§ 32-31-1-22 — Requests for law enforcement or emergency assistance; political subdivisions prohibited from imposing penalties for requests believed necessary to prevent abuse, crime, or emergency; exceptions

Indiana § 32-31-1-22

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 31: LANDLORD-TENANT RELATIONS
• Ch. 1: General Provisions

Text

(a) The definitions in IC 32-31-3 apply
throughout this section.
(b) As used in this section, "penalty" refers to any of the following:
(1) The assessment of a penalty, fine, or fee.
(2) Actual or threatened eviction from a rental unit, or the causing
of an actual or threatened eviction from a rental unit.
(c) As used in this section, "political subdivision" has the meaning
set forth in IC 36-1-2-13.
(d) Except as provided in subsection (e), a political subdivision may
not adopt or enforce any ordinance, rule, or regulation that imposes a
penalty, or allows for the imposition of a penalty, against a tenant, an
owner, or a landlord for a contact made to request law enforcement
assistance or other emergency assistance for one (1) or more rental
units if:
(1) the contact is made by or on behalf of:
(A) a victim or potential victim of abuse;
(B) a victim or potential victim of a crime; or
(C) an individual in an emergency; and
(2) either of the following applies:
(A) At the time the contact is made, the person making the
contact reasonably believes that law enforcement assistance or
other emergency assistance is necessary to prevent the
perpetration or escalation of abuse, a crime, or an emergency.
(B) If abuse, a crime, or an emergency occurs, the law
enforcement assistance or other emergency assistance was
needed.
(e) Subject to subsections (f) and (g), this section does not prohibit
a political subdivision from adopting or enforcing an ordinance, a rule,
or a regulation that imposes a penalty for a contact that:
(1) is made to request law enforcement assistance or other
emergency assistance; and
(2) is not made by or on behalf of:
(A) a victim or potential victim of abuse;
(B) a victim or potential victim of a crime; or
(C) an individual in an emergency.
(f) If:
(1) a political subdivision imposes a penalty under an ordinance,
a rule, or a regulation authorized by subsection (e); and
(2) the prohibited contact to request law enforcement assistance
or other emergency assistance is made by a tenant in a rental unit;
the penalty imposed must be assessed against the tenant of the rental
unit and not against the landlord or owner of the rental unit.
(g) Any penalty that is assessed under an ordinance, a rule, or a
regulation authorized by subsection (e) may not exceed two hundred
fifty dollars ($250).
(h) Nothing in this section shall be construed to prevent a housing
authority established under IC 36-7-18 from enforcing rights or
remedies established by contract or federal law against a landlord or
owner of a rental unit.
(i) Nothing in this section shall be construed to prevent an attorney
representing a city, county, or town from bringing a nuisance action
described under IC 32-30-6-7(b) against a landlord or owner of a rental
unit.

Legislative History

As added by P.L.266-2017, SEC.2. Amended by P.L.86-2018, SEC.227.