The House Judiciary Committee heard HB 1214 on residential eviction actions authored by Rep. Manning. The bill, as amended by the committee, adds:
- a new chapter governing eviction action information providers’ disclosure of eviction action information and establishes that a violation of this chapter is a deceptive act actionably under Ind. Code § 24-5-0.5-4;
- a new chapter on eviction action procedures that (1) requires a plaintiff to file a motion to dismiss if the case is resolved before final adjudication, (2) sets forth a process for the court to provide notice to parties for failure to prosecute the case after 180 days of inactivity, and (3) limits the ability to provide pre-eviction diversion programs, settlement conferences, mediation, or alternative dispute resolution programs, or similar programs at the state or local level only if the programs are voluntary and local, state, or federal rental assistance funding is available to the parties;
- a new chapter on the disclosure of residential eviction information that (1) permits the tenant to petition the court to seal an eviction case if the case was dismissed by the court pursuant to Ind. Code § 32-31-10-3 or Ind. Code § 32-31-10-4 (both new provisions within this bill), a judgment is entered in favor of the tenant, or if a judgment against the tenant was overturned or vacated on appeal; (2) outlines the petition requirements for sealing an eviction case, and (3) sets forth reporting requirements for the courts and Office of Judicial Administration; and
- a requirement that state and local rental assistance programs distributing federal funds in response to the COVID-19 pandemic must provide a designated landlord application process no later than August 31, 2022.
Testimony on the bill was provided by the Indiana Apartment Association, Indiana Association of Realtors, Prosperity Indiana, Indiana Legal Services Corporation, Indiana Community Action Agency, and the Coalition Against Domestic Violence. The amended bill passed 11-0. Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1214