Local

Fort Wayne city council introduced G-16-09-17 which seeks to create a Chronic Problem Property ordinance. IAA worked with the city administration on an amendment which ensures police runs are calculated on a per-unit basis and requires remediation plans be executed with residents who are also responsible for user fees and penalties. IAA continues to have concerns with the overall fair housing implications but appreciate the city’s efforts to treat residents in multifamily properties the same as single-family owners.

Status: The proposal has been tabled until April.

Introduced Language

Proposed Amendment

Muncie City Council Adopts Rental Affidavit Requirement and Penalties –Effective September 1, 2017

Terre Haute Council Updates Fire Code, Creates Inspections for Class 1 Properties but Exempts Multifamily

IAA Local Issues – 2016

Bloomington: The mayor has publicly expressed interest in adopting an ordinance to mandate inclusionary zoning for all types of housing. IAA understands the mayor has been demanding developers to participate in this program before having their projects approved which is very troubling. This is the first such attempt within the state but many cities across the nation have mandated similar language which require developers to set aside a certain percentage of units in all new projects for affordable housing (typically defined by a set percentage of the Area Median Income). Some programs include language which allow a payment in lieu of fee which allows a developer to bypass including affordable units in exchange for paying the city a set per unit fee for each unit that would otherwise become affordable housing. IAA and several other groups are currently working with the Indiana Business Research Center on a housing study to better understand the needs of the area. Existing data appears to include student housing which can lower the average income and increase the average rents.

Bloomington: The Council recently approved a proposal to create an Affordable Housing Fund which will be administered by the Housing and Neighborhood Development Department. The purpose of the fund will be to provide financial assistance to support individuals and families with income at or below 130% of the county’s median income to enable those individuals and families to purchase, lease, or otherwise acquire or occupy residential units within the city; purchase property to be used for affordable housing, and develop that property as affordable housing serving those with income at or below 130% of the county’s median income; make grants, loans, and loan guarantees for the development, rehab, or financing of affordable housing serving those at or below 130% of the county’s median income for those including the elderly, persons with disabilities, and homeless individuals; provide technical assistance or other support to nonprofit developers of affordable housing; and pay expenses of administering the fund. View Ordinance 16-41

Bloomington: The Council approved sewer rate increases to begin in 2017 and will ask the Indiana Utility Regulatory Commission (IURC) to approve a water increase. The sewer increase will result in an increase of 22% beginning January 1, 2017 and the local utility must receive approval from the IURC before implementing any water increases. View Ordinance 16-10

Bloomington: Circulated a draft regulating short-term rentals. The draft targeted residents who sublease their units and homeowners posting their homes on websites such as Airbnb. The draft stopped short of outlawing such practices but created a number of restrictive measures which could make it more difficult for offering local short-term rentals. The draft was supposed to be introduced in November but council members indicated it would not introduced until it was reworked at a later date. View Draft

Carmel: Council approved an ordinance which recommends new projects include long-term bicycle parking and in some instances showers. The language was initially proposed as a mandate but council members were sympathetic to the potential cost of complying with the language. View Introduced Ordinance Z-613-16

Crawfordsville: Considering an ordinance to create a rental registration and inspection program. The rental registration program would require a $5 per property annual fee to be paid by January 31 going forward. The inspection program requires rental units to be inspected at least every five years and includes an exemption for those multifamily properties that have passed certain 3rd party inspections. Originally the proposal included a $100 per inspection fee but this was amended out during second reading. View Proposal

Evansville: The City has been seeking to increase both water and utility rates. The Indiana Utility Regulatory Commission (IURC) recently approved increases to water rates in two phases. The Council is currently discussing a proposal to increase sewer fees from 2017-2020. View IURC Settlement Agreement View Ordinance F-2016-31

Evansville: IAA participated in a workgroup formed by a Council member requesting changes to the Good Neighbor Ordinance. The amendment included changes to what types of offenses are classified as tier one or tier two within the strike system, eliminated small amounts of marijuana possession from the list of offenses, clarified that if a property has already initiated an eviction or if the resident already vacated then the property is not required to initiate eviction proceedings after receiving notice from the Police Department, required a property initiating an eviction proceeding due to an Eviction Filing Order from the Police Department provide proof of the complaint within three business days of its filing, and clarified that if an address for an owner listed in the rental registry and Vanderburgh County Assessor’s office differs then notice shall be sent to both addresses. Additionally the amendment tightened up some language requiring the Police Department to base their violations based on the preponderance of evidence and added language regarding victims of domestic violence. The ordinance amending the existing Good Neighbor Ordinance was adopted and effective upon passage in April. IAA remains very concerned about potential discrimination and disparate impact on protected classes. View Ordinance G-2016-10

Fishers: Adopted an update to their park impact fee Zone Improvement Plan and increased the existing Park Impact Fee. A report from Umbaugh recommended multifamily be assessed a flat per unit impact fee as opposed to setting the fee based on the number of bedrooms in each unit. View Ordinance 041816E

Indianapolis: Adopted the Public Art for Neighborhoods Program ordinance requires developers receiving awards utilizing TIF funds in projects with construction costs of more than $100,000 to contribute 1% of the value of the award to the Public Art for Neighborhoods Program. Developers including public art on the specified project may receive a credit toward what would otherwise be owed. Section 42 projects and portions of projects with Section 42 properties are exempt. View Ordinance 1

Indianapolis: Reorganized various local departments and renamed the existing Department of Code Enforcement to the Department of Business and Neighborhood Services. View Ordinance 207

Kokomo: Introduced a proposal to create a “Chronic Nuisance Property” designation for properties who have three police runs in a calendar month for thefts under $50 and/or three ordinance violations or verified complaints of Prohibited Conduct in any 60 day period. Once the threshold has been reached the penalties are: $250 for the first violation at the property, $500 for the second violation; and $2,500 for the third and any subsequent violations. View Ordinance 6825

New Albany: Adopted an annual rental registration program effective January 31, 2017. There was initially an inspection and compliance component included in the proposal but was later amended out. IAA attended the Council meeting to voice numerous concerns with the inspection and penalties provision which likely contributed to the language being removed. View Ordinance

New Albany: Adopted language to amend its existing municipal code impacting maintenance and inspections. Existing code allowed for complaint-based inspections of rental units and was amended to include all types of housing. Language also required screens in windows, amended egress requirements, increased penalties from $10 to $50 per day for each offense but not more than $4,500. View Ordinance G-16-2

South Bend: Adopted a rental registration program, including a $5 per property annual fee. Fines and penalties collected go towards the replacement of sidewalks and curbs. The ordinance requires units to be registered annually not later than September 15th although the date is extended to December 30, 2016 for the first year. View Ordinance 10427-16

Terre Haute: The Council recently amended Proposal 15 to increase sewer rates effective December 1 and January 1, 2018. The amended proposal was adopted by a vote of 6-3. Effective December 1 the sewer rate will be equal to $8.58 per one hundred cubic feet. Effective January 1, 2018 sewer rates increase to $9.01 per one hundred cubic feet. Sewer rates were last increased on July 1, 2015 and are currently equal to $7.40 per one hundred cubic feet. Throughout the year Terre Haute has been discussing a variety of proposal to increase revenue including the creation of a storm water user fee which ultimately was voted down unanimously. View Ordinance 15