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House Journal: Page 1203: Tuesday, April 4, 1995

Kreiman of Davis offered the following amendment H-3689, to
amendment H-3386, filed by him and moved its adoption:
H-3689
 1     Amend the amendment, H-3386, to House File 492 as
 2   follows:
 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.""
22     2.  Page 1, by inserting after line 14 the
23   following:
24     "   .  Title page, line 1, by inserting after the
25   word "noncompliance" the following:  ", and tenant
26   remedies for landlord noncompliance,"."
A non-record roll call was requested.
The ayes were 20, nays 52.
Amendment H-3689 lost.
Kreiman of Davis asked and received unanimous consent to defer
action on amendment H-3672, to amendment H-3386.
Kreiman of Davis offered  amendment H-3690, to amendment H-3386,
filed by him as follows:
H-3690
 1     Amend the amendment, H-3386, to House File 492, as
 2   follows:
 3     1.  Page 1, by inserting after line 2 the
 4   following:
 5     "   .  Page 3, by striking lines 20 through 25 and
 6   inserting the following:  "property and the property
 7   remains unclaimed fourteen days after the landlord has
 8   attempted to contact the owner of the property one

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