Bauer comments on renters protections bill for Hoosiers

Yesterday, Dec. 11, Indiana State Fire Marshal Steve Jones and South Bend Fire Department Chief Carl Buchanon provided an update on the investigation into the fatal Jan. 21, 2024, LaPorte Avenue house fire in South Bend. The cause of the fire remains undetermined.

However, key findings in the investigation have brought attention to serious safety concerns regarding the conditions of the home at 222 N. LaPorte Ave. In the months leading up to the fire, the residence had failed a federally mandated safety inspection, revealing multiple issues, including documented electrical problems. While investigators could not definitely link the fire’s cause to these electrical issues, the history of safety concerns raises significant questions.

The investigation highlights the need for increased renter protections and safety for renters in Indiana. State Rep. Maureen Bauer (D-South Bend) has previously called attention to the lack of protections for Indiana tenants when landlords fail to maintain safe living conditions. Currently, Indiana law does not allow tenants to withhold rent when their housing conditions are unsafe or fail to meet safety standards.

Neighboring states have established rent escrow accounts, providing tenants with a way to protect themselves and their families, and encourage landlords to make necessary home repairs. These escrow accounts enable tenants to temporarily pay their rent into a legal account rather than directly to the landlord until the necessary unsafe or uninhabitable repairs are made.

Once repairs are made, the rent is released to the landlord. Without such protections in place in Indiana, tenants are left vulnerable to living in poor and unsafe living conditions and may even face retaliation of eviction.

Bauer released the following statement on the recent investigation announcement: 

“While our thoughts remain with the Smith family and members of the South Bend Fire Department, the LaPorte Avenue tragedy can be prevented from happening again in our community. I am committed to fighting for stronger tenant rights and protections, which include rent escrow accounts in Indiana. Our current laws favor landlords even when their properties fail to meet basic safety standards, and this needs to change. For this reason, Sen. Niezgodski and I will be filing companion legislation in the House and Senate to establish escrow accounts for renters in Indiana.

“The results of the LaPorte Ave. fire investigation, and undetermined cause, highlight the urgency of fire prevention measures, particularly during the colder months when fire risks increase. To help mitigate the risk of future tragedies, the South Bend Fire Department continues to offer its FREE smoke detector program to local residents, emphasizing the importance of functioning smoke alarms in all homes.

“The focus now shifts to preventing future tragedies through better legislation, enforcement and protections. As the 2025 legislation approaches, the legislature must prioritize a commitment to creating safe and stable home environments for families across our state, while still supporting landlords who are committed to this effort.”