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 Inana 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 -1-