Although the federal moratorium on evictions ended Oct. 3, tenants in the Columbus area still struggling to pay full rent may still have alternatives to avoid being kicked out of their homes.
On Nov. 1, a statewide pre-eviction diversion program will go into effect. Its purpose is to enable faster distribution of rental assistance to landlords and tenants, according to the Indiana Supreme Court.
While all 92 Hoosier counties have been ordered to offer this program by the state’s highest court, Bartholomew Superior Court 2 Judge Jon Rohde says neither tenants nor landlords can be forced to participate against their will.
“(It’s) available only if both parties to the eviction agree to participate,” the judge said.
Local rules and regulations state that all evictions must be filed in the Bartholomew County Superior Court 2 Small Claims Court, Rohde said. The vast majority of these cases are handled by Magistrate David A. Nowak.
“We will give the proper information to the parties about the program, and then inquire if both parties agree to resolve their dispute through the program,” Judge Rohde said. “If they both agree, a case management plan will be developed to ensure the case is resolved. If they do not agree, the eviction would proceed according to the normal legal eviction process.”
If both parties agree to work together through the program, the eviction proceeding shall be stayed for 90 days. The court will then provide the landlord and tenant with a completed case management order that includes status conferences at 30 days and 60 days to monitor progress, according to the Indiana Supreme Court.
However, a court may lift the stay early if it is determines that a party is no longer actively following the case management order or participating in good faith.
“Implementation of this order will add a step in the process for evictions, and also give both parties an alternative way to resolve their case that isn’t currently available,” Judge Rohde explained.
The now-expired federal moratorium on evictions, which ended Oct. 3, did not end all evictions. In fact, Bartholomew County recorded 346 evictions from Jan. 1 to Oct. 28 of this year, county clerk Shari Lentz said.
Since Indiana counties have only recently begun to categorize evictions apart from other small claims, it’s impossible to compare the current level of tenants being ordered out of their dwellings with previous years, Lentz said.
However, tenants could always be evicted for intentionally damaging the rental property. Even during the moratorium, renters still had to meet certain circumstances such as falling under certain income guidelines, being able to demonstrate they could not make full payments, and show they were still doing their best to pay the most they could to their landlord, according to news reports.
Participation in the pre-eviction diversion program does not bar a landlord from filing claims against a tenant, including eviction proceedings, for any future events or acts, according to the Indiana Supreme Court.
But if both parties resolve their disputes through the program, the court can dismiss the case or the parties can file a diversion agreement, agreed entry, or agreed judgment.
The Indiana Eviction Task Force is scheduled to provide an updated final report to the Indiana Supreme Court in January.
Where to learn more
Landlords and tenants in need of assistance are encouraged to visit courts.in.gov/housing to learn about available rental assistance programs to cover some or all back rent for eligible tenants, free settlement conferences to discuss specific situations with help from a neutral facilitator, and potential resources for legal assistance.
