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
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