Indiana lawmakers push for tenant protections after Smith Six fire 

 

SOUTH BEND, Ind.---The official ruling for the cause of the deadly Laporte Avenue fire that killed the Smith Six in January is "undetermined." But it still has people angry and asking for change. ABC57 confirmed it was a rental and that it failed a safety inspection prior to the fire.

It's bringing the conversation about tenant's rights to the forefront, and one Indiana lawmaker is trying to tighten protections for tenants.

"The Laporte Avenue fire was one of the worst fires we've had in our history," said State Rep. Maureen Bauer (D-South Bend).

The Smith Six-- Angel, Demetris, Davida, Deontay, D'Angelo and Faith-- perished in a house fire in January.

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

The official cause of the fire is "undetermined," coming down from the state fire marshal. However, the rental house failed a safety inspection just six months before.

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

As a state representative, she says it’s a common complaint she gets.

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

Indiana municipalities don't have authority over housing issues; it needs to come from the state-level.

“Indiana is one of a handful of states that doesn’t have what’s called rent escrow legislation,” Bauer said.

This means if a serious problem is not fixed in a rental, the rent payments can go to a court escrow account until the repairs are made.

“Indiana doesn't have that," Bauer said, "so you have to continue paying your rent even if your home is uninhabitable.”

She's now trying to bring that legislation to the Hoosier state.

"We have some renewed hope that this legislative session will have two companion bills moving both in the house, that I will author, and in the senate, that Senator Niezgodski will author,” she said.

Gadson said laws like this are a step in the right direction.

“It will hold landlords accountable," he said. "Accountable for what? At least the basics. Heat, electrical, water. Those damages should be done in 72 hours."