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PAG LIN 1 1 Section 1. NEW SECTION. 124D.1 TITLE. 1 2 This chapter may be cited as the "Iowa Expedited Eviction 1 3 of Drug Traffickers Act." 1 4 Sec. 2. NEW SECTION. 124D.2 DEFINITIONS. 1 5 As used in this chapter, unless the context otherwise 1 6 requires: 1 7 1. "Complete eviction" means the eviction and removal of a 1 8 tenant and all members of the tenant's household. 1 9 2. The following terms shall have the same meaning as 1 10 those terms are used in chapter 124: 1 11 a. Controlled substance. 1 12 b. Distribute. 1 13 c. Manufacture. 1 14 d. Possession with intent to manufacture or deliver. 1 15 3. "Department" means the Iowa department of public 1 16 health. 1 17 4. "Drug dependent person" means a person who is a 1 18 chemically dependent person as defined by the Iowa department 1 19 of public health. 1 20 5. "Drug-related criminal activity" means the unlawful 1 21 manufacture, sale, distribution or possession with intent to 1 22 manufacture or deliver, a controlled substance in violation of 1 23 chapter 124, or an unlawful attempt or conspiracy to commit 1 24 such an act. 1 25 6. "Guest" means any natural person who has been given 1 26 express or implied permission by a tenant, a member of the 1 27 tenant's household, or another guest of the tenant to enter an 1 28 individual rental unit or any portion of the entire premises. 1 29 7. "Individual rental unit" means an apartment or 1 30 individual dwelling or accommodation which is leased to a 1 31 particular tenant, whether or not it is used or occupied or 1 32 intended to be used or occupied by a single family or 1 33 household. 1 34 8. "Landlord" means a person, entity, corporation, or 1 35 governmental authority or agency who or which owns, operates, 2 1 or manages any leased residential premises. 2 2 9. "Leased residential premises" means a house, building, 2 3 mobile home, or apartment, whether publicly or privately 2 4 owned, which is leased for residential purposes. This term 2 5 includes the entire building or complex of buildings or mobile 2 6 home park and all real property of any nature appurtenant 2 7 thereto and used in connection therewith, including all 2 8 individual rental units and common areas. This term does not 2 9 include a hotel, motel or other guest house or part thereof 2 10 rented to a transient guest. 2 11 10. "Partial eviction" means the eviction and removal of 2 12 specified persons other than a tenant from a leased 2 13 residential premises. 2 14 11. "Resident" means any natural person who lawfully 2 15 resides in a leased residential premises who is not a 2 16 signatory to a lease or otherwise has no contractual 2 17 relationship to a landlord. The term includes but is not 2 18 limited to members of the household of a tenant. 2 19 12. "Tenant" means any natural person or any entity who is 2 20 a named party or signatory to a lease or rental agreement, and 2 21 who occupies, resides at or has a legal right to possess and 2 22 use an individual rental unit. 2 23 13. "Tenant organization" means an organization or 2 24 association, whether or not incorporated, which is 2 25 representative of the tenants or residents of any residential 2 26 premises, within one thousand feet of the leased residential 2 27 premises occupied by the tenant. The term also includes a 2 28 community based organization with members who are tenants of 2 29 the leased residential premises or are persons who reside 2 30 within one thousand feet of the leased residential premises 2 31 occupied by the tenant. 2 32 Sec. 3. NEW SECTION. 124D.3 NATURE OF ACTIONS AND 2 33 JURISDICTION. 2 34 The causes of action established in this chapter are civil 2 35 actions to evict or remove tenants, residents, or guests from 3 1 leased residential premises for drug-related activity. These 3 2 actions shall be brought in the district court. 3 3 Sec. 4. NEW SECTION. 124D.4 STANDARD OF PROOF. 3 4 The civil causes of action established in this chapter 3 5 shall be proved by a preponderance of the evidence, except as 3 6 otherwise expressly provided. 3 7 Sec. 5. NEW SECTION. 124D.5 PARTIES. 3 8 1. WHO MAY BRING ACTION. A civil action may be brought 3 9 pursuant to this chapter by any of the following: 3 10 a. The landlord of a leased residential premises, or the 3 11 landlord's agent. 3 12 b. A tenant organization. 3 13 c. A county attorney or the attorney general. 3 14 2. DEFENDANTS TO THE ACTION. A civil action may be 3 15 brought pursuant to this chapter against any person within the 3 16 jurisdiction of the court, including but not limited to a 3 17 tenant, adult or minor member of the tenant's household, 3 18 guest, or resident of the leased residential premises. If any 3 19 defendant's true name is unknown to the plaintiff, process may 3 20 issue against the defendant under a fictitious name, stating 3 21 it to be fictitious and adding an appropriate description 3 22 sufficient to identify the defendant. 3 23 3. NOTICE TO INTERESTED PARTIES. Parties shall receive 3 24 notice of an action as follows: 3 25 a. NOTICE TO DEFENDANTS. A complaint initiating an action 3 26 pursuant to this chapter shall be personally served, and 3 27 notice to all defendants shall be provided in the same manner 3 28 as serving original notices in civil actions. After filing an 3 29 affidavit that personal service cannot be had after due 3 30 diligence on one or more defendants within twenty days after 3 31 the filing of the complaint, the plaintiff may: 3 32 (1) Cause a copy of the complaint to be mailed to the 3 33 defendant by restricted certified mail, with return receipt 3 34 requested to the clerk of the district court. 3 35 (2) Cause a copy of the complaint to be affixed 4 1 conspicuously to the main entrance to the leased residential 4 2 premises and to all entrances to the individual rental unit 4 3 where the drug-related criminal activity is alleged to have 4 4 occurred. 4 5 Service shall be deemed completed five days after filing 4 6 with the court proof of such mailing and an affidavit that a 4 7 copy of the complaint has been affixed to the leased 4 8 residential premises. 4 9 b. NOTICE TO AFFECTED TENANTS, RESIDENTS, AND GUESTS. All 4 10 tenants or residents of any building, place or premises which 4 11 is used in whole or in part as a home, residence or dwelling, 4 12 other than transient guests of a guest house, hotel, or motel, 4 13 who may be affected by any order issued pursuant to this 4 14 chapter, shall be provided such reasonable notice as shall be 4 15 ordered by the court and shall be afforded opportunity to be 4 16 heard at all hearings. 4 17 4. NAMING AND SERVICE OF LANDLORDS IN ACTIONS BROUGHT BY 4 18 TENANT ORGANIZATIONS OR PROSECUTORS. If an action is 4 19 initiated pursuant to this chapter by a tenant organization, a 4 20 county attorney, or the attorney general, the landlord of the 4 21 leased residential premises shall be named as a defendant and 4 22 shall be served with a copy of the complaint pursuant to 4 23 subsection 3. Any agent of the landlord may be named as a 4 24 party and shall, in any event, have the right to appear and 4 25 participate in all proceedings conducted pursuant to this 4 26 chapter. 4 27 5. PROTECTIONS AGAINST FRIVOLOUS ACTIONS AND SANCTIONS FOR 4 28 UNFOUNDED OR UNWARRANTED PLEADINGS &endash; MOTIONS OR OTHER PAPERS. 4 29 A tenant organization shall not bring an action pursuant to 4 30 this chapter unless the organization is represented by an 4 31 attorney at law who is licensed in this state. 4 32 a. In an action brought pursuant to this chapter, 4 33 regardless of the identity of the plaintiff, every pleading, 4 34 motion, and other paper of a party represented by an attorney 4 35 shall be signed by at least one attorney of record in the 5 1 attorney's individual name, whose address shall be stated. 5 2 b. A landlord, or the landlord's agent, who is not 5 3 represented by an attorney, shall sign the party's pleading, 5 4 motion, or other paper and state the party's address. 5 5 c. Such signature of an attorney or party constitutes a 5 6 certificate by the signer that: 5 7 (1) The signer has read the pleading, motion, or other 5 8 paper. 5 9 (2) To the best of the signer's knowledge, information, 5 10 and belief formed after reasonable inquiry, it is well 5 11 grounded in fact and is warranted by existing law or a good 5 12 faith argument for the extension, modification, or reversal of 5 13 existing law. 5 14 (3) It is not interposed for any improper purpose, such as 5 15 to harass or to cause unnecessary delay or needless increase 5 16 in the cost of litigation. 5 17 d. If a pleading, motion, or other paper is not signed, it 5 18 shall be stricken unless it is signed promptly after the 5 19 omission is called to the attention of the pleader or movant. 5 20 e. The court, upon motion, or upon its own initiative, 5 21 shall impose upon the person who signed a pleading, motion, or 5 22 other paper, a represented party, or both, an appropriate 5 23 sanction, which may include an order to pay to the other party 5 24 or parties the amount of the reasonable expenses incurred 5 25 because of the filing of the pleading, motion, or other paper, 5 26 including a reasonable attorney's fee, if the court finds any 5 27 of the following: 5 28 (1) The signer has not read the pleading, motion, or other 5 29 paper. 5 30 (2) The signer does not have knowledge, information, or a 5 31 belief regarding the facts contained in the pleading, motion, 5 32 or other paper, or that a reasonable inquiry has not been 5 33 made. 5 34 (3) The pleading, motion, or other paper is not well 5 35 grounded in fact or warranted by existing law or a good faith 6 1 argument for the extension, modification, or reversal of 6 2 existing law. 6 3 (4) The pleading, motion, or other paper was interposed 6 4 for any improper delay or needless increase in the cost of 6 5 litigation. 6 6 6. READY AVAILABILITY OF OWNERSHIP IN FORMATION TO 6 7 POTENTIAL PLAINTIFFS. A person or entity who states upon an 6 8 oath in writing, that the person or entity is preparing to 6 9 initiate an action pursuant to this chapter, may request that 6 10 the county recorder or equivalent office promptly provide, 6 11 without charge, the name and address of all individuals with 6 12 an ownership interest in the leased residential premises where 6 13 the drug-related criminal activity is alleged to have 6 14 occurred, as reflected upon the current county records. 6 15 Sec. 6. NEW SECTION. 124D.6 REMEDIES AND JUDICIAL 6 16 ORDERS. 6 17 1. GROUNDS FOR COMPLETE EVICTION. Subject to the 6 18 provisions of sections 124D.7 and 124D.26, the court shall 6 19 order the complete eviction, effective immediately, as set 6 20 forth in section 124D.12, subsection 2, and section 124D.14, 6 21 of a tenant where it finds that any of the following exist: 6 22 a. Drug-related criminal activity has occurred on or 6 23 within the individual rental unit leased to the tenant. 6 24 b. The individual rental unit leased to the tenant was 6 25 used in any way in furtherance of or to promote drug-related 6 26 criminal activity. 6 27 c. The tenant, any member of the tenant's household or any 6 28 guest has engaged in drug-related criminal activity on or in 6 29 the immediate vicinity of any portion of the entire premises. 6 30 d. The tenant has given permission to or invited a person 6 31 to return or reenter any portion of the leased residential 6 32 premises, knowing that the person has been removed and barred 6 33 from the leased residential premises pursuant to this chapter. 6 34 e. The tenant has failed to notify law enforcement or 6 35 public housing authorities immediately upon learning that a 7 1 person who has been removed and barred from the tenant's 7 2 individual rental unit pursuant to this chapter, has returned 7 3 to or reentered the tenant's individual rental unit. 7 4 2. GROUNDS FOR PARTIAL EVICTION AND ISSUANCE OF REMOVAL 7 5 ORDERS. The court shall, subject to the provisions of section 7 6 124D.7, subsection 2, and section 124D.26, order the immediate 7 7 removal from the leased residential premises of any person 7 8 other than the tenant, including but not limited to an adult 7 9 or minor member of the tenant's household, where the court 7 10 finds that such person has engaged in drug-related criminal 7 11 activity on or in the immediate vicinity of any portion of the 7 12 leased residential premises. Persons removed pursuant to this 7 13 section shall be barred from returning to or reentering any 7 14 portion of the entire premises. 7 15 3. REMOVAL ORDERS DIRECTED AGAINST THE TENANT. If the 7 16 court finds that a member of the tenant's household, or guest 7 17 or resident of the tenant's leased residential premises, has 7 18 engaged in drug-related criminal activity on or in the 7 19 immediate vicinity of any portion of the leased residential 7 20 premises, but that person has not been named as a party 7 21 defendant, has not appeared in the action or otherwise has not 7 22 been subjected to the jurisdiction of the court, a removal 7 23 order issued pursuant to subsection 2 shall be directed 7 24 against the tenant, and shall provide that as an express 7 25 condition of the tenancy, the tenant shall not give permission 7 26 to or invite the barred person to return to or reenter any 7 27 portion of the entire premises. The tenant shall acknowledge 7 28 in writing that the tenant understands the terms of the 7 29 court's order, and that the tenant further understands that 7 30 the failure to comply with the court's order will result in 7 31 the mandatory termination of the tenancy pursuant to section 7 32 124D.12. 7 33 Sec. 7. NEW SECTION. 124D.7 AFFIRMATIVE DEFENSE OR 7 34 EXEMPTION TO A COMPLETE EVICTION. 7 35 1. AFFIRMATIVE DEFENSE. The court may refrain from 8 1 ordering the complete eviction of a tenant pursuant to section 8 2 124D.6, subsection 1, where the tenant has established that 8 3 the tenant was not involved in the drug-related criminal 8 4 activity, and that any of the following exist: 8 5 a. The tenant did not know or have reason to know that 8 6 drug-related criminal activity was occurring on or within the 8 7 individual rental unit, that the individual rental unit was 8 8 used in any way in furtherance of or to promote drug-related 8 9 criminal activity, or that any member of the tenant's 8 10 household or any guest has engaged in drug-related criminal 8 11 activity on or in the immediate vicinity of any portion of the 8 12 entire premises. 8 13 b. The tenant had done everything that could reasonably be 8 14 expected in the circumstances to prevent the commission of the 8 15 drug-related criminal activity. 8 16 c. The tenant had promptly reported the drug-related 8 17 criminal activity to appropriate law enforcement authorities. 8 18 2. EXEMPTION. If the grounds for a complete eviction have 8 19 been established, the court shall order the eviction of the 8 20 tenant, unless, having regard to the circumstances of the 8 21 drug-related criminal activity and the condition of the 8 22 tenant, the court is clearly convinced that immediate complete 8 23 eviction or removal would be a serious injustice, the 8 24 prevention of which overrides the need to protect the rights, 8 25 safety, and health of the other tenants and residents of the 8 26 leased residential premises. 8 27 3. BURDEN OF PROOF. The burden of proof for the 8 28 affirmative defense set forth in subsection 1 shall be by a 8 29 preponderance of the evidence. The burden of proof for the 8 30 exemption set forth in subsection 2 shall be by clear and 8 31 convincing evidence. 8 32 Sec. 8. NEW SECTION. 124D.8 MANDATORY PARTIAL EVICTION 8 33 WHERE AFFIRMATIVE DEFENSE OR EXEMPTION TO COMPLETE EVICTION IS 8 34 ESTABLISHED. 8 35 1. GENERAL RULE. If the plaintiff has established grounds 9 1 for a complete eviction but the court finds that the tenant 9 2 has satisfactorily established the basis for an affirmative 9 3 defense or exemption pursuant to section 124D.7, and the court 9 4 in its discretion elects not to order the complete eviction of 9 5 the tenant, the court, except as otherwise provided in section 9 6 124D.26, shall order the immediate removal from the leased 9 7 residential premises of any person other than the tenant, 9 8 including but not limited to adult or minor members of the 9 9 tenant's household, who have engaged in drug related criminal 9 10 activity on any portion of the leased residential premises. 9 11 Persons removed pursuant to this section shall be permanently 9 12 barred from returning to or reentering any portion of the 9 13 leased residential premises. The court shall further order as 9 14 an express condition of the tenancy that the tenant shall not 9 15 give permission to or invite any person who has been removed 9 16 pursuant to this chapter to return to or reenter any portion 9 17 of the leased residential premises. 9 18 2. ACKNOWLEDGMENT OF CONDITIONAL TENANCY. The tenant upon 9 19 whom a partial eviction is imposed, shall acknowledge in 9 20 writing that the tenant understands the terms of the court's 9 21 order issued pursuant to subsection 1, and that the tenant 9 22 further understands that the failure to comply with the 9 23 court's order will result in the mandatory eviction pursuant 9 24 to section 124D.6. Refusal by the tenant to acknowledge the 9 25 terms, as required by this subsection, shall vacate any prior 9 26 finding by the court that an exemption to a complete eviction 9 27 exists, or that the tenant has satisfactorily established an 9 28 affirmative defense. 9 29 Sec. 9. NEW SECTION. 124D.9 SUBSTITUTION OF PLAINTIFF. 9 30 If the court determines in its discretion that the 9 31 plaintiff bringing an action pursuant to this chapter has 9 32 failed to prosecute the matter with reasonable diligence the 9 33 court may substitute as plaintiff any person or entity that 9 34 consents to substitution, provided that such person or entity 9 35 would have been authorized pursuant to the provisions of this 10 1 chapter to initiate the action. 10 2 Sec. 10. NEW SECTION. 124D.10 EXECUTION OF REMOVAL OR 10 3 EVICTION ORDER. 10 4 A removal or eviction order issued by a court pursuant to 10 5 this chapter shall be enforced by the person or entity 10 6 bringing the action, provided however that the appropriate law 10 7 enforcement agency shall, upon the request of the person or 10 8 entity bringing the action, assume responsibility for the 10 9 actual execution of the removal or eviction. 10 10 Sec. 11. NEW SECTION. 124D.11 OBSTRUCTING THE EXECUTION 10 11 OR ENFORCEMENT OF A REMOVAL OR EVICTION ORDER. 10 12 A person who knowingly violates an order issued pursuant to 10 13 this chapter, or who knowingly interferes with, obstructs, 10 14 impairs, or prevents a law enforcement officer from enforcing 10 15 or executing an order issued pursuant to this chapter, shall 10 16 be subject to punishment for contempt under chapter 665. This 10 17 section shall not be construed in any way to preclude or 10 18 preempt a criminal prosecution for a violation of section 10 19 719.1 or any other criminal offense. 10 20 Sec. 12. NEW SECTION. 124D.12 MOTION TO ENFORCE REMOVAL 10 21 ORDER AND MANDATORY EVICTIONS. 10 22 1. GENERAL RULE. A person authorized to bring an action 10 23 pursuant to this chapter may at any time move to enforce a 10 24 removal order issued pursuant to this chapter. 10 25 2. EXPEDITED HEARINGS. A motion to enforce a removal 10 26 order shall be heard on an expedited basis and within five 10 27 days of the filing of the motion. 10 28 3. MANDATORY EVICTION. The court shall order the 10 29 immediate eviction of the tenant where it finds that any of 10 30 the following exist: 10 31 a. The tenant has given permission to or invited a person 10 32 removed or barred from the leased residential premises 10 33 pursuant to this chapter to return to or reenter any portion 10 34 of the leased residential premises. 10 35 b. The tenant has failed to notify appropriate law 11 1 enforcement or public housing authorities immediately upon 11 2 learning that a person who had been removed and barred 11 3 pursuant to this chapter has returned to or reentered the 11 4 tenant's individual rental unit. 11 5 c. The tenant has otherwise knowingly violated an express 11 6 term or condition of any order issued by the court pursuant to 11 7 this chapter. 11 8 Sec. 13. NEW SECTION. 124D.13 IMPERMISSIBLE DEFENSE. 11 9 It is not a defense to an action brought pursuant to this 11 10 chapter that the drug-related criminal activity was an 11 11 isolated incident or otherwise has not recurred. It is not a 11 12 defense that the person who actually engaged in the drug- 11 13 related criminal activity no longer resides in the tenant's 11 14 individual rental unit. 11 15 Sec. 14. NEW SECTION. 124D.14 EXPEDITED PROCEEDINGS. 11 16 1. EXPEDITED HEARING. When a complaint is filed 11 17 initiating an action pursuant to this chapter, the court shall 11 18 set the matter for a hearing which shall be held on an 11 19 expedited basis and within five days following the filing of 11 20 the complaint. 11 21 2. STANDARDS FOR CONTINUANCES. The court shall not grant 11 22 a continuance and shall not stay the civil proceedings pending 11 23 the disposition of any related criminal proceedings, except 11 24 for compelling and extraordinary reasons or on application of 11 25 the county attorney or attorney general for good cause shown. 11 26 Sec. 15. NEW SECTION. 124D.15 NOTICE TO INTERESTED 11 27 PARTIES. 11 28 Notwithstanding any other provision of law, rule, or local 11 29 ordinance concerning the procedures otherwise used in eviction 11 30 proceedings, it shall not be necessary to provide notice to 11 31 the tenant to vacate the premises prior to filing the 11 32 complaint initiating a civil action pursuant to this chapter. 11 33 Sec. 16. NEW SECTION. 124D.16 INAPPLICABILITY OF 11 34 EXCLUSIONARY RULE. 11 35 Relevant testimony or evidence shall not be excluded from 12 1 any civil action brought pursuant to this chapter on account 12 2 of the manner by which it was obtained by a law enforcement 12 3 officer or agency, notwithstanding that the civil action may 12 4 have been brought by the county attorney or attorney general. 12 5 Sec. 17. NEW SECTION. 124D.17 RELATION TO CRIMINAL 12 6 PROCEEDINGS. 12 7 1. CRIMINAL PROCEEDINGS &endash; CONVICTION OR ADJUDICATION NOT 12 8 REQUIRED. The fact that a criminal prosecution involving the 12 9 drug-related criminal activity is not commenced or, if 12 10 commenced, has not yet been concluded or has terminated 12 11 without a conviction or adjudication of delinquency shall not 12 12 preclude a civil action or the issuance of any order pursuant 12 13 to this chapter. 12 14 2. EFFECT OF CONVICTION OR ADJUDICATION. If a criminal 12 15 prosecution involving the drug-related criminal activity 12 16 results in a final criminal conviction or adjudication of 12 17 delinquency, such adjudication or conviction shall be 12 18 considered in the civil action brought pursuant to this 12 19 chapter as creating a presumption that the drug-related 12 20 criminal activity occurred. Any such final conviction or 12 21 adjudication shall estop the convicted defendant or 12 22 adjudicated juvenile from denying the essential allegations of 12 23 the criminal offense in any civil proceeding brought pursuant 12 24 to this chapter. 12 25 3. ADMISSIBILITY OF CRIMINAL TRIAL RECORDINGS OR 12 26 TRANSCRIPTS. Any evidence or testimony admitted in the 12 27 criminal proceeding, including recordings or transcripts of 12 28 the adult or juvenile criminal proceedings, whether or not 12 29 they have been transcribed, may be admitted in the civil 12 30 action brought pursuant to this chapter. 12 31 4. USE OF SEALED CRIMINAL PROCEEDING RECORDS. If the 12 32 evidence or records of a criminal proceeding which did not 12 33 result in a conviction or adjudication of delinquency are 12 34 confidential or have been sealed in accordance with section 12 35 907.4 or section 232.150, the court in a civil action brought 13 1 pursuant to this chapter notwithstanding any other provision 13 2 of law, may order the evidence or records, whether or not they 13 3 have been transcribed, to be unsealed if the court finds that 13 4 the evidence or records would be relevant to the fair 13 5 disposition of the civil action. 13 6 Sec. 18. NEW SECTION. 124D.18 DISCOVERY. 13 7 The parties to an action brought pursuant to this chapter 13 8 shall not be entitled to conduct discovery otherwise available 13 9 in a civil action except by leave of court where required to 13 10 ensure the fair disposition of the civil action. However, the 13 11 plaintiff in a civil action brought pursuant to this chapter 13 12 shall provide to the tenant and all other named defendants a 13 13 reasonable opportunity prior to the hearing to examine any 13 14 relevant documents or records within the plaintiff's 13 15 possession which directly relate to the action, subject to the 13 16 limitations of section 124D.20. 13 17 Sec. 19. NEW SECTION. 124D.19 PROTECTION OF THREATENED 13 18 WITNESS OR AFFIANT. 13 19 If proof necessary to establish the grounds for eviction 13 20 depends, in whole or in part, upon the affidavits or testimony 13 21 of witnesses who are not peace officers, the court may, upon a 13 22 showing of prior threats of violence or acts of violence by 13 23 any defendant or any other person, issue orders to protect 13 24 those witnesses, including but not limited to, the 13 25 nondisclosure of the name, addresses, or any other information 13 26 which may identify those witnesses. 13 27 Sec. 20. NEW SECTION. 124D.20 AVAILABILITY OF LAW 13 28 ENFORCEMENT &endash; RESOURCES TO PLAINTIFFS OR POTENTIAL 13 29 PLAINTIFFS. 13 30 A law enforcement agency may make available to a person or 13 31 entity authorized to bring an action pursuant to this chapter 13 32 any police report or edited portion thereof, a forensic 13 33 laboratory report or edited portion thereof, concerning drug 13 34 related criminal activity committed on or in the immediate 13 35 vicinity of the leased residential premises. A law 14 1 enforcement agency may also make any officer or officers 14 2 available to testify as a fact witness or expert witness in a 14 3 civil action brought pursuant to this chapter. The agency 14 4 shall not disclose such information where, in the agency's 14 5 opinion, the disclosure would jeopardize an investigation, 14 6 prosecution, or other proceeding, or where such disclosure 14 7 would violate any federal or state statute. 14 8 Sec. 21. NEW SECTION. 124D.21 ONGOING COLLECTION OF 14 9 RENT. 14 10 A landlord shall be entitled to collect rent due and owing 14 11 from the tenant during the pendency of any civil action 14 12 brought pursuant to this chapter. 14 13 Sec. 22. NEW SECTION. 124D.22 RECOVERY OF COSTS BY 14 14 PREVAILING PLAINTIFF. 14 15 A tenant organization, county attorney, or the attorney 14 16 general bringing a successful action pursuant to this chapter, 14 17 including where the action is ultimately discharged under 14 18 section 124D.26, subsection 11, shall be entitled to recover 14 19 the cost of the suit, including but not limited to reasonable 14 20 attorney fees and costs, from the landlord of the leased 14 21 residential premises involved, if the landlord, or the 14 22 landlord's agent, had refused to bring the action within ten 14 23 days after having been requested to do so in writing, 14 24 delivered personally or by restricted certified mail. If the 14 25 court determines, pursuant to section 124D.9, that a landlord 14 26 of the leased residential premises, or the landlord's agent, 14 27 has failed to prosecute the action with reasonable diligence, 14 28 the landlord or agent shall be responsible for the payment of 14 29 all reasonable costs of the suit expended by a prevailing 14 30 substitute plaintiff designated pursuant to section 124D.9, 14 31 notwithstanding that the landlord or agent had initiated the 14 32 action. 14 33 Sec. 23. NEW SECTION. 124D.23 PRELIMINARY OR EMERGENCY 14 34 RELIEF. 14 35 The court before which the civil action has been brought 15 1 pursuant to this chapter may at any time issue a temporary 15 2 restraining order, grant preliminary relief or take such other 15 3 actions as the court deems necessary to enjoin or prevent the 15 4 commission of drug-related criminal activity on or in the 15 5 immediate vicinity of leased residential premises, or 15 6 otherwise to protect the rights and interests of all tenants 15 7 and residents. A violation of a duly issued order or 15 8 preliminary relief shall subject the violator to punishment 15 9 for criminal contempt. 15 10 Sec. 24. NEW SECTION. 124D.24 CUMULATIVE REMEDIES. 15 11 The causes of action and remedies authorized by this 15 12 chapter shall be cumulative with each other and shall be in 15 13 addition to, not in lieu of, any other causes of action or 15 14 remedies which may be available at law or equity. 15 15 Sec. 25. NEW SECTION. 124D.25 CIVIL IMMUNITY. 15 16 A person or tenant organization who, in good faith, 15 17 institutes, participates in, or encourages a person or entity 15 18 to institute or participate in, a civil action brought 15 19 pursuant to this chapter, or who in good faith provides any 15 20 information relied upon by any person or entity in instituting 15 21 or participating in a civil action pursuant to this chapter, 15 22 is immune from any civil liability that might otherwise be 15 23 incurred or imposed. Any such person or tenant organization 15 24 is immune from civil liability with respect to testimony given 15 25 in any judicial proceeding conducted pursuant to this chapter. 15 26 Sec. 26. NEW SECTION. 124D.26 PROBATIONARY TENANCY 15 27 DURING PERIOD OF COURT ORDERED REHABILITATION. 15 28 1. TEMPORARY SUSPENSION OF EVICTION OR REMOVAL ORDER 15 29 PENDING REFERRAL FOR ADDICTION ASSESSMENT AND TREATMENT 15 30 RECOMMENDATION. The court, on the application of the tenant 15 31 or other person subject to removal, may suspend the execution 15 32 of an order of complete or partial eviction for a period of 15 33 not more than ten days in order to refer the person to a 15 34 licensed substance abuse treatment program or facility for an 15 35 alcohol or other drug addiction assessment and treatment 16 1 recommendation, in order to determine whether the person is a 16 2 suitable candidate for a stay of execution of eviction or 16 3 removal pursuant to subsection 2, if the person asserts that 16 4 all of the following exist: 16 5 a. The person is drug dependent within the meaning of this 16 6 chapter. 16 7 b. The person is willing to participate in a licensed 16 8 treatment and monitoring program recommended by the program or 16 9 facility and approved by the court. 16 10 c. The person meets the requirements set forth in 16 11 subsection 2, paragraphs "d", "e", and "f". 16 12 d. The court is clearly convinced that the temporary 16 13 suspension of execution of the order of eviction or removal 16 14 will not endanger the safety of the community or otherwise 16 15 unduly jeopardize the rights or interests of other tenants and 16 16 residents of the leased residential premises. 16 17 Pending the filing of an application for a stay of 16 18 execution pursuant to subsection 2, a temporary suspension 16 19 issued pursuant to this subsection shall automatically expire 16 20 on the date fixed by the court, or ten days after the 16 21 suspension is granted, whichever is earlier. At such time, 16 22 the order of eviction or removal shall be immediately enforced 16 23 unless a stay is granted in accordance with the provisions of 16 24 subsection 2. 16 25 2. APPLICATION TO STAY EXECUTION OF EVICTION OR REMOVAL 16 26 ORDER. On application of the tenant or other person subject 16 27 to removal, the court may stay execution of an order of 16 28 complete or partial eviction, for a period of time as provided 16 29 in subsection 6 and during which the person is participating 16 30 in a court approved and licensed alcohol and other drug 16 31 treatment program, provided that the tenant or other person 16 32 subject to complete or partial eviction establishes by clear 16 33 and convincing evidence all of the following: 16 34 a. The person is drug dependent, and the drug-related 16 35 criminal activity that was the basis for the order of eviction 17 1 or removal was committed in order to support the person's drug 17 2 dependency. 17 3 b. Evidence is not presently proffered or has not been 17 4 presented that the person is an adult and, in the commission 17 5 of such drug-related criminal activity, delivered a controlled 17 6 substance to a person under sixteen years of age. 17 7 c. Evidence is not presently proffered or has not been 17 8 presented that the person unlawfully used or possessed a 17 9 firearm on the leased premises, or that the person used or 17 10 threatened to use violence in committing any of the acts which 17 11 are the basis for the order of eviction or removal. 17 12 d. The person has not previously undergone court approved 17 13 treatment pursuant to the provisions of this section. 17 14 e. The person has agreed to participate in the course of 17 15 alcohol or other drug treatment recommended by the treatment 17 16 facility conducting the court ordered addiction assessment. 17 17 f. The stay of execution of the order of complete or 17 18 partial eviction will not endanger the safety of the community 17 19 or otherwise unduly jeopardize the rights or interests of 17 20 other tenants and residents of the leased residential 17 21 premises. 17 22 g. Admission to the recommended course of treatment will 17 23 serve to benefit the person by addressing the person's drug 17 24 dependency and will thereby remove the incentive for the 17 25 person to engage in drug-related criminal activity. 17 26 3. RIGHT OF INTERESTED PERSONS TO BE HEARD. The plaintiff 17 27 in the civil action and the tenant organization for the leased 17 28 residential premises, whether or not such organization joined 17 29 in the civil action, shall be provided an opportunity to be 17 30 heard with respect to an application to temporarily suspend 17 31 execution of an eviction order pursuant to subsection 1 or to 17 32 stay execution of such an order pursuant to subsection 2, or 17 33 to discharge the order of eviction or removal pursuant to 17 34 subsection 11, and shall also have the right to participate in 17 35 any action upon a violation pursuant to subsection 10. 18 1 4. PARTICIPATION IN RECOMMENDED COURSE OF TREATMENT. If 18 2 the court is satisfied that the grounds for a stay set forth 18 3 in subsection 2 have been clearly and convincingly 18 4 established, the court as a condition of the stay of execution 18 5 of the eviction or removal order shall order the person to 18 6 participate in the recommended course of treatment, which 18 7 program shall include periodic drug testing. Such course of 18 8 treatment shall take place in a program approved by the 18 9 department to provide substance abuse treatment. The court 18 10 shall impose reasonable terms and conditions of the person's 18 11 participation in the court approved treatment program as if 18 12 the person were placed on probation following a conviction for 18 13 a crime. The terms and conditions shall include a requirement 18 14 that the person comply with all rules established by the 18 15 treatment program. The terms and conditions imposed by the 18 16 court may also include but need not be limited to establishing 18 17 a curfew or imposing restrictions on the person's associations 18 18 and places where the person may travel. The court may at any 18 19 time modify or impose additional terms or conditions, provided 18 20 that the court, prior to its removal of any significant term 18 21 or condition, provides notice to all persons or entities 18 22 entitled pursuant to subsection 3 to participate in the 18 23 proceedings. The person placed on probationary tenancy shall 18 24 consent to such original or amended terms and conditions, as a 18 25 condition of the stay of execution of the eviction or removal 18 26 order, and shall acknowledge in writing that the person 18 27 understands and accepts all such terms and conditions. If the 18 28 person refuses to accept or comply with any such original or 18 29 amended terms and conditions, the stay of execution shall be 18 30 automatically rescinded and the order of eviction or removal 18 31 shall be immediately enforced in accordance with the 18 32 provisions of this chapter. 18 33 5. PERIOD OF PROBATIONARY TENANCY. If the person 18 34 maintains compliance with the terms and conditions of the 18 35 court and with the requirements of the course of treatment and 19 1 monitoring, the stay of execution of an order of eviction or 19 2 removal shall remain in force for a period of six months. The 19 3 court, upon recommendation by the treatment program, may 19 4 extend the initial period of the probationary tenancy for an 19 5 additional six months. 19 6 6. PROMPT INITIATION OF TREATMENT. A stay of execution of 19 7 an order of eviction or removal pursuant to this section shall 19 8 be contingent upon the person commencing the person's 19 9 participation in the recommended course of treatment, or being 19 10 placed on a certified waiting list until a position for the 19 11 recommended course of treatment becomes available, within ten 19 12 days of the entry of the court's order granting the stay of 19 13 execution of eviction or removal. If the person is placed on 19 14 a certified waiting list, the person shall submit to regular 19 15 drug testing as ordered by the court and must also attend, 19 16 with verification, no fewer than five twelve step recovery 19 17 meetings per week, until the course of treatment can begin. 19 18 If the person for any reason fails to comply with the 19 19 conditions of this subsection within this time period, the 19 20 stay of execution shall be automatically rescinded unless the 19 21 court determines that there are extraordinary and compelling 19 22 reasons to reinstate the stay pending the person's 19 23 participation in the recommended course of treatment, by a 19 24 date certain to be fixed by the court. 19 25 7. REPORTING OF PROGRESS IN COURSE OF TREATMENT. The 19 26 treatment program shall, as a condition of the stay of 19 27 execution of the eviction or removal order, agree in writing 19 28 to report periodically to the court as to the person's 19 29 progress and compliance with court imposed terms and 19 30 conditions. The treatment program shall further agree to 19 31 promptly report any significant failure to comply with the 19 32 requirements of the course of treatment. The treatment 19 33 program shall also agree immediately to advise the court if 19 34 the person for any reason terminates the person's 19 35 participation in the course of treatment. The person and, 20 1 where necessary, the person's parent or legal guardian, shall, 20 2 as a condition of the stay of execution, sign such consent 20 3 forms as are necessary to release information to the court 20 4 pursuant to this section, with respect to the person's 20 5 participation in the course of treatment. 20 6 8. SUPERVISORY JURISDICTION OF PROBATION OFFICERS. The 20 7 court may assign a probation officer and, in the case of a 20 8 juvenile, a juvenile court officer, the responsibility to 20 9 assist in monitoring and supervising the person's 20 10 participation in the recommended course of treatment and the 20 11 person's compliance with all court imposed terms and 20 12 conditions of the probationary tenancy. The court may also 20 13 assign a probation officer or juvenile court officer the 20 14 responsibility to administer the periodic drug testing, which 20 15 agency shall immediately report any significant violation of 20 16 the court imposed terms and conditions, in accordance with the 20 17 provisions of subsection 7. 20 18 9. EFFECT OF VIOLATION. Upon a first significant 20 19 violation of any court ordered term or condition of the 20 20 probationary tenancy, the court may and upon recommendation of 20 21 the treatment program or upon subsequent violation, shall in 20 22 the absence of extraordinary and compelling reasons, rescind 20 23 the stay of execution of the order of eviction or removal, in 20 24 which event such order shall be immediately enforced. In 20 25 making its determination whether to rescind the stay after a 20 26 first significant violation, the court shall consider the 20 27 nature and seriousness of the infraction in relation to the 20 28 person's progress in the course of treatment, and shall also 20 29 consider the recommendations of the treatment program. If the 20 30 treatment program determines it necessary to discontinue the 20 31 person's course of treatment, the court shall revoke the 20 32 probationary tenancy and rescind the stay of execution of the 20 33 order of eviction or removal, unless the treatment program 20 34 recommends that another treatment program be engaged to 20 35 provide the course of treatment. Notwithstanding any other 21 1 provision of this section, if the court finds reasonable 21 2 grounds to believe that the person, during the term of the 21 3 probationary tenancy, has been involved in drug-related 21 4 criminal activity, whether or not such activity occurred on 21 5 the leased residential premises, the court shall immediately 21 6 rescind the stay of execution of the order of eviction or 21 7 removal, in which event such order shall be immediately 21 8 enforced. 21 9 10. ACTION UPON VIOLATION. An action for a violation of 21 10 any term or condition of the probationary tenancy may be 21 11 brought by the plaintiff in the eviction action, by any person 21 12 or entity which could have initiated the eviction action 21 13 pursuant to this chapter, by the treatment program, by any 21 14 agency assigned by the court to assist in monitoring or 21 15 supervising the probationary tenancy, or by the court on its 21 16 own motion. Such action shall be summary in nature and shall 21 17 be heard and decided within five days of the notice to the 21 18 court of the violation. 21 19 11. DISCHARGE OF ORDER OF EVICTION OR REMOVAL. If after 21 20 the expiration of the term of probationary tenancy, the court 21 21 determines that the person has satisfactorily complied with 21 22 the terms and conditions of the recommended course of 21 23 treatment, and that the person no longer poses a risk to the 21 24 other residents and tenants of the leased residential 21 25 premises, the court shall discharge the order of eviction or 21 26 removal and shall dismiss the action brought pursuant to this 21 27 chapter. This subsection shall not be construed in any way to 21 28 prevent the initiation at any time of a new action pursuant to 21 29 this chapter. 21 30 Sec. 27. NEW SECTION. 124D.27 RELOCATION ASSISTANCE. 21 31 Notwithstanding any other provision of law, a landlord 21 32 shall not bear any responsibility or liability for relocating 21 33 any person who has been evicted, removed, or barred pursuant 21 34 to this chapter. 21 35 Sec. 28. CONSTRUCTION. The provisions of this chapter 22 1 shall be liberally construed to effectuate the remedial 22 2 purposes, objectives and policies set forth in this chapter. 22 3 Sec. 29. Section 562A.27A, subsection 1, Code 1995, is 22 4 amended to read as follows: 22 5 1. Notwithstanding section 562A.27 or 648.3, if a tenant 22 6 has created or maintained a threat constituting a clear and 22 7 present danger to the health or safety of othertenants22 8 persons within one thousand feet of the property occupied by 22 9 the tenant, the landlord, or the landlord's employee or agent, 22 10 the landlord, after a single three days' written notice of 22 11 termination and notice to quit, may file suit against the 22 12 tenant for recovery of possession of the premises pursuant to 22 13 chapter 648, except as otherwise provided in subsection 3. 22 14 The tenant shall be given the opportunity to contest the 22 15 termination in the court proceedings by notice thereof at 22 16 least five days prior to the hearing. 22 17 Sec. 30. Section 562A.27A, subsection 2, unnumbered 22 18 paragraph 1, Code 1995, is amended to read as follows: 22 19 2. A clear and present danger to the health or safety of 22 20 othertenantspersons within one thousand feet of the property 22 21 occupied by the tenants, the landlord, or the landlord's 22 22 employees or agents includes, but is not limited to, any of 22 23 the following activities of the tenant or of any person on the 22 24 premises with the consent of the tenant: 22 25 Sec. 31. EFFECTIVE DATE. This Act, being deemed of 22 26 immediate importance, takes effect upon enactment. 22 27 EXPLANATION 22 28 This bill is based on the model expedited eviction of drug 22 29 traffickers act proposed by the president's commission on 22 30 model state drug laws. The bill authorizes civil actions, 22 31 termed "complete evictions," to evict tenants and members of 22 32 the tenants' household, as well as civil actions, termed 22 33 "partial evictions," to remove persons who commit drug crimes 22 34 but who are not themselves parties to a rental agreement for 22 35 taking part in or allowing drug-related activity to occur on 23 1 or near the premises or for allowing a person who has been 23 2 barred from the premises to return to or reenter the premises. 23 3 Actions may be brought by the landlord of the premises, a 23 4 tenant organization, or a county attorney or the attorney 23 5 general. 23 6 The bill also provides an affirmative defense to tenants 23 7 who can show by a preponderance of the evidence that they did 23 8 everything reasonably possible to prevent the drug-related 23 9 criminal activity, promptly reported the activity, or did not 23 10 know about the activity. A tenant who establishes this 23 11 defense would not be subject to eviction, but the member of 23 12 the tenant's household or guest involved in the drug-related 23 13 criminal activity would be subject to eviction. A tenant 23 14 would also be protected from eviction if the tenant can 23 15 clearly convince the court that a substantial injustice would 23 16 occur if the tenant was evicted. A tenant may also be granted 23 17 a probationary tenancy in lieu of eviction so long as the 23 18 tenant or resident is undergoing and cooperating with a course 23 19 of substance abuse treatment. 23 20 The bill also provides that the plaintiff need only prove 23 21 the plaintiff's case by a preponderance of the evidence and 23 22 that a criminal conviction for the drug-related criminal 23 23 activity is not required. Evidence admitted in a criminal 23 24 action relating to the drug-related criminal activity would be 23 25 admissible in the civil action for complete or partial 23 26 eviction. 23 27 In addition, the bill expands the zone within which a 23 28 tenant may create a clear and present danger to other persons 23 29 within 1,000 feet of the property occupied by the tenant. 23 30 The bill takes effect upon enactment and may contain a 23 31 state mandate under chapter 25B. 23 32 LSB 1595XL 76 23 33 mk/jw/5.1
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