Text: HF02275                           Text: HF02277
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2276

Partial Bill History

Bill Text

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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