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House Journal: Page 1201: Tuesday, April 4, 1995

Vande Hoef of Osceola offered amendment H-3386 filed by him as
follows:
H-3386
 1     Amend House File 492 as follows:
 2     1.  Page 2, by striking lines 2 through 8.
 3     2.  Page 4, by inserting after line 6 the
 4   following:
 5     "Sec. ___.  Section 562B.25A, subsection 2,
 6   unnumbered paragraph 1, Code 1995, is amended to read
 7   as follows:
 8     A clear and present danger to the health or safety
 9   of other tenants, the landlord, or the landlord's
10   employees or agents, or other persons on or within one
11   thousand feet of the landlord's property includes, but
12   is not limited to, any of the following activities of
13   the tenant or of any person on the premises with the
14   consent of the tenant:"
15     3.  By renumbering as necessary.
Kreiman of Davis offered amendment H-3688, to amendment H-3386,
filed by him and requested division as follows:
H-3688
 1     Amend the amendment, H-3386, to House File 492 as
 2   follows:
H-3688A
 3     1.  Page 1, by inserting after line 1 the
 4   following:
 5     "   .  Page 1, by inserting after line 8 the
 6   following:
 7     "Sec. ___.  Section 562A.26, Code 1995, is amended
 8   to read as follows:
 9     562A.26  TENANT'S REMEDIES FOR LANDLORD'S UNLAWFUL
10   OUSTER, EXCLUSION, OR DIMINUTION OF SERVICE.
11     If the landlord unlawfully removes or excludes the
12   tenant from the premises or willfully diminishes
13   services to the tenant by interrupting or causing the
14   interruption of electric, gas, water or other
15   essential service to the tenant, the tenant may
16   recover possession or terminate the rental agreement
17   and, in either case, recover the actual damages
18   sustained by the tenant, but not less than an amount
19   equal to one month's rent, and reasonable attorney's
20   fees.  If the rental agreement is terminated, the
21   landlord shall return all prepaid rent and security.""
H-3688B
22     2.  Page 1, by inserting after line 2 the
23   following:

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