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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.

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.

Reopening Order

Indiana is currently in Phase 5 of its reopening plans. Under Phase 5, employers must adhere to face covering requirements and social gathering limitations are removed. 

Face Mask Mandate

Governor Holcomb required that every individual in the state wear a face covering inside a business, public building, or other indoor place open to the public. 

State of Emergency

Governor Eric Holcomb declared a public health emergency on March 6.

Eviction

Status: Evictions Can Resume

Indiana Supreme Court CDC Implementation Guidance

  • Action: The Supreme Court released a Frequently Asked Questions guidance document about the implementation of the CDC Eviction Moratorium Order.
  • Description: The document states that if a person completes a declaration, a pending case against them will be continued and reset for a hearing date after the moratorium is lifted in order to help courts manage their dockets. This is described as best practice. Any scheduled move out entered prior to September 4, 2020 will still take place. The document also asserts that evidentiary hearings are available to resolve disputes of the declaration’s accuracy and truthfulness. Either party can request such a hearing before the court.

Executive Order 20-02 (Expired)

  • Action: On March 19, 2020, Governor Holcomb signed a supplement to Executive Order 20-02, implementing a moratorium on evictions through August 14, 2020.
  • 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: Indiana Legal Services has created a new program called the Tenant Legal Assistance Clinic in partnership with Brightpoint and the local volunteer lawyer program as a way to assist landlords and tenants in reaching settlements. Tenants who think they may be evicted can also call the program and get information. Also being developed is a program called the Facilitated Settlement Conference Program, which will allow landlords and tenants to have a neutral third party facilitator to arbitrate disputes and help develop a resolution. 

Rental Assistance/Housing Provider Assistance

Governor Eric Holcomb announced on Wednesday the Indiana COVID-19 Rental Assistance Program, which will use $25 million in federal CARES Act funding to help Hoosiers struggling to pay rent.

It will provide up to $500 per month for four months, totaling a maximum of $2,000. The assistance is for eligible renters to help cover past and ongoing rent payments or late fees. The program begins accepting applications on July 13 at IndianaHousingNow.org, and could help up to 12,000 households.

Rent Freeze

No rent freeze is in effect at the state or local level. Local rent regulation is preempted by Indiana Code: § 32-31-1-20.

Price-Gouging Law

Under Indiana Code, § 4.6.9.1.2, 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.

Local Legal and Regulatory Information

Columbus

Rental Assistance/Housing Provider Assistance

The Columbus Board of Works and Public Safety has set aside $200,000 to provide emergency financial assistance to pay rent and utility bills for local residents Initially, the city will attempt to limit expenditures on rental or utility assistance to $125,000. However, an additional $75,000 has been set aside in the event that more assistance is required.

This program provides assistance to City of Columbus residents who are in danger of becoming homeless due to their inability to pay their monthly rent as a result of COVID-19. Assistance is available for up to three months of rent or utilities (gas, sewer/water, electric) as need is documented payable to the landlord or applicable utility. The program eligibility requirements include, but are not limited to:

  • Must qualify as low-to-moderate income and provide required documents such as: identification, proof of income, bank statements, documentation of need, etc.
  • Must have a delinquency notice from landlord or utility.
  • Documentation of financial hardship (examples: loss of income as it relates to a COVID job loss, deduction in hours or furlough).
  • Documentation of future financial status (expected recall information, etc.).
  • Must be a City of Columbus resident as of January 1, 2020.
  • Location of rental unit must be within the Columbus City limits.

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Evansville

Rental Assistance/Housing Provider Assistance

The city is set to receive more than $700,000 for rent assistance and other homelessness prevention efforts and to support homeless shelters via an annual Housing and Urban Development (HUD) grant three times larger than usual.

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Fort Bend

Rental Assistance/Housing Provider Assistance

Fort Bend County launched a new program to help residents pay rent, utilities and mortgage during the coronavirus pandemic. A total of $19.5 million for rental and mortgage assistance will be distributed in three phases between June and November. The county also has $2 million in funds for utility assistance.   

The maximum amount an approved applicant can receive is $2,000 per month per household: up to $1,500 for rent or mortgage and up to $500 for utilities. Applicant’s funds will go directly to his or her landlord, mortgage company or utility company to reduce fraud.

Fort Bend County residents can apply for the financial assistance by calling 281-238-2273 or going online to their Rental, Mortgage & Utility Assistance Program.

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Indianapolis

Rental Assistance/Housing Provider Assistance

Indianapolis has dedicated $15 million that will be spent on rental assistance for Indianapolis residents who have been impacted by COVID-19.

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