Residents in a South Bend mobile home community oppose a management rule banning standard window air conditioners.

According to the management’s website, Countryside Village imposed the policy to “maintain the appearance and standards of the community.” The dangerously hot weather can pose health risks but one lawmaker questions if the rule is masking another purpose: to force lower-income dwellers out of the community.

Sen. David Niezgodski, D-South Bend, has asked Attorney General Todd Rokita to step in.

“I asked for his assistance to try to put, if nothing else, a stay with the owners of Countryside Village from requesting that tenants there that have window air conditioners to not have those removed in the dead heat of the summer,” Niezgodski explained.

The 2024 State of Fair Housing Indiana Report said state health department records show there were almost 1,100 registered mobile home communities across Indiana as of 2023, with an estimated 89,000 total housing lots. Of those homes, 69% are owner-occupied and 31% are renter-occupied mobile manufactured home units.

The report also showed in land-leased communities, resident homeowners are subjected to the rules and regulations of the park owner and their designated property managers. The air conditioning ban points to a larger argument of landlord and tenant rights under Indiana housing law.

Niezgodski acknowledged legislation in 2020 supported the ban, despite a gubernatorial veto removing local government intervention in cases which would increase tenant rights and protections. He has spoken with two other legislators about changes to the measure.

“The legislation that was passed was never intended for these types of things to happen,” Niezgodski stressed. “What I hope is that we can collectively come together and figure out a way that brings attention to this and helps to alleviate something from happening in this matter again.”

Niezgodski applauded community support through several donations of internal air conditioning units without visible outside parts to the residents but he remains concerned the potential existed for people to lose their homes or be placed, in his words, “in an untenable situation” due to the extreme heat because of a lack of cool air.