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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