SF 2220 (LSB 5606XS (4) 86)

SENATE FILE 2220

BY  HOGG

A BILL FOR

An Act relating to the right of a tenant or resident to summon emergency assistance.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.304, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  A county shall not adopt or enforce any ordinance or regulation in violation of section 562A.27B or 562B.25B.
    Sec. 2.  Section 364.3, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  A city shall not adopt or enforce any ordinance or regulation in violation of section 562A.27B or 562B.25B.
    Sec. 3.  NEW SECTION.  562A.27B  Right to summon emergency assistance —— waiver of rights.
   1.  a.  A landlord shall not prohibit or limit a resident’s or tenant’s rights to summon law enforcement assistance or other emergency assistance by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency.
   b.  A landlord shall not impose monetary or other penalties on a resident or tenant who exercises the resident’s or tenant’s right to summon law enforcement assistance or other emergency assistance.
   c.  Any waiver of the provisions of this subsection is contrary to public policy and is void, unenforceable, and of no force or effect.
   d.  This subsection shall not be construed to prohibit a landlord from recovering from a resident or tenant an amount equal to the costs incurred to repair property damage if the damage is caused by law enforcement or other emergency personnel summoned by the resident or tenant.
   e.  This section does not prohibit a landlord from terminating, evicting, or refusing to renew a tenancy or rental agreement when such action is premised upon grounds other than the resident’s or tenant’s exercise of the right to summon law enforcement assistance or other emergency assistance by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency.
   2.  a.  An ordinance, rule, or regulation of a city, county, or other governmental entity shall not authorize imposition of a penalty against a resident, owner, tenant, or landlord because the resident, owner, tenant, or landlord was a victim of abuse or crime.
   b.  An ordinance, rule, or regulation of a city, county, or other governmental entity shall not authorize imposition of a penalty against a resident, owner, tenant, or landlord because the resident, owner, tenant, or landlord sought law enforcement assistance or other emergency assistance for a victim of abuse, a victim of a crime, or an individual in an emergency, if either of the following is established:
   (1)  The resident, owner, tenant, or landlord seeking assistance had a reasonable belief that the emergency assistance was necessary to prevent the perpetration or escalation of the abuse, crime, or emergency.
   (2)  In the event of abuse, crime, or other emergency, the emergency assistance was actually needed.
   c.  This subsection does not prohibit a city, county, or other governmental entity from enforcing any ordinance, rule, or regulation premised upon grounds other than a request for law enforcement assistance or other emergency assistance by a resident, owner, tenant, or landlord, or the fact that the resident, owner, tenant, or landlord was a victim of crime or abuse.
   3.  For purposes of this section, “resident” means a member of a tenant’s family and any other person occupying the dwelling unit with the consent of the tenant.
    Sec. 4.  NEW SECTION.  562B.25B  Right to summon emergency assistance —— waiver of rights.
   1.  a.  A landlord shall not prohibit or limit a resident’s or tenant’s rights to summon law enforcement assistance or other emergency assistance by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency.
   b.  A landlord shall not impose monetary or other penalties on a resident or tenant who exercises the resident’s or tenant’s right to summon law enforcement assistance or other emergency assistance.
   c.  Any waiver of the provisions of this subsection is contrary to public policy and is void, unenforceable, and of no force or effect.
   d.  This subsection shall not be construed to prohibit a landlord from recovering from a resident or tenant an amount equal to the costs incurred to repair property damage if the damage is caused by law enforcement or other emergency personnel summoned by the resident or tenant.
   e.  This section does not prohibit a landlord from terminating, evicting, or refusing to renew a tenancy or rental agreement when such action is premised upon grounds other than the resident’s or tenant’s exercise of the right to summon law enforcement assistance or other emergency assistance by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency.
   2.  a.  An ordinance, rule, or regulation of a city, county, or other governmental entity shall not authorize imposition of a penalty against a resident, owner, tenant, or landlord because the resident, owner, tenant, or landlord was a victim of abuse or crime.
   b.  An ordinance, rule, or regulation of a city, county, or other governmental entity shall not authorize imposition of a penalty against a resident, owner, tenant, or landlord because the resident, owner, tenant, or landlord sought law enforcement assistance or other emergency assistance for a victim of abuse, a victim of a crime, or an individual in an emergency, if either of the following is established:
   (1)  The resident, owner, tenant, or landlord seeking assistance had a reasonable belief that the emergency assistance was necessary to prevent the perpetration or escalation of the abuse, crime, or emergency.
   (2)  In the event of abuse, crime, or other emergency, the emergency assistance was actually needed.
   c.  This subsection does not prohibit a city, county, or other governmental entity from enforcing any ordinance, rule, or regulation premised upon grounds other than a request for law enforcement assistance or other emergency assistance by a resident, owner, tenant, or landlord, or the fact that the resident, owner, tenant, or landlord was a victim of crime or abuse.
   3.  For purposes of this section, “resident” means a member of a tenant’s family and any other person occupying the dwelling unit with the consent of the tenant.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the right of a tenant or resident to summon emergency assistance and prohibits a landlord, city, county, or other governmental entity from penalizing a tenant, resident, owner, or landlord for seeking emergency assistance.
   The bill provides that a landlord shall not prohibit or limit a resident’s or tenant’s right to summon law enforcement assistance or other emergency assistance for a victim of abuse, a victim of crime, or an individual in an emergency. The bill provides that a landlord cannot impose monetary or other penalties on a resident or tenant who summons such emergency assistance, and that any waiver of such right is void and unenforceable. The bill does not prevent a landlord from recovering from a resident or tenant an amount equal to the costs incurred to repair property damage if the damage is caused by law enforcement or other emergency personnel summoned by the resident or tenant. The bill does not prevent a landlord from terminating or evicting a resident or tenant when such action is premised on grounds other than the resident’s or tenant’s exercise of the right to summon law enforcement assistance.
   The bill provides that an ordinance, rule, or regulation of a city, county, or other governmental entity shall not authorize imposition of any penalty against a resident, owner, tenant, or landlord because either the resident, owner, tenant, or landlord was a victim of abuse or crime. The bill provides that an ordinance, rule, or regulation of a city, county, or other governmental entity shall not authorize imposition of a penalty against a resident, owner, tenant, or landlord because the resident, owner, tenant, or landlord sought law enforcement assistance for a victim of abuse, a victim of crime, or an individual in an emergency if either the resident, owner, tenant, or landlord seeking assistance had a reasonable belief that the assistance was necessary or if the emergency assistance was actually needed. The bill does not prohibit a city, county, or other governmental entity from enforcing any ordinance, rule, or regulation premised upon grounds other than a request for law enforcement assistance or other emergency assistance for a victim of abuse, a victim of a crime, or an individual in an emergency.
   The provisions of the bill apply to Code chapter 562A (uniform residential landlord and tenant Act) and Code chapter 562B (manufactured home communities or mobile home parks residential landlord and tenant Act).