HB 1214 Indiana House · 2022 Regular Session

Residential eviction actions.

Summary
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 status signed all 5 stages cleared
Introduction
Feb 2022
Committee Review
Feb 2022
House Passage
Jan 2022
Senate Passage
Feb 2022
Signed into Law
Mar 2022
Introduced Feb 28, 2022 Signed Mar 18, 2022
Floor votes · Senate Feb 22, 2022

How they voted

460
Passed · 1 other
Total votes 47
Feb 22, 2022
D Democratic11
11 Yea
100% Yea
R Republican36
35 Yea 1
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
5
Committee
3
Amendments
2
Mar 18, 2022
Signed into law
Signed by the Governor
executive
Mar 1, 2022
Amended
House concurred in Senate amendments; Roll Call 314: yeas 91, nays 0
lower
Feb 28, 2022
Introduced
Motion to concur filed
lower
Feb 23, 2022
Amended
Returned to the House with amendments
upper
Feb 22, 2022
Upper · Passed
Third reading: passed; Roll Call 234: yeas 49, nays 0
upper
Feb 17, 2022
Upper · Passed
Committee report: amend do pass, adopted
upper
Jan 26, 2022
Committee
Referred to the Senate
lower
Jan 25, 2022
Lower · Passed
Third reading: passed; Roll Call 78: yeas 89, nays 0
lower
Jan 20, 2022
Lower · Passed
Committee report: amend do pass, adopted
lower
3 primary · 31 co-sponsors

Sponsors