Data, stories, and outstanding damages from SEA 148 that must be addressed this session

As enacted on February 17, 2021, SEA 148 includes several provisions that will further increase evictions which spread COVID-19 and which threaten to undermine Indiana’s recovery from the pandemic. While two ‘trailer bills’ would remove the phrase preempting “all other aspects of the landlord-tenant relationship” they do nothing to mitigate the other damages of SEA 148.

Indiana has seen over 34,000 eviction filings during COVID, despite the CDC moratorium. The week after SEA 148 became law on February 17, Indiana saw 1,288 eviction filings, its largest number since the moratorium began on 9/4/20. View a table of eviction filings, eviction rates, and renter households since September 4, 2020, here.

Source: EvictionLab COVID-19 Eviction Tracker for Indiana. Retrieved March 10, 2021.

Source: EvictionLab COVID-19 Eviction Tracker for Indiana. Retrieved March 10, 2021.

SEA 148 allows 7 new forms of emergency possessory orders (resulting in expedited 3-day evictions), including when tenants report housing code violations and poor conditions, in addition to non-payment of rent, rather than going through the typical court process.

(Click the images to expand their size.) In cases such these, because landlords could claim that compliance with code – to address issues like mold and dangerous wiring – would require the tenant vacating the premises, they could simply ask the courts for emergency possession, in effect evicting tenants within 3 days.

These are some of the most damaging issues with SEA 148 that have yet to be addressed through committee or in-floor amendments, and that threaten to stall Indiana’s public health and economic recovery if not remedied this session:

• Expands emergency possessory orders to include when the tenant is not at fault. In describing what evictions can take place and not be a retaliatory act, SEA 148 introduces 7 conditions when so-called emergency possessions can result in expedited 3-day evictions. These go beyond the previous use (damage to the unit) and now include rent non-payment, and when compliance with code would require the tenant vacating the premises. In effect, this means tenants could be evicted for reporting code violations and poor conditions.
• Allows anti-retaliation protections to be waived away in leases. Form leases are generally take it or leave it and are not negotiated. And by law, unless a statute specifies it cannot be waived, contracts can waive statutory rights.
• Codifies other loopholes in anti-retaliation protections that leave renters vulnerable.
  • Tenants are now only protected from retaliation for reporting code violations that ‘materially’ affect health and safety – So a tenant could report code violation but if a judge decides not “materially affecting,” there is no protection
  • Tenants are only protected from retaliatory eviction if they provide a written complaint, even if may have verbally complained repeatedly or cannot reach an absentee landlord by writing.
  • Landlords are not allowed to increase rent in retaliation but can if the rent is increased to comparable market rent – however, this should only be non-retaliatory if rent increases equally for all tenants.
  • Tenants are not protected for initiating or pursuing court or administrative proceedings unless they testify in those proceedings.
• Locks all communities in the lowest common denominator of housing standards contrary to local wishes. SEA 148 voided nearly all existing local housing ordinances, including regulation of screening process for rentals, disclosures concerning the property, lease, or rights and responsibilities of the parties in a landlord-tenant relationship. SEA 148 also preempts local housing discrimination ordinances, impacting many cities’ Human Rights and human relations commissions.

We respectfully ask legislators to work with stakeholders representing Indiana’s housing providers, communities, and the 30% of Hoosiers who rent their homes to ensure these issues are addressed in amendments to legislation this session.

“As all eyes zone in on the Hoosier state, and watch to see why all of March Madness was moved here, it’s almost inconceivable that the worst parts of the ‘eviction bill’ have not yet been cleaned up. How can we extend our highly touted hospitality to these outside teams and tourists while essentially putting more and more of our fellow Hoosiers out on the street? This is a game plan that spells immediate disaster for our public health and our public image and short- and long-term devastation for our neighbors’ housing stability.”

– Jessica Love, Executive Director of Prosperity Indiana and HHNC member

 View the entire press release from the Hoosier Housing Needs Coalition.