Vetoed by Governor Eric Holcomb

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits local governments from regulating the relationship between renters and landlords.

Highlights:

• Authorizes the state department to do all of the following (Sec. 2):

• Require reasonable standards of health, sanitation, and safety in using the dwelling units;

• Requires the following to comply with the standards:

• Persons dwelling in mobile homes, manufactured homes, and industrialized residential structures; and

• Mobile home community operators; and

• Authorize local boards to enforce the standards adopted. 

• Prohibits a unit from regulating, through an ordinance or otherwise, any of the following aspects of a landlord-tenant relationship with respect to privately owned property located in the unit unless the regulation is authorized by an act of the general assembly (Sec. 17):

• The screening process used by the landlord in approving tenants to lease privately owned property; 

• Security deposits; 

• Lease applications; 

• Leasing terms and conditions; 

• Disclosures concealing the following involved in the landlord-tenant relationship:

• Property; 

• Lease; or

• Rights and responsibilities of the parties; 

• The rights of the parties to a lease; 

• Any fees charged by a landlord; and

• Any other aspects f the landlord-tenant relationship.

• Specifies that any ordinance or regulation that violates the above requirements is void and unenforceable (Sec. 17).

• Prohibits a landlord from engaging in a retaliatory act in response to a tenant’s engaging in one or more protected activity (Sec. 18).

• Specifies that the above highlight does not prohibit a landlord from doing any of the following (Sec. 18):

• Declining to renew a rental agreement at the conclusion of the term of the rental agreement; 

• Increasing a tenant’s rent to that which is charged for comparable market rentals, regardless of whether the increase is effective: 

• At the concussion of the term of the rental agreement; or

• If provided for in the rental agreement, during the term of the rental agreement; and

• Decreasing or terminating one or more services provided to the rental premises, if those services are decreased or terminated to all tenants on an equal basis. 

• Defines a “retaliatory act” as any of the following actions taken by a landlord in response to a tenant’s engaging in a protected activity (Sec. 18):

• Increasing the amount of the tenant’s rent;

• Decreasing, terminating, or interfering with services provided to the rental premises; 

• Bringing or threatening to bring an action for poses of the rental premises; 

• Bringing or threatening to bring an action for possession of the rental premises; and

• Bringing or threatening to bring an action to: 

• Evict the tenant from the rental premises; or

• Otherwise terminate the tenant’s rental agreement before the expiration of the term of the rental agreement.

• Defines a “protected activity” as any of the following actions taken by a tenant (Sec. 18):

• Complaining to a government entity responsible for enforcing an applicable building or housing code about a violation with respect to a rental premise that materially affects health or safety; 

• Complaining to a landlord in writing concerning the landlord’s violation; 

• Bringing an action against a landlord; 

• Organizing or becoming a member of a tenant’s organization; and

• Testifying in a court proceeding or an administrative hearing against a landlord.

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits local governments from regulating the relationship between renters and landlords.

Highlights:

• Authorizes the state department to do all of the following (Sec. 2):

• Require reasonable standards of health, sanitation, and safety in using the dwelling units;

• Requires the following to comply with the standards:

• Persons dwelling in mobile homes, manufactured homes, and industrialized residential structures; and

• Mobile home community operators; and

• Authorize local boards to enforce the standards adopted. 

• Prohibits a unit from regulating, through an ordinance or otherwise, any of the following aspects of a landlord-tenant relationship with respect to privately owned property located in the unit unless the regulation is authorized by an act of the general assembly (Sec. 17):

• The screening process used by the landlord in approving tenants to lease privately owned property; 

• Security deposits; 

• Lease applications; 

• Leasing terms and conditions; 

• Disclosures concealing the following involved in the landlord-tenant relationship:

• Property; 

• Lease; or

• Rights and responsibilities of the parties; 

• The rights of the parties to a lease; 

• Any fees charged by a landlord; and

• Any other aspects f the landlord-tenant relationship.

• Specifies that any ordinance or regulation that violates the above requirements is void and unenforceable (Sec. 17).

• Prohibits a landlord from engaging in a retaliatory act in response to a tenant’s engaging in one or more protected activity (Sec. 18).

• Specifies that the above highlight does not prohibit a landlord from doing any of the following (Sec. 18):

• Declining to renew a rental agreement at the conclusion of the term of the rental agreement; 

• Increasing a tenant’s rent to that which is charged for comparable market rentals, regardless of whether the increase is effective: 

• At the concussion of the term of the rental agreement; or

• If provided for in the rental agreement, during the term of the rental agreement; and

• Decreasing or terminating one or more services provided to the rental premises, if those services are decreased or terminated to all tenants on an equal basis. 

• Defines a “retaliatory act” as any of the following actions taken by a landlord in response to a tenant’s engaging in a protected activity (Sec. 18):

• Increasing the amount of the tenant’s rent;

• Decreasing, terminating, or interfering with services provided to the rental premises; 

• Bringing or threatening to bring an action for poses of the rental premises; 

• Bringing or threatening to bring an action for possession of the rental premises; and

• Bringing or threatening to bring an action to: 

• Evict the tenant from the rental premises; or

• Otherwise terminate the tenant’s rental agreement before the expiration of the term of the rental agreement.

• Defines a “protected activity” as any of the following actions taken by a tenant (Sec. 18):

• Complaining to a government entity responsible for enforcing an applicable building or housing code about a violation with respect to a rental premise that materially affects health or safety; 

• Complaining to a landlord in writing concerning the landlord’s violation; 

• Bringing an action against a landlord; 

• Organizing or becoming a member of a tenant’s organization; and

• Testifying in a court proceeding or an administrative hearing against a landlord.

Full Bill Text