State Representative Gail Riecken Explains The Proposed Landlord Bill To Homeowner’s Associations

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State Representative Gail Riecken
State Representative Gail Riecken

Letter to City Councilmembers and Neighborhood Friends,

Because of a bill, HB 1313, that came to the floor of the Statehouse your efforts to fight crime, vandalism, trash and dangerous properties is threatened.

This bill says that after February 28 no local government can enact legislation that deals with these in relations of landlords and tenants to the City. Specifically, HB 1313 says:

Sec. 4. (a) As used in this 4 section, “regulation” refers to an ordinance, rule, or other enactment by a political subdivision relating to any of the following:

(1) Landlord and tenant relations.

(2) Rental agreements.

(3) Real property subject to a rental agreement.

(b) A regulation that does any of the following may not be adopted after February 28, 2013:

(1) Requires an owner or landlord to be licensed or to obtain a permit from the political subdivision to lease a rental unit.

(2) Requires an owner or landlord to enroll or participate in a class or government program as a condition for leasing a rental unit.

(3) Imposes a fee or other assessment for any of the following:

(A) Inspection of a rental unit.

(B) Registration of an owner, landlord, or rental unit.

(C) Any other purpose. However, this clause does not prohibit imposition of a fee relating to the construction of rental unit, such as a building permit fee.

This section expires July 1, 2014.

This moratorium is on until next year. In the meantime, there will be a summer study committee to look into the issue.

And, what is the issue? One city up north went wild and decided to partially fund their general fund from exorbitant fees charged landlords for inspections! It is reported they are charging $100 per unit.

This is not what the City of Evansville and the Evansville Police Department has in mind or is doing with the ordinance in front of you.

Please fight for our neighborhoods. This program is about knowing who can make decisions to clean up a property or remove an abandoned vehicle or a evict meth dealer. Make no mistake. The good actors will cry out for they are doing everything right. Thank them. But, ask them, what would they do in your position.

Yours truly,

Gail Riecken,
State Representative, D 77

5 COMMENTS

  1. Thank you for your letter. I hope it helps to clarify the need for this ordinance.

  2. It’s only a moratorium!

    Read that, guys. We have a mad rush going on to pass this Ordinance, yet the House Bill which prompted Chief Bolin to claim “our hand is being forced” is only a moratorium.

    There will be a House committee to study it and the moratorium will be lifted next year! By then, they know there could be a referendum. That’s the only reason for this rush. Start looking past your hate for me and your cliques and see this for what it is.

  3. “This program is about knowing who can make decisions to clean up a property or remove an abandoned vehicle or evict meth dealer.” (State Representative Gail Riecken)

    * * * * * * * * * * * * * *

    We currently have laws on the books covering all of the above. If those laws are not enforced, due to a lack of will on the enforcing agency’s part, I fail to see how more laws will improve the situation. It may give you a feel good moment that you have accomplished something, but it will be ineffective.

    * * * * * * * * * *

    NWITIMES.COM

    Lawmaker seeks to prohibit rental registrations, inspections, fees

    House Bill 1313

    INDIANAPOLIS | Merrillville’s plan to subsidize its police department with registration fees charged to apartment owners has prompted a central Indiana lawmaker to propose a statewide ban on all municipal apartment registration and inspection requirements.

    State Rep. Mike Speedy, R-Indianapolis, said landlords don’t oppose paying reasonable fees based on the cost of an inspection, but towns such as Merrillville shouldn’t be sticking apartment owners with extra fees to cover expenses that should be paid by property taxes.

    In July, Merrillville imposed a $100 per unit annual registration fee on landlords. Police Chief Joseph Petruch told The Times in December he hopes the town will use the more than $250,000 generated by the fee to hire two police officers.

    House Bill 1313, which was heard by the Government and Regulatory Reform Committee on Tuesday but not voted on, would bar future collection of those fees starting July 1.

    The measure is supported by the Indiana Apartment Association, a group of Hoosier landlords…….(more)

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