Senate Amendment 3251


PAG LIN




     1  1    Amend Senate File 359, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 1, by striking lines 3 through 11, and
     1  4 inserting the following:
     1  5    <1.  As used in this section, "lease" or "rental
     1  6 agreement" means any lease or rental agreement
     1  7 covering premises occupied for dwelling, professional,
     1  8 business, agricultural, or similar purposes if both of
     1  9 the following conditions are met:
     1 10    a.  The lease or rental agreement was executed by
     1 11 or on behalf of a service member who, after the
     1 12 execution of the lease or rental agreement, entered
     1 13 military service.
     1 14    b.  The service member or the service member's
     1 15 dependents occupy the premises for the purposes set
     1 16 forth in this subsection.
     1 17    2.  a.  A service member may terminate a lease or
     1 18 rental agreement by providing written notice to the
     1 19 lessor or the lessor's agent at any time following the
     1 20 date of the beginning of the service member's period
     1 21 of military service.  The notice may be delivered by
     1 22 placing it in an envelope properly stamped and
     1 23 addressed to the lessor or the lessor's agent and
     1 24 depositing the notice in the United States mail.
     1 25    b.  Termination of a month=to=month lease or rental
     1 26 agreement shall not be effective until thirty days
     1 27 after the first day on which the next rental payment
     1 28 is due and payable after the date when notice is
     1 29 delivered or mailed.  As to all other leases or rental
     1 30 agreements, termination shall be effective on the last
     1 31 day of the month following the month in which notice
     1 32 is delivered or mailed.  Any unpaid rent for the
     1 33 period preceding the termination in such cases shall
     1 34 be computed on a pro rata basis and any rent paid in
     1 35 advance after termination shall be refunded by the
     1 36 lessor or the lessor's agent.
     1 37    c.  Upon application by the lessor and prior to the
     1 38 termination period provided in the notice, a court may
     1 39 modify or restrict any relief granted in this
     1 40 subsection as the interests of justice and equity
     1 41 require.
     1 42    3.  A person who knowingly seizes, holds, or
     1 43 detains the personal effects, clothing, furniture, or
     1 44 other property of any person who has lawfully
     1 45 terminated a lease or rental agreement covered under
     1 46 this section or who interferes in any manner with the
     1 47 removal of property from the premises for the purposes
     1 48 of subjecting the property to a claim for rent
     1 49 accruing subsequent to the date of termination of the
     1 50 lease or rental agreement commits a simple
     2  1 misdemeanor.>
     2  2 #2.  Page 1, by inserting before line 12, the
     2  3 following:
     2  4    <Sec.    .  Section 562A.27, Code 2003, is amended
     2  5 by adding the following new subsection:
     2  6    NEW SUBSECTION.  5.  Notwithstanding any other
     2  7 provisions of this chapter, a municipal housing agency
     2  8 established pursuant to chapter 403A may issue a
     2  9 thirty=day notice of lease termination for a violation
     2 10 of a rental agreement by the tenant when the violation
     2 11 is a violation of a federal regulation governing the
     2 12 tenant's eligibility for or continued participation in
     2 13 a public housing program.  The municipal housing
     2 14 agency shall not be required to provide the tenant
     2 15 with a right or opportunity to remedy the violation or
     2 16 to give any notice that the tenant has such a right or
     2 17 opportunity when the notice cites the federal
     2 18 regulation as authority.
     2 19    Sec.    .  NEW SECTION.  648.1A  NONPROFIT
     2 20 TRANSITIONAL HOUSING EXEMPTED.
     2 21    This chapter shall not apply to occupancy in
     2 22 housing owned by a nonprofit organization whose
     2 23 purpose is to provide transitional housing for persons
     2 24 released from drug or alcohol treatment facilities or
     2 25 to provide housing for homeless persons.  Absent an
     2 26 applicable provision in a lease, contract, or other
     2 27 agreement, a person who unlawfully remains on the
     2 28 premises of such housing may be subject to criminal
     2 29 trespass penalties pursuant to section 716.8.>
     2 30 #3.  Page 2, line 10, by inserting after the word
     2 31 <utilities> the following:  <and protecting the home
     2 32 from damage>.
     2 33 #4.  Page 2, line 34, by inserting after the word
     2 34 <park,> the following:  <the plaintiff may sell or
     2 35 dispose of the home in accordance with the provisions
     2 36 of section 555B.9 without an order for disposal, or
     2 37 chapter 555C, and may do so free and clear of all
     2 38 liens, claims, or encumbrances of third parties except
     2 39 any tax lien, at which time>.
     2 40 #5.  Page 3, by striking lines 1 through 6 and
     2 41 inserting the following:
     2 42    <a.  The home, its contents, and any other property
     2 43 of the defendant remaining on the premises shall
     2 44 become the property of the plaintiff free and clear of
     2 45 all rights of the defendant to the property and of all
     2 46 liens, claims, or encumbrances of third parties, and
     2 47 any tax levied pursuant to chapter 435 may be abated
     2 48 by the board of supervisors.  The proceeds from the
     2 49 sale shall first be applied to any judgments against
     2 50 the defendant obtained by the plaintiff, any unpaid
     3  1 rent or additional costs incurred by plaintiff, and
     3  2 reasonable attorney fees.  Any remaining proceeds
     3  3 shall next be applied to any tax lien with the
     3  4 remainder to be held in accordance with section
     3  5 555B.9, subsection 3, paragraph "c".>
     3  6 #6.  Page 3, line 10, by striking the word <The>
     3  7 and inserting the following:  <The If plaintiff elects
     3  8 to retain the home pursuant to section 555B.9, the>.
     3  9 #7.  Title page, line 2, by inserting after the
     3 10 word <detention> the following:  <and providing a
     3 11 penalty>.
     3 12 #8.  By renumbering, relettering, or redesignating
     3 13 and correcting internal references as necessary.
     3 14 SF 359.H
     3 15 rh/es/25

                              -1-