SOUTH BEND, Ind. -- A local State Representative has introduced a bill to the Indiana State House that would give tenants more rights and more routes to seek legal action against landlords that ignore essential services. 

State Rep. Maureen Bauer (D-South Bend) was impassioned by the deadly Smith Six fire that claimed the life of Angel, Demetris, Davida, Deontay, D'Angelo and Faith Smith when the house they were renting on South Bend's LaPorte Avenue burned down in January of 2024.

According to the Indiana State Fire Marshal, the official cause of the fire is "undetermined," however, the rental house failed a safety inspection just six months before.

“The process failed the people once again. There’s no justice for them,” said Rodney Gadson, the president of the South Bend Tenant Association.

Many local rental properties and apartment complexes are owned by out-of-state companies that often do not have a local property manager on staff. 

“We have a lot of out-of-state landlords where you can’t even contact your landlord if you need a repair,” Bauer said.

“We’ve heard from individuals with bedbug issues or have other issues with rodents or mold. Just have really harsh or uninhabitable living conditions that you or I wouldn’t want.”

On Monday, Bauer and State Rep. Sue Errington (D-Muncie) introduced House Bill 1328, which would force landlords to pay for what the bill defines as "essential services," as well as "all penalties or fines imposed by a political subdivision for violation of the landlord's obligations with regard to a rental premises."

It also states that during any court cases that may take place between the landlord and the tenant, the tenant may pay rent to a clerk of the court, or a attorney trust account, "to be held in trust for disbursal to the prevailing party, as ordered by the court."

House Bill 1328 states, in part: 

"For purposes of a residential rental unit, defines: (1) "essential services" as certain utility services needed for the safe and habitable occupation by a tenant of the tenant's rental unit; and (2) "essential systems" as certain systems used to deliver essential services to a rental unit. Requires a landlord to repair or replace an essential system not later than 48 hours after being notified by a tenant that the tenant's rental unit is without essential services as a result of: (1) a malfunction in the essential system; or (2) the landlord's failure to maintain the system in good and safe working condition.

Requires a landlord to pay all penalties or fines imposed by a political subdivision for violation of the landlord's obligations with regard to a rental premises.

Requires a landlord to pay all penalties or fines and make all repairs required by a political subdivision before the landlord may deliver the rental premises to a tenant. Provides that a tenant may enforce a statutory obligation of a landlord by: (1) providing 30 days notice to the landlord of the landlord's noncompliance with the obligation; and (2) if the landlord fails to make the repairs necessary to remedy the noncompliance, withholding from the next regular rental payment the estimated cost of the repairs and using the amount withheld to make the repairs.

Provides that, during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (1) the clerk of the court; or (2) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court."

Read the full bill below: