House Amendment 8407


PAG LIN




     1  1    Amend Senate File 445, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 1, by inserting before line 1 the
     1  4 following:
     1  5    <Section 1.  Section 543B.8, Code 2007, is amended
     1  6 by adding the following new unnumbered paragraph:
     1  7    NEW UNNUMBERED PARAGRAPH.  A landlord=tenant
     1  8 relations review board is established in the
     1  9 department of commerce within the real estate
     1 10 commission.  The landlord=tenant relations review
     1 11 board shall carry out duties specified in sections
     1 12 562A.12A and 562A.35A.  The commission shall provide
     1 13 staff assistance and administrative support to the
     1 14 landlord=tenant relations review board.
     1 15    Sec. 2.  Section 562A.12, subsection 3, unnumbered
     1 16 paragraph 1, Code 2007, is amended to read as follows:
     1 17    A landlord shall, within thirty days from the date
     1 18 of termination of the tenancy and receipt of the
     1 19 tenant's mailing address or delivery instructions,
     1 20 return the rental deposit to the tenant or furnish to
     1 21 the tenant a written statement showing the specific
     1 22 reason for withholding of the rental deposit or any
     1 23 portion thereof.  If the rental deposit or any portion
     1 24 of the rental deposit is withheld for the restoration
     1 25 of the dwelling unit, the statement shall specify the
     1 26 nature of the damages.  In addition to a written
     1 27 statement of the reasons for withholding a rental
     1 28 deposit, the landlord shall provide photographic
     1 29 documentation of any damage described in the written
     1 30 statement and provide copies of all documentation
     1 31 related to any inspection conducted following
     1 32 termination of the tenancy.  The landlord may withhold
     1 33 from the rental deposit only such amounts as are
     1 34 reasonably necessary for the following reasons:
     1 35    Sec. 3.  Section 562A.12, subsection 3, unnumbered
     1 36 paragraph 2, Code 2007, is amended to read as follows:
     1 37    In an a court action, or in a proceeding pursuant
     1 38 to section 562A.35A, subsection 5, concerning the
     1 39 rental deposit, the burden of proving, by a
     1 40 preponderance of the evidence, the reason for
     1 41 withholding all or any portion of the rental deposit
     1 42 shall be on the landlord.>
     1 43 #2.  Page 1, by inserting after line 8 the
     1 44 following:
     1 45    <Sec.    .  NEW SECTION.  562A.12A  LANDLORD RENTAL
     1 46 DEPOSIT REPORTS.
     1 47    The landlord of a premises having twenty=five or
     1 48 more rental dwelling units shall file an annual
     1 49 landlord rental deposit report for the previous
     1 50 calendar year with the landlord=tenant relations
     2  1 review board on or before February 1.  Each report
     2  2 shall provide the reasons for each rental deposit, or
     2  3 portion thereof, withheld by the landlord, the
     2  4 original rental deposit amount, and the amount
     2  5 withheld.  The real estate commission, in consultation
     2  6 with the landlord=tenant relations review board, shall
     2  7 prescribe a standardized form for reports required
     2  8 under this section.
     2  9    Sec.    .  Section 562A.13, Code 2007, is amended
     2 10 by adding the following new subsection:
     2 11    NEW SUBSECTION.  7.  The landlord or a person
     2 12 authorized to enter into a rental agreement on behalf
     2 13 of the landlord shall provide to the tenant at or
     2 14 before the commencement of the tenancy all of the
     2 15 following:
     2 16    a.  A written statement of all damage to the
     2 17 dwelling unit caused by the previous tenant.
     2 18    b.  Photographs of the dwelling unit taken during
     2 19 the inspection conducted at the expiration of the
     2 20 previous tenancy.
     2 21    c.  A written statement of all restoration or
     2 22 repairs made following the expiration of the previous
     2 23 tenancy.
     2 24    Sec.    .  Section 562A.15, Code 2007, is amended
     2 25 by adding the following new subsection:
     2 26    NEW SUBSECTION.  5.  The landlord of a premises
     2 27 having twenty=five or more rental dwelling units is
     2 28 required to employ an on=site manager.  The on=site
     2 29 manager may either reside on the premises or operate
     2 30 an office on the premises during normal business
     2 31 hours.  A landlord may serve as an on=site manager.
     2 32    Sec.    .  NEW SECTION.  562A.35A  LANDLORD=TENANT
     2 33 RELATIONS REVIEW BOARD.
     2 34    1.  The landlord=tenant relations review board is
     2 35 established in the department of commerce within the
     2 36 real estate commission.  The landlord=tenant relations
     2 37 review board shall consist of three members.  Members
     2 38 of the board shall be appointed to four=year staggered
     2 39 terms by the governor.
     2 40    2.  a.  A vacancy on the board shall be filled in
     2 41 the same manner as the original appointment.  A member
     2 42 appointed to fill a vacancy created other than by
     2 43 expiration of a term shall be appointed for the
     2 44 remainder of the unexpired term.
     2 45    b.  A majority of the members of the board
     2 46 constitutes a quorum.  Any action taken by the board
     2 47 must be adopted by the affirmative vote of a majority
     2 48 of its membership.
     2 49    c.  The board shall elect a chairperson from the
     2 50 membership of the board.  The chairperson shall serve
     3  1 a two=year term.
     3  2    d.  Board members shall be reimbursed for actual
     3  3 and necessary expenses incurred while engaged in their
     3  4 official duties.
     3  5    3.  The real estate commission shall provide staff
     3  6 assistance and administrative support to the board.
     3  7    4.  The duties of the board shall include all of
     3  8 the following:
     3  9    a.  Adopt and publish guidelines that estimate
     3 10 common restoration and replacement costs to landlords
     3 11 following termination of a tenancy.
     3 12    b.  Propose rules, for approval by the real estate
     3 13 commission and adoption by the commission pursuant to
     3 14 chapter 17A, describing the reporting requirements for
     3 15 landlords pursuant to section 562A.12A.
     3 16    c.  Hear and decide voluntary informal dispute
     3 17 resolution proceedings pursuant to subsection 5.
     3 18    d.  Receive and index rental deposit complaints
     3 19 against landlords from current and former tenants.
     3 20    e.  Compile and make available an annual report
     3 21 consisting of all landlord rental deposit reports
     3 22 received pursuant to section 562A.12A, a summary of
     3 23 the board's informal dispute resolution proceedings,
     3 24 and an index of all landlord rental deposit complaints
     3 25 received from tenants.
     3 26    5.  a.  The board shall preside over voluntary
     3 27 informal dispute resolution proceedings between
     3 28 tenants and landlords relating to the withholding of
     3 29 rental deposits under section 562A.12, subsection 3,
     3 30 paragraph "b".
     3 31    b.  An application for voluntary informal dispute
     3 32 resolution must be voluntarily signed and submitted by
     3 33 both parties.  The board shall determine a time and
     3 34 place for the proceeding and provide written notice of
     3 35 the proceeding to the parties.
     3 36    c.  The board shall adopt procedures to govern
     3 37 proceedings under this subsection.  The procedures
     3 38 shall be provided to the parties in writing and shall
     3 39 accompany the notice of the proceeding.
     3 40    d.  The rules of evidence shall not apply to a
     3 41 proceeding under this subsection.  The board shall
     3 42 review any relevant evidence provided by the parties
     3 43 and the rental agreement governing the tenancy.
     3 44    e.  The burden of proving, by a preponderance of
     3 45 the evidence, the reason for withholding all or any
     3 46 portion of the rental deposit shall be on the
     3 47 landlord.
     3 48    f.  The board shall issue a decision in the dispute
     3 49 no later than ten days after completion of the
     3 50 proceeding.  The board's decision is binding on the
     4  1 landlord and tenant if both parties have voluntarily
     4  2 participated in the proceeding.  A decision of the
     4  3 board shall preclude other remedies available to the
     4  4 parties relating to the withholding of the rental
     4  5 deposit under section 562A.12, subsection 3, paragraph
     4  6 "b".  However, a board decision may be enforced by a
     4  7 civil action in district court, and damages and
     4  8 attorney fees specified in section 562A.12,
     4  9 subsections 7 and 8, may be awarded by the court.
     4 10    g.  Section 562A.12, subsections 7 and 8, relating
     4 11 to punitive damages and attorney fees, shall not apply
     4 12 to voluntary informal dispute resolution proceedings
     4 13 under this subsection.
     4 14    6.  No member of the board may be held liable for
     4 15 civil damages for any statement or decision made
     4 16 pertaining to a dispute resolution proceeding under
     4 17 this section.
     4 18    7.  The real estate commission, in consultation
     4 19 with the board, shall adopt rules pursuant to chapter
     4 20 17A for carrying out the duties of the board pursuant
     4 21 to this section.
     4 22    8.  The board shall, except for actions taken in
     4 23 relation to proceedings under subsection 5, comply
     4 24 with the requirements of chapters 21 and 22.  The real
     4 25 estate commission shall be the official repository of
     4 26 board records.>
     4 27 #3.  Title page, by striking lines 1 and 2 and
     4 28 inserting the following:  <An Act relating to landlord
     4 29 and tenant law by modifying requirements related to
     4 30 rental deposits, providing for the establishment of a
     4 31 landlord=tenant relations review board, requiring
     4 32 certain premises to have an on=site manager and
     4 33 increasing punitive damages that may be awarded for
     4 34 wrongful retention of certain rental deposits.>
     4 35 #4.  By renumbering as necessary.
     4 36
     4 37
     4 38                               
     4 39 BELL of Jasper
     4 40 SF 445.704 82
     4 41 md/nh/21076

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