Substitute Bill 12-16 Proposed Landlord Registration Program

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Ordinance Addressing Landlord Registration Program Page 3 (b) All definitions referred to in this section which incorporate the state law definitions shall reflect the most recent version of the state law definitions. See. 6 -42 Registration Required and Elements of the Landlord Registration Program.3 (a) Beginning September 15, 2016, all owners or landlords of rental units within the city must begin to register with the Department of Code Enforcement via a method or form prescribed by the department. However, to assist in the first -time implementation of the regulations under this Article, for calendar year 2016 only, registration shall be extended to December 30, 2016. The registration form shall include the following: (1) The name, telephone number, email address and the commercial domicile address of the owner's physical business location. Additional listing of a secondary address which is not required to be physical, may also be given when used for availability to the public; (2) The name and address of- a. The person(s) residing in Indiana authorized to manage the rental unit; and b. The person listed as the "responsible party" with the Internal Revenue Service ;4 and c. The person who is authorized to act as agent for the owner for purposes of service of process and receiving and receipting for notices and demands on record with the Indiana Secretary of State's Business Services Division; and d. The property manager, if any, licensed by the Indiana Real Estate Commissions (3) Real property tax identification key number of each rental unit and /or rental unit community which the owner or landlord is submitting for registration purposes under this Article; (4) An affirmation of whether or not the rental units, the real property of which the rental units are a part, and any other rental unit property owned or registered by the owner in the city, are subject to any un- remediated citation or violation of the state and local codes and ordinances; 3 All landlords and owners are also required to comply to the applicable provisions of the City of South Bend's Human Rights Ordinance which are codified in South Bend Municipal Code § 2 -126 through § 2- 132.1., as well as applicable provisions of federal and state laws which include but are not limited to the Fair Housing Act which is Title VIII of the Civil Rights Act of 1968 codified at 42 United States Code § 3601 et seq.; the Architectural Barriers Act of 1968 codified at 42 United States Code § 4151, et seq.; Title II of the Americans With Disabilities Act of 1990 (ADA), codified at 42 United States Code § 12131, et seq.; and the Indiana Civil Rights Act codified at Indiana Code § 22 -9 -5. 4 The Internal Revenue Service requires the disclosure of the "name and taxpayer identification number of the true responsible party for the entity requesting an Employer Identification Number (EIN) ". 5 Indiana Code § 25 -34.1 sets for the Real Estate Brokers and Salespersons state law. Property management is covered under the broker and salesman's licenses by including renting, leasing, and managing covered activities. Limited exemptions are provided for such as "owners who only regulate activities are in relation to a maximum of 12 apartment units located on a single or contiguous parcels of land may rent them without a license ".