State Sen. David Niezgodski has asked Indiana Attorney General Todd Rokita to intervene after a South Bend mobile home park informed tenants they must remove all window air conditioning units by Tuesday, July 1. Photo by Indiana Democrats.

News Release

SOUTH BEND — A state senator is asking Indiana Attorney General Todd Rokita to intervene after a South Bend mobile home park informed tenants they must remove all window air conditioning units by July 1.

Sen. David Niezgodski, D-South Bend, is calling for Rokita to evaluate whether emergency action or legal guidance is warranted to address what he described as a potential threat to tenant health, especially amid summer heat.

Residents of Countryside Village, a mobile home park owned by YES Communities, were recently notified of the policy, which would leave some households without air conditioning just weeks into the summer season. The company has not responded to a request for comment.

The community’s guidelines prohibit exterior additions, including window A/C units, fences, and antennas, citing aesthetic standards. While the ban appears to align with the lease agreements, Niezgodski raised concerns about habitability, landlord responsibilities under Indiana law, and whether the policy could unfairly displace lower-income residents or force out older mobile homes.

The senator noted that a 2020 state law, enacted over a gubernatorial veto, limits local governments from adding tenant protections beyond state regulations, potentially complicating efforts to challenge such policies at the local level.

Legal experts have said that if the ban is allowed under current leases, tenants may have few legal options. Still, Niezgodski urged Rokita to assess whether the timing and potential consequences of the policy could constitute unfair or deceptive business practices.

YES Communities has enforced similar rules in other states. In 2023, a community it operates in Cedar Rapids, Iowa, issued removal notices for window A/C units. A similar situation occurred in Kirby, Texas, earlier this year.

The company’s website lists new home prices at Countryside Village ranging from $52,499 to $115,699, with monthly rents between $1,269 and $1,429.

Niezgodski is asking state and local officials to pause or reverse the air conditioning policy and allow lawmakers to address the issue during the next legislative session. Rokita’s office has not commented publicly on the matter.

High temperatures are expected to continue through the holiday weekend, leaving many tenants to choose between removing their window units or risking their health in homes without cooling options.