COVID-19 Information for Indiana
The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This resource is not intended to provide a mandatory standard of care for the industry.
State and Local Affiliates
Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.
State Legal and Regulatory Information
We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws, and other policy issues.
Shelter in Place
Effective Monday, May 4, 2020 through Saturday, May 23, 2020, Indiana will begin its Back On Track Indiana plan which will see staggered reopening of retail and other non-essential businesses. The state’s Shelter-In-Place order expired on Friday, May 1, 2020.
Governor Holcomb signed Executive Order 20-28 which lays out Stage Three of opening Indiana. The order goes into effect at 12:00 a.m. on Friday, May 22, 2020 and will remain in effect until Saturday, June 13, 2020 at 11:59 p.m. The order allows all Indiana counties, except for Cass, Lake, and Marion county to transition to Stage 3.
State of Emergency
Governor Eric Holcomb declared a public health emergency on March 6.
Action: On March 19, 2020, Governor Holcomb signed a supplement to Executive Order 20-02, implementing a moratorium on evictions until the state of emergency is terminated.
Scope: No eviction actions or judicial proceedings may be initiated during this period.
COVID-19 Related Impact Requirement: No.
Residents Responsible for Rent: Yes.
Additional Commentary: The Supreme Court of Indiana issued clarifying guidance that filings are still being accepted, urging courts to consider public health, safety, and property values when using their discretion to decide whether to stay non-emergency proceedings.
Rental Assistance/Housing Provider Assistance
No statewide emergency rental assistance for Indiana.
No rent freeze is in effect at the state or local level. Local rent regulation is preempted by Indiana Code: § 32-31-1-20.
Under Indiana Code, § 126.96.36.199.2, statutory law governs price gouging of petroleum and gas products during a declared emergency. There is no statutory language governing the restriction or control of rental housing pricing during times of emergency.