COA reinstates small claims case after COVID cancelation of vacation
A small claims case arising from a COVID-canceled vacation will return to the trial court after the Indiana Court of Appeals found dismissal was improper.
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Advocates, landlords have differing views of housing bill veto override
Legal aid providers are uncertain what will happen now that the Indiana General Assembly has enacted a law that is seen as giving more favor to landlords, but they fear it will exacerbate the growing problem of evictions in Indiana and lead to more families being put on the street.
Children’s Museum lawsuit over Drake moves ahead amid talks with developer
An effort by the Children’s Museum of Indianapolis to overturn the city’s designation of the Drake apartment building as a historic property has been transferred to federal court — even as the organization continues working with city officials on a plan to salvage the nearby building.
House votes to override governor’s veto of landlord-tenant bill, allowing it to become law
The GOP-controlled Indiana House has voted to override Republican Gov. Eric Holcomb’s veto of a controversial landlord-tenant bill, allowing the measure to become law. The measure could eliminate local regulation of rental properties, most notably in Indianapolis. Both Holcomb and Democratic Indianapolis Mayor Joe Hogsett expressed disappointment in the Legislature.
Legislature overrides Holcomb veto of housing measure
Nearing the mid-point of the 2021 legislative session, the Indiana Senate overrode Gov. Eric Holcomb’s veto of a bill that housing advocates claimed would put more Hoosier tenants at risk of eviction. Democrats harshly criticized the override as the work of a Republican supermajority “drunk on power.”
Family can pursue discrimination lawsuit against HOA
An African American family who claims to have been subjected to race-based harassment, taunts and threats from a neighbor in their Indianapolis subdivision can move forward with their lawsuit after a federal judge denied the homeowners association’s request to toss the case.
Housing bills drawing outside attention but no committee hearings
A bill has been introduced in the Indiana House that resurrects language Gov. Eric Holcomb vetoed last legislative session and housing rights group say would put more Hoosiers at risk of eviction.
New Indiana case code tracking evictions as data shows impact of moratoriums
A new code in Indiana’s case numbering system is enabling the courts, state agencies and other entities to track and tally the petitions filed for evictions. But fresh data tracking trends nationwide shows evictions in Indiana are far surpassing numbers of other states being studied.
Female tenant settles sexual harassment suit against Indianapolis landlord
An Indianapolis landlord has agreed to pay nearly $46,000 to settle a lawsuit that alleged he proposed exchanging sex for rent from a female tenant who lost her job during the early stages of the COVID-19 pandemic.
Ruling barring Abercrombie & Fitch from closing Simon stores upheld
The Indiana Court of Appeals has affirmed a preliminary injunction for Simon Property Group that prevented retail-clothing store Abercrombie & Fitch from permanently closing stores in dozens of Simon malls.
Website offers help to renters facing eviction
Neighborhood Christian Legal Clinic has partnered with the city of Indianapolis to create a special website to help Hoosiers around the state who are behind on rent and facing eviction.
Indiana providing rental assistance during virus outbreak
Indiana’s Rental Assistance Portal is accepting applications for a program that provides eligible renters with up to six months in rental assistance to help cover past due and ongoing monthly payments.
Settlement program offers alternative to eviction
As the uncertainty continues over how many struggling Hoosiers could be evicted in the coming months, the Indiana Supreme Court is trying through the new Landlord and Tenant Settlement Conference Program to prevent housing loss and all the bad ramifications that can ensue by inviting landlords and tenants to first have a conversation.
Charges dropped against couple after 3 children die in fire
An Indiana couple will no longer face neglect charges in the deaths of their three children during a fire in an apartment which had no gas, electricity or water service.
State dishes out $14M to landlords through rental assistance program
The state has paid $14 million to landlords so far through its rental assistance program, officials announced on Wednesday.
CDC directs halt to renter evictions to prevent virus spread
The Trump administration has issued a directive halting the eviction of certain renters though the end of 2020 to prevent the spread of the novel coronavirus. Renters covered through the executive order must meet four criteria in eviction cases.
City working to reduce rent-relief waiting list of 25,000
The city of Indianapolis is ramping up its COVID-19 rental assistance program with plans to process about 1,000 applications a day while the funding lasts.
Settlement program aims to reduce eviction filings
The Indiana Supreme Court is launching a new mediation program to help stem the anticipated flood of evictions by facilitating settlement agreements between tenants facing eviction and landlords trying to collect rent.
More than 30,000 Hoosiers apply for state rental assistance
More than 30,000 Hoosiers who have fallen behind on rent because of the COVID-19 pandemic have applied for financial assistance from the state — nearly triple the amount Indiana officials originally expected.
IndyBar: In the Age of COVID-19, the Force Majeure Clause Takes Center Stage
Recently, in the case of In re Hitz Restaurant Group (2020 Bankr. LEXIS 1470 (N.D. Ill. June 2, 2020)), the United States Bankruptcy Court for the Northern District of Illinois-Eastern Division held that a force majeure clause in a lease excused a restaurant tenant from its obligation to pay a portion of post-petition rent.