HB 1214

  • Indiana House Bill
  • 2022 Regular Session
  • Introduced in House
  • Passed House Jan 25, 2022
  • Passed Senate Feb 22, 2022
  • Signed by Governor Mar 18, 2022

Residential eviction actions.

Abstract

Requires the plaintiff in a residential eviction action to file a motion to dismiss the action if the case is resolved between the parties at any time before final adjudication, unless the plaintiff is seeking damages. Provides that if, at any time after an eviction action is filed, no action has been taken by the plaintiff to further prosecute the case for a period of at least 180 days, the court shall send to the parties written notice: (1) stating the date of the most recent action taken by the plaintiff in the case; and (2) directing the plaintiff to take action to either: (A) further prosecute the case; or (B) dismiss the case; not later than 10 business days after the date of the notice. Provides that if the plaintiff fails to take any action within the prescribed time: (1) the defendant may petition the court to dismiss the case; or (2) the court on its own motion may dismiss the case. Provides that a residential eviction diversion program may not be offered or operated on a statewide or local basis unless participation in the program is voluntary for all parties. Requires: (1) the Indiana housing and community development authority; and (2) any political subdivision that distributes rental assistance funds made available by the federal government in response to the COVID-19 pandemic; to create a designated landlord application process, in addition to the tenant application process, not later than August 31, 2022. Requires, upon motion of the tenant, the court in which an eviction action is filed to order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, subject to certain exceptions, if any of the following occur: (1) The action is dismissed. (2) A judgment in favor of the tenant is entered. (3) A judgment against the tenant is later overturned or vacated on appeal. Provides that if: (1) an eviction action, regardless of when it was filed, results in one of the specified outcomes allowing for the nondisclosure of records in the action; and (2) the court does not issue an order prohibiting the disclosure of any records in the action; the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action in accordance with the bill's provisions. Provides that upon the filing of such a petition, the court may: (1) issue an order prohibiting the disclosure of any records in the action; or (2) set the matter for a hearing. Provides that the petitioner bears the burden of proof in any hearing set by the court. Requires the clerk of court or other court administrator to: (1) track all eviction actions with respect to which a nondisclosure order is issued by the court; and (2) furnish the data compiled in the statutorily required statistical data provided to the office of judicial administration (office), as prescribed by the office. Requires the office to include the data provided by the courts in the Indiana Judicial Report.

Bill Sponsors (35)

Votes


Actions


Mar 18, 2022

House

Public Law 164

Office of the Governor

Signed by the Governor

Mar 15, 2022

Senate

Signed by the President of the Senate

Mar 07, 2022

Senate

Signed by the President Pro Tempore

Mar 04, 2022

House

Signed by the Speaker

Mar 01, 2022

House

House concurred in Senate amendments; Roll Call 314: yeas 91, nays 0

Feb 28, 2022

House

Motion to concur filed

Feb 23, 2022

Senate

Returned to the House with amendments

Feb 22, 2022

Senate

Senator Gaskill added as second sponsor

Senate

Senators Niemeyer, Boehnlein, Kruse added as cosponsors

Senate

Senator Messmer added as cosponsor

Senate

Senators Freeman, Bohacek, Sandlin, Baldwin added as cosponsors

Senate

Senator Doriot added as cosponsor

Senate

Senators Boots and Crider added as cosponsors

Senate

Senators Rogers, Raatz, Alting, Crane, Walker K, Walker G, Perfect, Zay, Busch, Donato, Garten, Buchanan added as cosponsors

Senate

Third reading: passed; Roll Call 234: yeas 49, nays 0

Feb 21, 2022

Senate

Senator Yoder added as cosponsor

Senate

Second reading: ordered engrossed

Feb 17, 2022

Senate

Committee report: amend do pass, adopted

Senate

Senator Taylor G added as cosponsor

Feb 14, 2022

Senate

Senator Randolph added as cosponsor

Senate

Senators Pol and Lanane added as cosponsors

Senate

Senator Buck added as cosponsor

Feb 02, 2022

Senate

First reading: referred to Committee on Judiciary

  • Reading-1
  • Referral-Committee
judiciary

Jan 26, 2022

House

Referred to the Senate

Jan 25, 2022

House

Third reading: passed; Roll Call 78: yeas 89, nays 0

House

Representatives Clere and Smith, V. added as coauthors

House

Senate sponsor: Senator Koch

Jan 24, 2022

House

Second reading: ordered engrossed

Jan 20, 2022

House

Committee report: amend do pass, adopted

Jan 06, 2022

House

Authored by Representative Manning

House

First reading: referred to Committee on Judiciary

  • Reading-1
  • Referral-Committee
judiciary

House

Coauthored by Representative Jeter

Bill Text

Bill Text Versions Format
Introduced House Bill (H) PDF
House Bill (H) PDF
House Bill (S) PDF
Enrolled House Bill (H) PDF

Related Documents

Document Format
Fiscal Note: HB1214.04.ENRS.FN001 PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the Indiana General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.