House File 2562 - IntroducedA Bill ForAn Act 1relating to property law, including mobile homes and
2manufactured housing, rental agreements, landlord and
3tenant remedies for retaliation, wrongful failure to provide
4essential services, rent increases, the sale of manufactured
5home community or mobile home park, the repeal of the
6manufactured home community and mobile home tax, forcible
7entry and detainer actions, abandoned mobile homes, and
8including effective date and applicability provisions.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2RETALIATION
3   Section 1.  Section 562B.32, subsection 1, paragraph d, Code
42022, is amended to read as follows:
   5d.  For exercising any of the rights and remedies pursuant
6to this chapter or chapter 216.
7   Sec. 2.  Section 562B.32, subsection 2, Code 2022, is amended
8to read as follows:
   92.  If the landlord acts in violation of subsection 1
10of this section, the tenant is entitled to the remedies
11provided in section 562B.24 and has a defense in an action for
12possession. In an action by or against the tenant, evidence
13of a complaint within six months one year prior to the alleged
14act of retaliation creates a presumption that the landlord’s
15conduct was in retaliation. The presumption does not arise
16if the tenant made the complaint after notice of termination
17of the rental agreement. For the purpose of this subsection,
18“presumption” means that the trier of fact must find the
19existence of the fact presumed unless and until evidence is
20introduced which would support a finding of its nonexistence.
21DIVISION II
22rentAL AGREEMENTS
23   Sec. 3.  Section 562B.7, subsection 10, Code 2022, is amended
24to read as follows:
   2510.  “Rent” means a payment to be made to the landlord under
26the rental agreement, including base rent, utilities, late
27fees, and other payments made by the tenant to the landlord
28under the rental agreement.
29   Sec. 4.  Section 562B.10, subsection 5, Code 2022, is amended
30to read as follows:
   315.  Rental agreements shall be for a term of one year unless
32otherwise specified in the rental agreement. Rental agreements
33shall be canceled by at least sixty ninety days’ written notice
34given by either party. A landlord shall not cancel a rental
35agreement solely for the purpose of making the tenant’s mobile
-1-1home space available for another mobile home.
2   Sec. 5.  Section 562B.14, subsection 7, Code 2022, is amended
3to read as follows:
   47.  Each tenant shall be notified, in writing, of any rent
5increase at least sixty ninety days before the effective date.
6Such effective date shall not be sooner than the expiration
7date of the original rental agreement or any renewal or
8extension thereof.
9   Sec. 6.  EFFECTIVE DATE.  This division of this Act, being
10deemed of immediate importance, takes effect upon enactment.
11   Sec. 7.  APPLICABILITY.  This division of this Act applies to
12rent increases first noticed under chapter 562B occurring on or
13after the effective date of this division of this Act.
14DIVISION III
15DISCLOSURE OF UTILITY CHARGES
16   Sec. 8.  Section 562B.14, subsection 6, Code 2022, is amended
17to read as follows:
   186.  a.  The landlord or any person authorized to enter into
19a rental agreement on the landlord’s behalf shall provide a
20written explanation of utility rates, charges and services to
21the prospective tenant before the rental agreement is signed
22unless the utility charges are paid by the tenant directly to
23the utility company.
   24b.  Tenants shall be notified of any increase in utility
25rates or charges in the manner set forth in subsection 7 for
26rent increases, unless the landlord does not receive at least
27ninety days prior notice of such increase from the utility
28provider, in which case no prior notice of the increase from
29the landlord to the tenant is required for the increase to be
30effective.
   31c.  Nothing in this chapter shall authorize a landlord to
32meter a premises contrary to applicable law, rule, or tariff,
33or assess a utility charge to the tenant contrary to applicable
34law, rule, or tariff.
35DIVISION IV
-2-1WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES
2   Sec. 9.  NEW SECTION.  562B.23A  Wrongful failure to supply
3running water or essential services.
   41.  If contrary to the rental agreement or section 562B.16
5the landlord deliberately or negligently fails to supply
6running water or other essential services, the tenant may give
7written notice to the landlord specifying the breach and may
8do one of the following:
   9a.  Procure reasonable amounts of water or other essential
10services during the period of the landlord’s noncompliance and
11deduct the actual and reasonable cost from the rent.
   12b.  Recover damages based upon the diminution in the fair
13market value of the mobile home space.
   14c.  Recover any rent already paid for the period of the
15landlord’s noncompliance which shall be reimbursed on a pro
16rata basis.
   172.  If the tenant proceeds under this section, the tenant may
18not proceed under section 562B.22 as to that breach.
   193.  The rights under this section do not arise until the
20tenant has given notice to the landlord or if the condition was
21caused by the deliberate or negligent act or omission of the
22tenant, a member of the tenant’s family, or other person on the
23premises with the consent of the tenant.
24   Sec. 10.  EFFECTIVE DATE.  This division of this Act, being
25deemed of immediate importance, takes effect upon enactment.
26DIVISION V
27DENIAL OF RENTAL OR REFUSAL OF SALE
28   Sec. 11.  Section 562B.19, subsection 3, paragraph c, Code
292022, is amended to read as follows:
   30c.  Deny any resident of a manufactured home community
31or mobile home park the right to sell that person’s mobile
32home at a price of the person’s own choosing, but may reserve
33the right to approve the purchaser of such mobile home as a
34tenant but such permission may not be unreasonably withheld,
35provided however, that the landlord may, in the event of a
-3-1sale to a third party, in order to upgrade the quality of
2the manufactured home community or mobile home park, require
3that any mobile home in a rundown condition or in disrepair be
4removed from the manufactured home community or park within
5sixty days. If the landlord does not approve the purchaser as
6a tenant, the landlord shall provide the purchaser with written
7notice of such denial and the general reason for the denial,
8but the landlord shall not be required to provide a specific
9reason for the denial.
10DIVISION VI
11PROHIBITED RENTAL AGREEMENT PROVISION — HOME EQUIPMENT
12   Sec. 12.  Section 562B.11, subsection 1, Code 2022, is
13amended by adding the following new paragraph:
14   NEW PARAGRAPH.  e.  Agrees to modify the mobile home,
15manufactured home, or modular home in a way that would
16substantially impair the ability of the tenant to move the
17home from the mobile home space, unless such modification is
18required by federal law, including but not limited to the
19model manufactured home installation standards, 24 C.F.R. pt.
203285, the manufactured home construction and safety standards,
2124 C.F.R. pt.3280, or the manufactured home procedural and
22enforcement regulations, 24 C.F.R. pt.3282, or by state or
23local law, the manufacturer’s installation instructions, any
24requirement arising from the landlord’s financing of the home
25or of the mobile home park or manufactured home community in
26which the home is located, or unless such modification is
27otherwise necessary for the safe and proper installation of the
28home.
29DIVISION VII
30LANDLORD SALES
31   Sec. 13.  NEW SECTION.  562B.17A  Sale of mobile home by
32landlord.
   331.  Any sale of a mobile home located in a manufactured home
34community or mobile home park by a landlord or landlord’s agent
35shall be by written agreement and the landlord shall, upon the
-4-1buyer’s fulfillment of all payment and other terms under the
2agreement, produce and assign the current certificate of title
3obtained from the department of transportation. The agreement
4shall state the basic terms of sale, including the total
5cost of the mobile home, and, in the case of an installment
6contract, finance charges, annual percentage rate, and the
7frequency and amount of each installment payment.
   82.  If such sale does not comply with this section, the
9court may award monetary or equitable relief, including voiding
10the sale, and the buyer may recover damages incurred, amounts
11paid as a rental deposit in excess of two months’ rent, and
12reasonable attorney fees.
   133.  A claim under subsection 2 may be combined with an action
14under chapter 648.
15   Sec. 14.  Section 648.19, subsection 1, Code 2022, is amended
16to read as follows:
   171.  An action under this chapter shall not be filed in
18connection with any other action, with the exception of a claim
19for rent or recovery as provided in section 555B.3, 562A.24,
20562A.32, 562B.17A, 562B.22, 562B.25, or 562B.27, nor shall it
21be made the subject of counterclaim.
22DIVISION VIII
23SALE OF MANUFACTURED HOME COMMUNITY OR MOBILE HOME PARK
24   Sec. 15.  NEW SECTION.  562B.16A  Sale of manufactured home
25community or mobile home park — notices.
   26Upon termination of the landlord’s interest in the
27manufactured home community or mobile home park, the landlord’s
28successor in interest shall have the same legal obligations,
29rights, and remedies of the landlord, including with respect to
30all rental agreements.
31   Sec. 16.  APPLICABILITY.  This division of this Act applies
32to manufactured home community or mobile home park sale
33transactions made on or after the effective date of this
34division of this Act.
35DIVISION IX
-5-1MANUFACTURED HOME AND MOBILE HOME TAX
2   Sec. 17.  Section 29C.24, subsection 3, paragraph a,
3subparagraph (6), Code 2022, is amended to read as follows:
   4(6)  The assessment of property taxes by the department
5of revenue under sections 428.24 through 428.26, 428.28, and
6428.29, or chapters 433, 434, 435, and 437 through 438, or by
7a local assessor under another provision of law, on property
8brought into the state to aid in the performance of disaster
9or emergency-related work during a disaster response period if
10such property does not remain in the state after the conclusion
11of the disaster response period.
12   Sec. 18.  Section 321.24, subsection 1, Code 2022, is amended
13to read as follows:
   141.  Upon receipt of the application for title and payment of
15the required fees for a motor vehicle, trailer, or semitrailer,
16the county treasurer or the department shall, when satisfied
17as to the application’s genuineness and regularity, and, in
18the case of a mobile home or manufactured home, that taxes
19are not owing under chapter 423 or 435, issue a certificate
20of title and, except for a mobile home or manufactured home,
21a registration receipt, and shall file the application, the
22manufacturer’s or importer’s certificate, the certificate of
23title, or other evidence of ownership, as prescribed by the
24department. The registration receipt shall be delivered to the
25owner and shall contain upon its face the date issued, the name
26and address of the owner, the registration number assigned to
27the vehicle, the amount of the fee paid, the type of fuel used,
28a description of the vehicle as determined by the department,
29and a form for notice of transfer of the vehicle. The name
30and address of any lessee of the vehicle shall not be printed
31on the registration receipt or certificate of title. Up to
32three owners may be listed on the registration receipt and
33certificate of title.
34   Sec. 19.  Section 321.30, subsection 1, paragraph j, Code
352022, is amended by striking the paragraph.
-6-1   Sec. 20.  Section 321.46, subsection 2, Code 2022, is amended
2to read as follows:
   32.  Upon filing the application for a new registration and
4a new title, the applicant shall pay a title fee of twenty
5dollars, an annual registration fee prorated for the remaining
6unexpired months of the registration year, and a fee for new
7registration if applicable. A manufacturer applying for a
8certificate of title pursuant to section 322G.12 shall pay a
9title fee of ten dollars. However, a title fee shall not be
10charged to a manufactured or mobile home retailer applying for
11a certificate of title for a used mobile home or manufactured
12home, titled in Iowa, as required under section 321.45,
13subsection 4. The county treasurer, if satisfied of the
14genuineness and regularity of the application, and in the case
15of a mobile home or manufactured home, that taxes are not owing
16under chapter 435, and that the applicant has complied with all
17the requirements of this chapter, shall issue a new certificate
18of title and, except for a mobile home, manufactured home,
19or a vehicle returned to and accepted by a manufacturer as
20described in section 322G.12, a registration card to the
21purchaser or transferee, shall cancel the prior registration
22for the vehicle, and shall forward the necessary copies to the
23department on the date of issuance, as prescribed in section
24321.24. Mobile homes or manufactured homes titled under
25chapter 448 that have been subject under section 446.18 to a
26public bidder sale in a county shall be titled in the county’s
27name, with no fee, and the county treasurer shall issue the
28title.
29   Sec. 21.  Section 321.101, subsection 2, Code 2022, is
30amended to read as follows:
   312.  The department shall cancel a certificate of title that
32appears to have been improperly issued or fraudulently obtained
33or, in the case of a mobile home or manufactured home, if taxes
34were owing under chapter 435 at the time the certificate was
35issued and have not been paid. However, before the certificate
-7-1to a mobile home or manufactured home for which taxes were
2owing can be canceled, notice and opportunity to pay the taxes
3must be given to the person to whom the certificate was issued.
4Upon cancellation of a certificate of title, the department
5shall notify the county treasurer who issued it, who shall
6enter the cancellation upon the records. The department shall
7also notify the person to whom the certificate of title was
8issued, as well as each lienholder who has a perfected lien,
9of the cancellation and shall demand the surrender of the
10certificate of title, but the cancellation shall not affect the
11validity of any perfected lien.
12   Sec. 22.  Section 321.123, subsection 2, paragraph b, Code
132022, is amended to read as follows:
   14b.  A travel trailer may be stored under section 321.134,
15provided the travel trailer is not used for human habitation
16for any period during storage and is not moved upon the
17highways of the state. A travel trailer stored under section
18321.134 is not subject to a manufactured or mobile home tax
19assessed under chapter 435.
20   Sec. 23.  Section 331.429, subsection 1, paragraphs a and b,
21Code 2022, are amended to read as follows:
   22a.  Transfers from the general fund not to exceed in any year
23the dollar equivalent of a tax of sixteen and seven-eighths
24cents per thousand dollars of assessed value on all taxable
25property in the county multiplied by the ratio of current
26taxes actually collected and apportioned for the general basic
27levy to the total general basic levy for the current year,
28and an amount equivalent to the moneys derived by the general
29fund from military service tax credits under chapter 426A,
30manufactured or mobile home taxes under section 435.22, and
31delinquent taxes for prior years collected and apportioned to
32the general basic fund in the current year, multiplied by the
33ratio of sixteen and seven-eighths cents to three dollars and
34fifty cents. The limit on transfers in this paragraph applies
35only to property tax revenue and is not a limit on transfers of
-8-1revenue generated from sources other than property taxes.
   2b.  Transfers from the rural services fund not to exceed
3in any year the dollar equivalent of a tax of three dollars
4and three-eighths cents per thousand dollars of assessed value
5on all taxable property not located within the corporate
6limits of a city in the county multiplied by the ratio of
7current taxes actually collected and apportioned for the rural
8services basic levy to the total rural services basic levy
9for the current year and an amount equivalent to the moneys
10derived by the rural services fund from military service tax
11credits under chapter 426A, manufactured or mobile home taxes
12under section 435.22, and delinquent taxes for prior years
13collected and apportioned to the rural services basic fund in
14the current year, multiplied by the ratio of three dollars and
15three-eighths cents to three dollars and ninety-five cents.
16The limit on transfers in this paragraph applies only to
17property tax revenue and is not a limit on transfers of revenue
18generated from sources other than property taxes.
19   Sec. 24.  Section 331.559, subsection 1, Code 2022, is
20amended by striking the subsection.
21   Sec. 25.  Section 331.653, subsection 17, Code 2022, is
22amended by striking the subsection.
23   Sec. 26.  Section 335.30A, subsection 2, Code 2022, is
24amended to read as follows:
   252.  “Land-leased community” means any site, lot, field,
26or tract of land under common ownership upon which ten or
27more occupied manufactured homes are harbored, either free of
28charge or for revenue purposes, and shall include any building,
29structure, or enclosure used or intended for use as part of the
30equipment of the land-leased community. The term “land-leased
31community” shall not be construed to include homes, buildings,
32or other structures temporarily maintained by any individual,
33educational institution, or company on their own premises and
34used exclusively to house their own labor or students. A
35manufactured home located in a land-leased community shall be
-9-1taxed under section 435.22 as if the manufactured home were
2located in a mobile home park.
3   Sec. 27.  Section 414.28A, subsection 3, Code 2022, is
4amended by striking the subsection.
5   Sec. 28.  Section 427A.1, subsection 1, paragraph c, Code
62022, is amended to read as follows:
   7c.  Buildings, structures, or improvements, any of which are
8constructed on or in the land, attached to the land, or placed
9upon a foundation whether or not attached to the foundation.
10However, property taxed under chapter 435, property that is a
11concrete batch plant as that term is defined in subsection 4,
12and to the extent provided in subsection 7, property that is
13transmission property shall not be assessed and taxed as real
14property.
15   Sec. 29.  Section 435.2, Code 2022, is amended to read as
16follows:
   17435.2  Placement and taxation.
   181.  If a mobile home is placed outside a mobile home park
 19or manufactured home community, the home is to be assessed and
20taxed as real estate. If and while a mobile home is placed
21inside a mobile home park or manufactured home community, the
22home, as well as any and all garages, accessory buildings, and
23appurtenances to the home, are exempt from property tax.
   242.  If a manufactured home is placed in a manufactured home
25community or a mobile home park, the home must be titled, and
26is subject to the manufactured or mobile home square foot tax
27 the home, as well as any and all garages, accessory buildings,
28and appurtenances to the home, are exempt from property tax.
29If a manufactured home is placed outside a manufactured home
30community or a mobile home park, the home must be titled and is
31to be assessed and taxed as real estate.
   323.   For the purposes of this chapter, a modular home shall
33not be construed to be a mobile home or manufactured home. If
34a modular home is placed inside or outside a manufactured home
35community or a mobile home park, the home shall be considered
-10-1real property and is to be assessed and taxed as real estate.
2However, if If a modular home is placed in a manufactured home
3community or mobile home park which was in existence on or
4before January 1, 1998, that modular home, as well as any and
5all garages, accessory buildings, and appurtenances to the
6home, shall be subject to property tax pursuant to section
7435.22 exempt from property tax. This subsection shall not
8prohibit the location of a modular home within a manufactured
9home community or mobile home park.
10   Sec. 30.  Section 435.23, Code 2022, is amended to read as
11follows:
   12435.23  Exemptions — prorating tax.
   131.  The manufacturer’s and retailer’s inventory of mobile
14homes, manufactured homes, or modular homes not in use as a
15place of human habitation shall be exempt from the annual
16 property tax and any personal property tax. All travel
17trailers, fifth-wheel travel trailers, and towable recreational
18vehicles shall be exempt from this tax. The homes, travel
19trailers, fifth-wheel travel trailers, and towable recreational
20vehicles in the inventory of manufacturers and retailers shall
21be exempt from personal property tax.
   222.  The homes coming into Iowa from out of state and located
23in a manufactured home community or mobile home park shall
24be liable for the tax computed pro rata to the nearest whole
25month, for the time the home is actually situated in Iowa.
26   Sec. 31.  Section 435.24, Code 2022, is amended by striking
27the section and inserting in lieu thereof the following:
   28435.24  Location of homes and reporting.
   291.  Upon issuance of a certificate of title or upon
30transporting the home to a new site or to a location outside
31of a manufactured home community or mobile home park, the home
32owner shall file the address, township, and school district
33of the location where the home is parked with the county
34assessor’s office. Failure to comply is punishable as set out
35in section 435.18.
-11-   12.  Each manufactured home community or mobile home park
2owner or manager shall notify monthly the county assessor
3concerning any home arriving in or departing from the
4manufactured home community or mobile home park. The records
5of the community or park owner shall be open to inspection by a
6duly authorized representative of any law enforcement agency.
7The manufactured home community or mobile home park owner or
8manager shall make an annual report to the county assessor due
9June 1 of the homes sited in the manufactured home community or
10mobile home park, listing the owner and mailing address of each
11home located in the manufactured home community or mobile home
12park. The report is delinquent if not filed with the county
13assessor by June 30.
14   Sec. 32.  Section 435.26A, subsection 3, Code 2022, is
15amended to read as follows:
   163.  After the surrender of a manufactured home’s certificate
17of title under this section, the manufactured home shall
18continue to be taxed under section 435.22 and is not eligible
19for the homestead tax credit or the military service tax
20exemption. A foreclosure action on a manufactured home
21whose title has been surrendered under this section shall be
22conducted as a real estate foreclosure. A tax lien and its
23priority shall remain the same on a manufactured home after its
24certificate of title has been surrendered.
25   Sec. 33.  Section 435.27, subsections 1 and 3, Code 2022, are
26amended to read as follows:
   271.  A mobile home or manufactured home converted to real
28estate under section 435.26 may be reconverted to a home as
29provided in this section when it is moved to a manufactured
30home community or mobile home park or a manufactured or mobile
31home retailer’s inventory. When the home is located within
32a manufactured home community or mobile home park, the home,
33as well as any and all garages, accessory buildings, and
34appurtenances to the home, shall be taxed pursuant to section
35435.22, subsection 1, paragraph “a” exempt from property tax as
-12-1provided in this chapter.
   23.  After compliance with subsection 2 and receipt of the
3title, the owner shall notify the assessor of the reconversion.
4The assessor shall remove the assessed valuation of the home
5from assessment rolls as of the succeeding January 1 when the
6home becomes subject to taxation as provided under section
7435.24, as well as any and all garages, accessory buildings,
8and appurtenances to the home, become exempt from property tax
9as provided in this chapter.
10   Sec. 34.  Section 435.33, Code 2022, is amended to read as
11follows:
   12435.33  Rent reimbursement.
   13A home owner who qualifies for a reduced tax rate provided
14in section 435.22 the exemption under this chapter and who
15rents a space upon which to set the home shall be entitled to
16the protections provided in sections 425.33 through 425.36
17and if the home owner who qualifies for a reduced tax rate
18 the exemption believes that a landlord has increased the home
19owner’s rent because the home owner is eligible for a reduced
20tax rate the exemption, the provisions of sections 425.33 and
21425.36 shall be applicable.
22   Sec. 35.  Section 445.1, subsection 8, Code 2022, is amended
23to read as follows:
   248.  “Taxes” means an annual ad valorem tax, a special
25assessment, a drainage tax, and a rate or charge, and taxes
26on homes pursuant to chapter 435 which are collectible by the
27county treasurer.
28   Sec. 36.  Section 445.5, subsection 6, Code 2022, is amended
29to read as follows:
   306.  The county treasurer shall deliver to the taxpayer a
31receipt stating the year of tax, date of payment, a description
32of the parcel, and the amount of taxes, interest, fees, and
33costs paid when payment is made by cash tender. A receipt
34for other payment tender types shall only be delivered upon
35request. The receipt shall be in full for the first half,
-13-1second half, or full year amounts unless a payment is made
2under section 445.36A or 435.24, subsection 6.
3   Sec. 37.  Section 445.57, subsection 1, Code 2022, is amended
4to read as follows:
   51.  On or before the tenth day of each month, the county
6treasurer shall apportion all taxes collected during the
7preceding month, except partial payment amounts collected
8pursuant to section 445.36A, subsection 1, partial payments
9collected and not yet designated by the county treasurer
10for apportionment pursuant to section 445.36A, subsection
112, partial payments collected pursuant to section 435.24,
12subsection 6, paragraph “a”, and partial payments collected and
13not yet designated by the county treasurer for apportionment
14pursuant to section 435.24, subsection 6, paragraph “b”, among
15the several funds to which they belong according to the amount
16levied for each fund, and shall apportion the interest, fees,
17and costs on the taxes to the general fund, and shall enter
18those amounts upon the treasurer’s cash account, and report the
19amounts to the county auditor.
20   Sec. 38.  Section 555B.2, subsection 1, Code 2022, is amended
21to read as follows:
   221.  A real property owner may remove or cause to be removed
23a mobile home and other personal property which is unlawfully
24parked, placed, or abandoned on that real property, and may
25cause the mobile home and personal property to be placed in
26storage until the owner of the personal property pays a fair
27and reasonable charge for removal, storage, or other expense
28incurred, including reasonable attorney fees, or until a
29judgment of abandonment is entered pursuant to section 555B.8
30provided that there is no lien on the mobile home or personal
31property other than a tax lien pursuant to chapter 435. For
32purposes of this chapter, a lien other than a tax lien exists
33only if the real property owner receives notice of a lien
34on the standardized registration form completed by a tenant
35pursuant to section 562B.27, subsection 3, or a lien has been
-14-1filed in state or county records on a date before the mobile
2home is considered to be abandoned. The real property owner
3or the real property owner’s agent is not liable for damages
4caused to the mobile home and personal property by the removal
5or storage unless the damage is caused willfully or by gross
6negligence.
7   Sec. 39.  Section 555C.1, subsection 5, paragraph b, Code
82022, is amended to read as follows:
   9b.  A lien of record, other than a tax lien as provided in
10chapter 435, does not exist against the home. A lien exists
11only if the real property owner receives notice of a lien on
12the standardized registration form completed by an owner or
13occupant pursuant to chapter 562B, or a lien has been filed
14in the state or county records on a date before the home is
15considered to be valueless.
16   Sec. 40.  Section 555C.3, Code 2022, is amended to read as
17follows:
   18555C.3  New title — third party.
   19If a new title to a valueless home is to be issued to a
20third party, the county treasurer shall issue a new title, upon
21receipt of the affidavit required in section 555C.2 and payment
22of a fee pursuant to section 321.47. Any tax lien levied
23pursuant to chapter 435 is canceled and the The ownership
24interest of the previous owner or occupant of the valueless
25home is terminated as of the date of issuance of the new title.
26The new title owner shall take the title free of all rights and
27interests even though the manufactured home community or mobile
28home park owner fails to comply with the requirements of this
29chapter or any judicial proceedings, if the new title owner
30acts in good faith.
31   Sec. 41.  REPEAL.  Sections 435.22, 435.25, and 435.29, Code
322022, are repealed.
33   Sec. 42.  SAVINGS PROVISION.  This division of this Act,
34pursuant to section 4.13, does not affect the operation of,
35or prohibit the application of, prior provisions of chapter
-15-1435, or rules adopted under chapter 17A to administer prior
2provisions of chapter 435, for taxes due and payable under
3chapter 435 in fiscal years beginning before July 1, 2022, and
4for duties, powers, protests, appeals, proceedings, actions, or
5remedies attributable to taxes due and payable under chapter
6435 in fiscal years beginning before July 1, 2022.
7   Sec. 43.  APPLICABILITY.  This division of this Act applies
8to taxes due and payable under chapter 435 in fiscal years
9beginning on or after July 1, 2022.
10DIVISION X
11FORCIBLE ENTRY AND DETAINER
12   Sec. 44.  Section 648.5, subsections 1 and 3, Code 2022, are
13amended to read as follows:
   141.  a.  An action for forcible entry and detainer shall
15be brought in a county where all or part of the premises is
16located. Such an action shall be tried as an equitable action.
17Upon receipt of the petition, the court shall set a date, time,
18and place for hearing. The court shall set the date of hearing
19no later than eight days from the filing date, except that the
20court shall set a later hearing date no later than fifteen days
21from the date of filing if the plaintiff requests or consents
22to the later date of hearing.
   23b.  The requirement regarding the setting of the initial
24hearing in paragraph “a” is not a jurisdictional requirement and
25does not affect the court’s subject matter jurisdiction to hear
26the action for forcible entry and detainer.
   273.  Service of original notice by mail is deemed completed
28four days after the notice is deposited in the mail and
29postmarked for delivery, whether or not the recipient signs a
30receipt for the original notice. In computing the time for
31completion of service, the first day shall be excluded and the
32final day shall be included regardless of whether the fourth
33day is a Saturday, Sunday, or federal holiday.
34DIVISION XI
35ABANDONED MOBILE HOMES
-16-1   Sec. 45.  Section 555B.3, Code 2022, is amended to read as
2follows:
   3555B.3  Action for abandonment — jurisdiction.
   4A real property owner not requesting notification by the
5sheriff as provided in section 555B.2 may bring an action
6alleging abandonment in the court within the county where the
7real property is located provided that there is no lien on
8the mobile home or personal property other than a tax lien
9pursuant to chapter 435. The action shall be tried as an
10equitable action. Unless commenced as a small claim, the
11petition shall be presented to a district judge. Upon receipt
12of the petition, either the court or the clerk of the district
13court shall set a date for a hearing not later than fourteen
14days from the date of the receipt of the petition, except where
15there is a lien on the mobile home or personal property other
16than a tax lien, the court or the clerk of the district court
17shall set a date for a hearing no sooner than twenty-five days
18from the date of the receipt of the petition so as to allow for
19service on the lienholder.
20   Sec. 46.  Section 555B.4, Code 2022, is amended by adding the
21following new subsections:
22   NEW SUBSECTION.  4.  If a lien other than a tax lien exists
23on the mobile home or personal property at the time an action
24for abandonment is initiated, the personal service pursuant
25to the Iowa rules of civil procedure shall be made upon the
26lienholder no less than twenty days before the hearing. The
27notice to the lienholder shall describe the mobile home and
28shall state the docket, case number, date, and time at which
29the hearing is scheduled, and the lienholder’s right to assert
30a claim to the mobile home at the hearing. The notice shall
31state that failure to assert a claim to the mobile home within
32the judicial proceedings is deemed a waiver of all rights,
33title, claims, and interest in the mobile home and deemed to
34be consent to the sale or disposal of the mobile home. If
35personal service cannot be completed in time to give the
-17-1lienholder the minimum notice required by this subsection, the
2court may set a new hearing date.
3   NEW SUBSECTION.  5.  In the event a tenant who was sole owner
4of a mobile home dies during the term of the rental agreement
5resulting in the mobile home being abandoned, service shall be
6made in accordance with section 562B.10, subsection 7.
7   Sec. 47.  Section 555B.8, subsections 2 and 3, Code 2022, are
8amended to read as follows:
   92.  If Except as otherwise ordered by the court, if the
10mobile home owner or other claimant asserts a claim to the
11property, the judgment shall be satisfied before the mobile
12home owner or other claimant may take possession of the mobile
13home or personal property.
   143.  If no claim is asserted to the mobile home or personal
15property or if the judgment is not satisfied at the time of
16entry, an order shall be entered allowing the real property
17owner to sell or otherwise dispose of the mobile home and
18personal property pursuant to section 555B.9. If Except as
19otherwise ordered by the court, if a claimant satisfies the
20judgment at the time of entry, the court shall enter an order
21permitting and directing the claimant to remove the mobile home
22or personal property from its location within a reasonable time
23to be fixed by the court. The court shall also determine the
24amount of further rent or storage charges to be paid by the
25claimant to the real property owner at the time of removal.
26   Sec. 48.  Section 555B.9, subsections 1, 2, and 4, Code 2022,
27are amended to read as follows:
   281.  Pursuant to an order for disposal under section 555B.8,
29subsection 3, the real property owner shall dispose of the
30mobile home and personal property by public or private sale in
31a commercially reasonable manner. If the personal property
32owner, lienholder, or other claimant has asserted a claim
33to the mobile home or personal property within the judicial
34proceedings, that person shall be notified of the sale by
35restricted certified mail not less than five days before the
-18-1sale. The notice is deemed given upon the mailing. The real
2property owner may buy at any public sale, and if the mobile
3home or personal property is of a type customarily sold in
4a recognized market or is the subject of widely distributed
5standard price quotations, the real property owner may buy at a
6private sale.
   72.  A sale pursuant to subsection 1 transfers to the
8purchaser for value, all of the mobile home owner’s rights
9in the mobile home and personal property, and discharges the
10real property owner’s interest in the mobile home and personal
11property, and any tax lien, and any other lien. The purchaser
12takes free of all rights and interests even though the real
13property owner fails to comply with the requirements of this
14chapter or of any judicial proceedings, if the purchaser acts
15in good faith.
   164.  Notwithstanding subsections 1 through 3, the real
17property owner may propose to retain the mobile home and
18personal property in satisfaction of the judgment obtained
19pursuant to section 555B.8. Written notice of the proposal
20shall be sent to the mobile home owner, lienholder, or other
21claimant, if that person has asserted a claim to the mobile
22home or personal property in the judicial proceedings. If
23the real property owner receives objection in writing from
24the mobile home owner, lienholder, or other claimant within
25twenty-one days after the notice was sent, the real property
26owner shall dispose of the mobile home and personal property
27pursuant to subsection 1. If no written objection is received
28by the real property owner within twenty-one days after the
29notice was sent, the mobile home and personal property may be
30retained. Retention of the mobile home and personal property
31discharges the judgment of the real property owner, and any tax
32lien, and any other lien.
33   Sec. 49.  Section 555B.9, subsection 3, Code 2022, is amended
34by adding the following new paragraph:
35   NEW PARAGRAPH.  0c.  Third, to satisfy any other lien
-19-1for which a claim was asserted pursuant to section 555B.4,
2subsection 4.
3   Sec. 50.  Section 562B.10, subsection 7, Code 2022, is
4amended to read as follows:
   57.  a.  If a tenant who was sole owner of a mobile home dies
6during the term of a rental agreement then that person’s heirs
 7at law or legal the personal representative of the decedent’s
8estate, or the landlord shall have the right to cancel the
9tenant’s lease by giving sixty days’ written notice to the
10person’s heirs at law or legal the personal representative
 11of the decedent’s estate, or to the landlord, whichever
12is appropriate, and the heirs at law or the legal personal
13 representative of the decedent’s estate, shall have the same
14rights, privileges and liabilities of the original tenant,
15provided that such heirs at law and personal representative
16of the estate shall not have the right to occupy or otherwise
17use the home or mobile home space as a tenant unless approved
18by the landlord as a tenant. In the event the landlord,
19after such a written notice is given and the tenant’s lease
20is canceled, brings an action for forcible entry and detainer
21or action for abandonment, the estate of the tenant and the
22person’s located heirs at law or personal representative shall
23be named as defendants in the action. The landlord may serve
24notice upon such defendants pursuant to the method set forth
25in section 562B.27A, subsection 1, paragraph “c”, or by mailing
26notice by both regular mail and certified mail, as defined in
27section 618.15, to the defendant’s last known address.
   28b.  (1)  If a tenant who was sole owner of a mobile home dies
29during the term of a rental agreement resulting in the mobile
30home being abandoned as provided in section 562B.27, subsection
311, and the landlord cannot, despite due diligence, locate such
32a tenant’s heirs at law or personal representative, then the
33landlord may bring an action for abandonment as provided in
34section 555B.3, naming as defendants the estate of the tenant
35and all unknown heirs at law of the tenant, and, upon the
-20-1landlord’s filing of an affidavit that personal service cannot
2be had on any heirs at law, personal representative, or estate
3of the tenant, the court shall permit original notice of such
4action to be served by publication pursuant to subparagraph
5(2).
   6(2)  Publication of original notice shall be made once each
7week for three consecutive weeks in a newspaper of general
8circulation published in the county where the petition is
9filed, pursuant to the Iowa rules of civil procedure. Service
10is complete after the third consecutive weekly publication.
   11(3)  In the event any tax lien or other liens exist on
12the mobile home, the landlord may proceed with an action for
13abandonment as provided in section 555B.3, except that the
14notice shall be provided to the county treasurer as provided
15in section 555B.4, subsection 3, if a tax lien exists, and
16personal service pursuant to the Iowa rules of civil procedure
17shall be made upon any lienholder no less than twenty days
18before the hearing. Any notice to a lienholder shall state
19that failure to assert a claim to the mobile home is deemed a
20waiver of all rights, title, claims, and interest in the mobile
21home and is deemed consent to the sale or disposal of the
22mobile home. If personal service upon the lienholder cannot
23be completed in time to give the lienholder the minimum notice
24required by this subsection, the court may set a new hearing
25date.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
   29This bill relates to property law, including mobile homes
30and manufactured housing, rental agreements, landlord and
31tenant remedies for retaliation, wrongful failure to provide
32essential services, rent increases, the sale of manufactured
33home community or mobile home park, the repeal of the
34manufactured home community and mobile home tax, forcible entry
35and detainer actions, and abandoned mobile homes.
-21-   1DIVISION I — RETALIATION. The bill provides that a landlord
2cannot retaliate against a tenant for exercising the rights and
3remedies under Code chapter 216 (civil rights commission). In
4an action by or against the tenant, evidence of a complaint
5within one year prior to the alleged act of retaliation creates
6a presumption that the landlord’s conduct was in retaliation.
   7DIVISION II — RENTAL AGREEMENTS. The bill defines “rent”
8to include base rent, utilities, late fees, and other payments
9made by the tenant to the landlord under the rental agreement.
10Written notice to cancel a rental agreement by either party
11must be provided 90 days prior to cancellation. The landlord
12must provide written notice 90 days prior to a rent increase
13effective date. This division is effective upon enactment and
14applies to rent increase first noticed under Code chapter 562B
15(manufactured home communities or mobile home parks residential
16landlord and tenant law) occurring on or after the effective
17date of the division.
   18DIVISION III — DISCLOSURE OF UTILITY CHARGES. The bill
19provides that tenants shall be notified of any increase
20in utility rates or charges in writing 60 days before the
21effective date of the increase, unless the landlord does not
22receive at least 90 days’ prior notice of such increase from
23the utility provider. A landlord is authorized to meter a
24premises and to assess a utility charge to the tenant unless
25doing so would be contrary to applicable law, rule, or tariff.
   26DIVISION IV — WRONGFUL FAILURE TO PROVIDE ESSENTIAL
27SERVICES. The bill provides that if the landlord deliberately
28or negligently fails to supply running water or other essential
29services, the tenant may give written notice to the landlord
30specifying the breach and may do one of the following: (1)
31procure reasonable amounts of water or other essential
32services, (2) recover damages based upon the diminution
33in the fair market value of the mobile home space, or (3)
34recover any rent already paid for the period of the landlord’s
35noncompliance unless the condition was caused by the deliberate
-22-1or negligent act or omission of the tenant, a member of
2the tenant’s family, or other person on the premises with
3the consent of the tenant. This division is effective upon
4enactment.
   5DIVISION V — DENIAL OF RENTAL OR REFUSAL OF SALE. Current
6law allows a landlord the right to approve the purchaser of
7a mobile home as a tenant when a current mobile home park
8resident sells the mobile home, so long as permission is not
9unreasonably withheld. The bill provides that if the landlord
10does not approve a purchaser as a tenant, the landlord shall
11provide the purchaser with written notice of such denial and
12the general reason for the denial.
   13DIVISION VI — PROHIBITED RENTAL AGREEMENT PROVISION — HOME
14EQUIPMENT. The bill provides that a rental agreement shall
15not allow a landlord to modify the mobile home, manufactured
16home, or modular home in a way that would substantially
17impair the ability of the tenant to move the home from the
18mobile home space, unless such modification is required
19by federal law, by state or local law, the manufacturer’s
20installation instructions, any requirement arising from the
21landlord’s financing of the home or of the mobile home park or
22manufactured home community in which the home is located, or
23unless such modification is otherwise necessary for the safe
24and proper installation of the home.
   25DIVISION VII — LANDLORD SALES. The bill provides that any
26sale of a mobile home located in a manufactured home community
27or mobile home park by a landlord or landlord’s agent shall be
28by written agreement and the landlord shall, upon the buyer’s
29fulfillment of all payment and other terms under the agreement,
30produce and assign the current certificate of title obtained
31from the department of transportation. The agreement shall
32state the basic terms of sale. If a sale does not comply, the
33court may award monetary or equitable relief, including voiding
34the sale, and the buyer may recover damages incurred, amounts
35paid as a rental deposit in excess of two months’ rent, and
-23-1reasonable attorney fees.
   2DIVISION VIII — SALE OF MANUFACTURED HOME COMMUNITY
3OR MOBILE HOME PARK. The bill provides that in a sale of
4a manufactured home community or mobile home park, upon
5termination of the landlord’s interest in the manufactured
6home community or mobile home park, the landlord’s successor
7in interest shall have the same legal obligations, rights,
8and remedies of the landlord, including with respect to all
9rental agreements. This division applies to manufactured
10home community or mobile home park sales made on or after the
11effective date of the bill.
   12DIVISION IX — MANUFACTURED AND MOBILE HOME TAX. Code
13chapter 435 imposes a square footage tax on mobile homes and
14manufactured homes placed in a mobile home park or manufactured
15home community. Division IX strikes the portions of Code
16chapter 435 imposing the square footage tax and provides
17instead that such homes are exempt from property tax. However,
18the bill does not modify the provisions of law governing
19the taxation of mobile homes and manufactured homes placed
20outside of manufactured home communities and mobile home parks,
21which are assessed and taxed in the same manner as other real
22property.
   23Division IX also makes corresponding changes to several
24other provisions of law that relate to Code chapter 435.
   25Division IX of the bill applies to taxes due and payable
26under Code chapter 435 in fiscal years beginning on or after
27July 1, 2022. Division IX of the bill does not affect the
28operation of, or prohibit the application of, prior provisions
29of Code chapter 435, or rules adopted to administer prior
30provisions of Code chapter 435, for taxes due and payable in
31fiscal years beginning before July 1, 2022, and for duties,
32powers, protests, appeals, proceedings, actions, or remedies
33attributable to taxes due and payable under Code chapter 435 in
34fiscal years beginning before July 1, 2022.
   35DIVISION X — FORCIBLE ENTRY AND DETAINER. The bill provides
-24-1the setting of the initial hearing in a forcible entry and
2detainer action is not a jurisdictional requirement and does
3not affect the court’s subject matter jurisdiction to hear the
4action for forcible entry and detainer. In computing time for
5completion of service for a forcible detainer and entry action,
6the first day shall be excluded and the final day shall be
7included regardless of whether the fourth day is a Saturday,
8Sunday, or federal holiday.
   9DIVISION XI — ABANDONED MOBILE HOMES. The bill provides
10that in an action for abandonment, except when there is a lien
11on the property other than a tax lien, the court shall set a
12hearing no sooner than 25 days of the date of receipt of the
13petition to allow service on the lienholder.
   14The bill provides that if a lien other than a tax lien
15exists on the mobile home or personal property at the time
16an action for abandonment is initiated, the personal service
17shall be made upon the lienholder no less than 20 days before
18the hearing. The notice to the lienholder shall describe the
19mobile home and shall state the docket, case number, date, and
20time at which the hearing is scheduled, and the lienholder’s
21right to assert a claim to the mobile home at the hearing.
22The notice shall state that failure to assert a claim to the
23mobile home within the judicial proceedings is deemed a waiver
24of all rights, title, claims, and interest in the mobile home
25and deemed to be consent to the sale or disposal of the mobile
26home. If personal service cannot be completed in time to give
27the lienholder the minimum notice, the court may set a new
28hearing date.
   29The bill provides that in the event a tenant who was sole
30owner of a mobile home dies during the term of the rental
31agreement resulting in the mobile home being abandoned, then
32that person’s heirs or legal representative or the landlord
33shall have the right to cancel the tenant’s lease by giving
3460 days’ written notice to the person’s heirs or legal
35representative or to the landlord, whichever is appropriate,
-25-1and the heirs or the legal representative shall have the same
2rights, privileges and liabilities of the original tenant.
   3The bill provides that if a claimant that asserts a claim
4to the property, the judgment shall be satisfied before
5the claimant may take possession of the property except as
6otherwise ordered by the court. Unless the court otherwise
7provides, if a claimant satisfies the judgment at the time of
8entry, the court shall enter an order allowing the claimant
9to remove the property from its location, and the court shall
10direct the amount of rent or storage charged.
   11The bill provides that in a proceeding for disposal of
12property, if a lienholder or other claimant asserts a claim to
13the property within a judicial proceeding, that person shall
14be notified of the sale by restricted certified mail not less
15than five days before the sale. A sale made after the notice
16is provided shall discharge any lien. The real property owner
17may propose to retain the mobile home and personal property in
18satisfaction of the judgment by written notice of the proposal
19sent to the mobile home owner, lienholder, or other claimant,
20if that person has asserted a claim to the mobile home or
21personal property in the judicial proceedings. If the real
22property owner receives objection in writing from the mobile
23home owner, lienholder, or other claimant within 21 days after
24the notice was sent, the real property owner shall dispose of
25the mobile home and personal property. If no written objection
26is received by the real property owner, the mobile home and
27personal property may be retained. Retention of the mobile
28home and personal property discharges the judgment of the real
29property owner, any tax lien, and any other lien.
   30Current law provides that any proceeds in a proceeding for
31the disposal of a mobile home and personal property shall be
32distributed in the following order: (1) to satisfy the real
33property owner’s judgment, (2) to satisfy any tax lien, and (3)
34into a surplus which is held by the real property owner for
35six months to be reclaimed by the mobile home owner, and if
-26-1the mobile home owner fails to claim the surplus, the surplus
2may be retained by the real property owner. The bill provides
3that after using proceeds to satisfy a tax lien, the proceeds
4must be used to satisfy any other lien, and then any remaining
5amounts are the surplus.
   6The bill provides that if a tenant who was sole owner of a
7mobile home dies during the term of a rental agreement, then
8that person’s heirs at law or the personal representative
9of the decedent’s estate, or the landlord shall have the
10right to cancel the tenant’s lease by giving 60 days’
11written notice to the person’s heirs at law or the personal
12representative of the decedent’s estate, or to the landlord,
13whichever is appropriate, and the heirs at law or the personal
14representative of the decedent’s estate shall have the same
15rights, privileges, and liabilities of the original tenant,
16provided that such heirs at law or personal representative of
17the estate shall not have the right to occupy or otherwise
18use the home or mobile home space as a tenant unless approved
19by the landlord as a tenant. In the event the landlord,
20after such a written notice is given and the tenant’s lease
21is canceled, brings an action for forcible entry and detainer
22or action for abandonment, the estate of the tenant and the
23person’s located heirs at law or personal representative shall
24be named as defendants in the action. The landlord may serve
25notice upon such defendants pursuant to the method set forth in
26Code section 562B.27A or by mailing notice by both regular mail
27and certified mail to the defendant’s last known address.
   28The bill provides that if a tenant who was sole owner of
29a mobile home dies during the term of a rental agreement
30resulting in the mobile home being abandoned and the landlord
31cannot locate such a tenant’s heirs at law or personal
32representative, then the landlord may bring an action for
33abandonment naming as defendants the estate of the tenant
34and all unknown heirs at law of the tenant, and, upon the
35landlord’s filing of an affidavit that personal service cannot
-27-1be had on any heirs at law, personal representative, or estate
2of the tenant, the court shall permit original notice of
3such action to be served by publication once each week for
4three consecutive weeks in a newspaper of general circulation
5published in the county where the petition is filed. Service
6is complete after the third consecutive weekly publication.
   7The bill provides in the event any tax lien or other liens
8exist on the mobile home, the landlord may proceed with an
9action for abandonment with notice provided to the county
10treasurer if a tax lien exists, and personal service upon any
11lienholder no less than 20 days before the hearing. Any notice
12to a lienholder shall state that failure to assert a claim
13to the mobile home is deemed a waiver of all rights, title,
14claims, and interest in the mobile home and is deemed consent
15to the sale or disposal of the mobile home. If personal
16service upon the lienholder cannot be completed in time to give
17the lienholder the minimum notice required by the bill, the
18court may set a new hearing date.
-28-cm/jh