Mayor Joe Hogsett’s office and Democratic councilors.

Apartment Association raises concern

The amendment to Senate Bill 340 prevents cities from regulating landlord-tenant relations without approval by the General Assembly. It would nullify the requirement to notify tenants of their rights and would also eliminate the fines for retaliation. The move came after concern from the Indiana Apartment Association and other groups, once again highlighting the contrast between a heavily Democratic state capital in a largely Republican state.

Yet the public voiced strong support for the council’s efforts on Monday night to combat an issue they highlighted as a crisis.

Rep. Robin Shackleford, D-Indianapolis, said that she would introduce an amendment to eliminate the new language that targets the city’s program.

“Tenant rights are an issue that have gone overlooked for far too long here in Indianapolis and across the state,” she said.

Dee Ross, founder of the Ross Foundation that also helps with tenant rights, said he has personally seen landlords retaliate against renters.

“We have watched families live in apartments filled with mold and feces all over their walls, while their children play with their toys, breathing it in every single day,” he said. “I’ve personally watched property managers and slumlords create extra barriers for poor families to thrive.”

AARP ‘disappointed’ with legislature

Mandla Moyo, director of community engagement for AARP Indiana, said the efforts would inform and educate older residents and renters.

“We were extremely disappointed by the actions taken by our friends at the statehouse today,” he said, “but are committed to ensuring that we’re able to continue to provide a safe and habitable place for all residents regardless of age or rent or ownership status.”

The Hogsett administration saw its proposal as a way to balance the scales against unscrupulous landlords, many out of state, who take advantage of lax government oversight in Indiana to prey on desperate renters.

But the Indiana Apartment Association and other landlords had previously spoken against the initiative when it came before the council’s public safety committee meeting earlier this month. In a statement on Monday, the association argued that the bill would “mitigate inconsistent regulations” that would vary from city to city.

“The potential patchwork of policies will not only create confusion among landlords and tenants,” the group said. “but will ultimately increase the cost of housing.”

But after seeing no one from the association speak at the council meeting, Democratic Councilor Blake Johnson of District 12 argued that the group should have come to the council and not the statehouse.

“It’s telling that after testifying in the committee, the apartment association spent their day at the other end of Market Street trying to take the authority of our city away,” he said.

District 22 Democratic Councilor Jared Evans said he found the opposition “on the other side of the street” funny given the discussion about violence in the city.

“Do you know what contributes to that?” he said. “Housing instability.”

Landlords would be ‘guilty until proven innocent’

Republican minority leader Brian Mowery, however, said the initiative would put landlords in a “guilty until proven innocent” scenario.

“I don’t think this is an issue of getting tenants their rights and a notice of their rights,” he said. “I think this is more so a worry of now we’re fining landlords for (evicting) a potential delinquent or destructive tenant.”

Housing gap: Indianapolis home values in black neighborhoods trail county, study says

Hogsett’s housing proposal followed an IndyStar series of stories last year that revealed the depths residents endured to live in rental properties in Indianapolis.

Some described desperation that led them to accept problematic homes beneath legal standards. Others were misled or surprised when problems surfaced and were frustrated when landlords either ignored their pleas or could never be found.

Indiana is one of just eight states without an anti-retaliation law, according to Indiana University research.

Senate Bill 340 would finally enshrine anti-retaliation in state law, but it would handle the matter differently than Hogsett’s proposal at the local level.

Bill shifts burden of proof to tenants

Whereas Hogsett’s proposal placed the burden of proof on landlords, the Senate bill would place that burden on a tenant.

And landlords would not face fines under the Senate bill. Instead, tenants would be given repayment of a single month’s rent.

That bill next heads to the full House for consideration. The Senate would need to sign off on any changes made in the House before the bill could move to Gov. Eric Holcomb’s desk.

Source: indystar.com