Preserving Habitability: Examining Tenant Protections and Policy Alternatives

Student Policy Network, University of Notre Dame prepared this excellent study on the nature of evictions in South Bend and Indianapolis. GIMA is thrilled to note that this is the first time Indiana Eviction Justice Network data has been used in a report. This data, collected by court watchers, tracks what actually happens in Marion County’s eviction courts. Things like tenant legal representation, length of case, habitability issues, reason for eviction, monies owed, etc., are not tracked by the courts and give a more complete picture of what Indiana tenants experience in court.

The students presented their data at a recent event and in addition to the full report, their presentation is also available. It is encouraging to see students so thoroughly engaged in housing advocacy. As one student from California noted, “I’m from a state that’s the opposite of Indiana where tenants have power. I had no idea it could be as bad as it is in Indiana.” The report aptly calls Indiana evictions the “Scarlett E,” and once branded people are unable to ever find stable housing without moving out of state.

It’s worth noting their conclusion:

“Indiana’s lack of strong eviction laws leaves more to be desired when it comes to protecting tenants. Legislation favoring landlords leads to high eviction rates and, when compared to other states, leaves Indianapolis’ tenants in a vulnerable position when trying to fight an eviction case. As described in this report, discriminatory and rushed court proceedings, the prominence of out-of-state landlords, and the lack of options for tenants to enforce habitability standards are just a few of the issues contributing to housing instability for Hoosiers.

In order to prioritize the well-being and rights of tenants across the state, changes must be made to create a more equitable Indiana. We strongly urge the Supreme Court of Indiana to institutionalize certain rules that would slow down court proceedings. Further, we encourage the Indiana General Assembly to consider passing legislation that would enforce “good cause” eviction rules, empower tenant unions in the state, and leverage the LIHTC program in Indianapolis.”