Text: HF02275 Text: HF02277 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 562A.12A SOURCE OF PAYMENT.
1 2 A landlord shall not refuse to rent a dwelling unit to a
1 3 person, and a landlord shall not terminate a rental agreement
1 4 with a tenant, based upon the source of payment of the rent or
1 5 rental deposit. A landlord who violates this section shall be
1 6 subject to punitive damages not to exceed two hundred dollars
1 7 in addition to actual damages and attorney's fees.
1 8 Sec. 2. Section 562A.26, Code 1997, is amended to read a
1 9 follows:
1 10 562A.26 TENANT'S REMEDIES FOR LANDLORD'S UNLAWFUL OUSTER,
1 11 EXCLUSION, OR DIMINUTION OF SERVICE.
1 12 If the landlord unlawfully removes or excludes the tenant
1 13 from the premises or willfully diminishes services to the
1 14 tenant by interrupting or causing the interruption of
1 15 electric, gas, water or other essential service to the tenant,
1 16 the tenant may recover possession or terminate the rental
1 17 agreement and, in either case, recover the actual damages
1 18 sustained by the tenant but not less than an amount equal to
1 19 one months' rent and reasonable attorney's fees. If the
1 20 rental agreement is terminated, the landlord shall return all
1 21 prepaid rent and security.
1 22 Sec. 3. Section 562A.27A, subsection 1, Code 1997, is
1 23 amended to read as follows:
1 24 1. Notwithstanding section 562A.27 or 648.3, if a tenant
1 25 has created or maintained a threat constituting a clear and
1 26 present danger to the health or safety of other tenants, the
1 27 landlord, the landlord's employee or agent, or other persons
1 28 on or within one thousand feet of the landlord's property, the
1 29 landlord, after a single three days' written notice of
1 30 termination and notice to quit, may file suit against the
1 31 tenant for recovery of possession of the premises pursuant to
1 32 chapter 648, except as otherwise provided in subsection 3.
1 33 The three days' written notice shall provide the tenant with
1 34 notice that the tenant may cure the clear and present danger
1 35 as provided in subsection 3 by including a copy of that
2 1 subsection with the notice. The petition shall state the
2 2 incident or incidents giving rise to the notice of termination
2 3 and notice to quit. The tenant shall be given the opportunity
2 4 to contest the termination in the court proceedings by notice
2 5 thereof at least three days prior to the hearing.
2 6 EXPLANATION
2 7 This bill provides that a landlord governed by Code chapter
2 8 562A shall not refuse to rent a dwelling to a person and shall
2 9 not terminate a rental agreement based upon the source of the
2 10 payment of the rent or rental deposit. A person violating
2 11 these prohibitions shall be subject to actual damages,
2 12 attorney's fees, and punitive damages not to exceed $200.
2 13 The bill provides that, as a remedy for a landlord's
2 14 unlawful ouster, exclusion, or diminution of service, the
2 15 tenant may recover possession or terminate the rental
2 16 agreement and, in either case, recover the actual damages
2 17 sustained by the tenant but not less than an amount equal to
2 18 one months' rent and attorney's fees.
2 19 The bill requires that the notice of termination and notice
2 20 to quit given by the landlord to a tenant if the tenant has
2 21 created or maintained a threat constituting a clear and
2 22 present danger shall provide the tenant with notice that the
2 23 tenant may cure the clear and present danger by including a
2 24 copy of Code section 562A.27, subsection 3, with the notice.
2 25 Subsection 3 provides three measures which may be taken by a
2 26 tenant to cure the threat constituting a clear and present
2 27 danger.
2 28 LSB 4002HH 77
2 29 tm/cf/24.1
Text: HF02275 Text: HF02277 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Feb 24 03:42:21 CST 1998
URL: /DOCS/GA/77GA/Legislation/HF/02200/HF02276/980216.html
jhf