House
File
493
S-5085
Amend
House
File
493,
as
amended,
passed,
and
1
reprinted
by
the
House,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
3
and
inserting:
4
<
Section
1.
Section
331.304,
Code
2016,
is
amended
5
by
adding
the
following
new
subsection:
6
NEW
SUBSECTION
.
11.
A
county
shall
not
adopt
or
7
enforce
any
ordinance
or
regulation
in
violation
of
8
section
562A.27B
or
562B.25B.
9
Sec.
2.
Section
364.3,
Code
2016,
is
amended
by
10
adding
the
following
new
subsection:
11
NEW
SUBSECTION
.
11.
A
city
shall
not
adopt
or
12
enforce
any
ordinance
or
regulation
in
violation
of
13
section
562A.27B
or
562B.25B.
14
Sec.
3.
NEW
SECTION
.
562A.27B
Right
to
summon
15
emergency
assistance
——
waiver
of
rights.
16
1.
a.
A
landlord
shall
not
prohibit
or
limit
a
17
resident’s
or
tenant’s
rights
to
summon
law
enforcement
18
assistance
or
other
emergency
assistance
by
or
on
19
behalf
of
a
victim
of
abuse,
a
victim
of
a
crime,
or
an
20
individual
in
an
emergency.
21
b.
A
landlord
shall
not
impose
monetary
or
other
22
penalties
on
a
resident
or
tenant
who
exercises
the
23
resident’s
or
tenant’s
right
to
summon
law
enforcement
24
assistance
or
other
emergency
assistance.
25
c.
Penalties
prohibited
by
this
subsection
include
26
all
of
the
following:
27
(1)
The
actual
or
threatened
assessment
of
28
penalties,
fines,
or
fees.
29
(2)
The
actual
or
threatened
eviction,
or
causing
30
the
actual
or
threatened
eviction,
from
the
premises.
31
d.
Any
waiver
of
the
provisions
of
this
32
subsection
is
contrary
to
public
policy
and
is
void,
33
unenforceable,
and
of
no
force
or
effect.
34
e.
This
subsection
shall
not
be
construed
to
35
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7
#1.
prohibit
a
landlord
from
recovering
from
a
resident
1
or
tenant
an
amount
equal
to
the
costs
incurred
to
2
repair
property
damage
if
the
damage
is
caused
by
law
3
enforcement
or
other
emergency
personnel
summoned
by
4
the
resident
or
tenant.
5
f.
This
section
does
not
prohibit
a
landlord
from
6
terminating,
evicting,
or
refusing
to
renew
a
tenancy
7
or
rental
agreement
when
such
action
is
premised
upon
8
grounds
other
than
the
resident’s
or
tenant’s
exercise
9
of
the
right
to
summon
law
enforcement
assistance
or
10
other
emergency
assistance
by
or
on
behalf
of
a
victim
11
of
abuse,
a
victim
of
a
crime,
or
an
individual
in
an
12
emergency.
13
2.
a.
An
ordinance,
rule,
or
regulation
of
a
14
city,
county,
or
other
governmental
entity
shall
not
15
authorize
imposition
of
a
penalty
against
a
resident,
16
owner,
tenant,
or
landlord
because
the
resident,
owner,
17
tenant,
or
landlord
was
a
victim
of
abuse
or
crime.
18
b.
An
ordinance,
rule,
or
regulation
of
a
city,
19
county,
or
other
governmental
entity
shall
not
20
authorize
imposition
of
a
penalty
against
a
resident,
21
owner,
tenant,
or
landlord
because
the
resident,
owner,
22
tenant,
or
landlord
sought
law
enforcement
assistance
23
or
other
emergency
assistance
for
a
victim
of
abuse,
a
24
victim
of
a
crime,
or
an
individual
in
an
emergency,
if
25
either
of
the
following
is
established:
26
(1)
The
resident,
owner,
tenant,
or
landlord
27
seeking
assistance
had
a
reasonable
belief
that
the
28
emergency
assistance
was
necessary
to
prevent
the
29
perpetration
or
escalation
of
the
abuse,
crime,
or
30
emergency.
31
(2)
In
the
event
of
abuse,
crime,
or
other
32
emergency,
the
emergency
assistance
was
actually
33
needed.
34
c.
Penalties
prohibited
by
this
subsection
include
35
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HF493.3065
(1)
86
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7
all
of
the
following:
1
(1)
The
actual
or
threatened
assessment
of
2
penalties,
fines,
or
fees.
3
(2)
The
actual
or
threatened
eviction,
or
causing
4
the
actual
or
threatened
eviction,
from
the
premises.
5
(3)
The
actual
or
threatened
revocation,
6
suspension,
or
nonrenewal
of
a
rental
certificate,
7
license,
or
permit.
8
d.
This
subsection
does
not
prohibit
a
city,
9
county,
or
other
governmental
entity
from
enforcing
any
10
ordinance,
rule,
or
regulation
premised
upon
grounds
11
other
than
a
request
for
law
enforcement
assistance
12
or
other
emergency
assistance
by
a
resident,
owner,
13
tenant,
or
landlord,
or
the
fact
that
the
resident,
14
owner,
tenant,
or
landlord
was
a
victim
of
crime
or
15
abuse.
16
e.
This
subsection
does
not
prohibit
a
city,
17
county,
or
other
governmental
entity
from
collecting
18
penalties,
fines,
or
fees
for
services
provided
which
19
are
necessitated
by
the
cleanup
of
hazardous
materials,
20
the
cleanup
of
vandalism,
for
a
response
to
a
false
21
alarm
call,
or
which
are
incurred
by
the
provision
of
22
emergency
medical
services.
23
3.
In
addition
to
other
remedies
provided
by
law,
24
if
an
owner
or
landlord
violates
the
provisions
of
this
25
section,
a
resident
or
tenant
is
entitled
to
recover
26
from
the
owner
or
landlord
any
of
the
following:
27
a.
A
civil
penalty
in
an
amount
equal
to
one
28
month’s
rent.
29
b.
Actual
damages.
30
c.
Reasonable
attorney
fees
the
tenant
or
resident
31
incurs
in
seeking
enforcement
of
this
section.
32
d.
Court
costs.
33
e.
Injunctive
relief.
34
4.
In
addition
to
other
remedies
provided
by
35
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HF493.3065
(1)
86
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3/
7
law,
if
a
city,
county,
or
other
governmental
entity
1
violates
the
provisions
of
this
section,
a
resident,
2
owner,
tenant,
or
landlord
is
entitled
to
recover
from
3
the
city,
county,
or
other
governmental
entity
any
of
4
the
following:
5
a.
An
order
requiring
the
city,
county,
or
other
6
governmental
entity
to
cease
and
desist
the
unlawful
7
practice.
8
b.
Other
equitable
relief,
including
reinstatement
9
of
a
rental
certificate,
license,
or
permit,
as
the
10
court
may
deem
appropriate.
11
c.
Actual
damages.
12
d.
Reasonable
attorney
fees
the
resident,
owner,
13
tenant,
or
landlord
incurs
in
seeking
enforcement
of
14
this
section.
15
e.
Court
costs.
16
5.
For
purposes
of
this
section,
“resident”
means
17
a
member
of
a
tenant’s
family
and
any
other
person
18
occupying
the
dwelling
unit
with
the
consent
of
the
19
tenant.
20
Sec.
4.
NEW
SECTION
.
562B.25B
Right
to
summon
21
emergency
assistance
——
waiver
of
rights.
22
1.
a.
A
landlord
shall
not
prohibit
or
limit
a
23
resident’s
or
tenant’s
rights
to
summon
law
enforcement
24
assistance
or
other
emergency
assistance
by
or
on
25
behalf
of
a
victim
of
abuse,
a
victim
of
a
crime,
or
an
26
individual
in
an
emergency.
27
b.
A
landlord
shall
not
impose
monetary
or
other
28
penalties
on
a
resident
or
tenant
who
exercises
the
29
resident’s
or
tenant’s
right
to
summon
law
enforcement
30
assistance
or
other
emergency
assistance.
31
c.
Penalties
prohibited
by
this
subsection
include
32
all
of
the
following:
33
(1)
The
actual
or
threatened
assessment
of
34
penalties,
fines,
or
fees.
35
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HF493.3065
(1)
86
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7
(2)
The
actual
or
threatened
eviction,
or
causing
1
the
actual
or
threatened
eviction,
from
the
premises.
2
d.
Any
waiver
of
the
provisions
of
this
3
subsection
is
contrary
to
public
policy
and
is
void,
4
unenforceable,
and
of
no
force
or
effect.
5
e.
This
subsection
shall
not
be
construed
to
6
prohibit
a
landlord
from
recovering
from
a
resident
7
or
tenant
an
amount
equal
to
the
costs
incurred
to
8
repair
property
damage
if
the
damage
is
caused
by
law
9
enforcement
or
other
emergency
personnel
summoned
by
10
the
resident
or
tenant.
11
f.
This
section
does
not
prohibit
a
landlord
from
12
terminating,
evicting,
or
refusing
to
renew
a
tenancy
13
or
rental
agreement
when
such
action
is
premised
upon
14
grounds
other
than
the
resident’s
or
tenant’s
exercise
15
of
the
right
to
summon
law
enforcement
assistance
or
16
other
emergency
assistance
by
or
on
behalf
of
a
victim
17
of
abuse,
a
victim
of
a
crime,
or
an
individual
in
an
18
emergency.
19
2.
a.
An
ordinance,
rule,
or
regulation
of
a
20
city,
county,
or
other
governmental
entity
shall
not
21
authorize
imposition
of
a
penalty
against
a
resident,
22
owner,
tenant,
or
landlord
because
the
resident,
owner,
23
tenant,
or
landlord
was
a
victim
of
abuse
or
crime.
24
b.
An
ordinance,
rule,
or
regulation
of
a
city,
25
county,
or
other
governmental
entity
shall
not
26
authorize
imposition
of
a
penalty
against
a
resident,
27
owner,
tenant,
or
landlord
because
the
resident,
owner,
28
tenant,
or
landlord
sought
law
enforcement
assistance
29
or
other
emergency
assistance
for
a
victim
of
abuse,
a
30
victim
of
a
crime,
or
an
individual
in
an
emergency,
if
31
either
of
the
following
is
established:
32
(1)
The
resident,
owner,
tenant,
or
landlord
33
seeking
assistance
had
a
reasonable
belief
that
the
34
emergency
assistance
was
necessary
to
prevent
the
35
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HF493.3065
(1)
86
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7
perpetration
or
escalation
of
the
abuse,
crime,
or
1
emergency.
2
(2)
In
the
event
of
abuse,
crime,
or
other
3
emergency,
the
emergency
assistance
was
actually
4
needed.
5
c.
Penalties
prohibited
by
this
subsection
include
6
all
of
the
following:
7
(1)
The
actual
or
threatened
assessment
of
8
penalties,
fines,
or
fees.
9
(2)
The
actual
or
threatened
eviction,
or
causing
10
the
actual
or
threatened
eviction,
from
the
premises.
11
(3)
The
actual
or
threatened
revocation,
12
suspension,
or
nonrenewal
of
a
rental
certificate,
13
license,
or
permit.
14
d.
This
subsection
does
not
prohibit
a
city,
15
county,
or
other
governmental
entity
from
enforcing
any
16
ordinance,
rule,
or
regulation
premised
upon
grounds
17
other
than
a
request
for
law
enforcement
assistance
18
or
other
emergency
assistance
by
a
resident,
owner,
19
tenant,
or
landlord,
or
the
fact
that
the
resident,
20
owner,
tenant,
or
landlord
was
a
victim
of
crime
or
21
abuse.
22
e.
This
subsection
does
not
prohibit
a
city,
23
county,
or
other
governmental
entity
from
collecting
24
penalties,
fines,
or
fees
for
services
provided
which
25
are
necessitated
by
the
cleanup
of
hazardous
materials,
26
the
cleanup
of
vandalism,
for
a
response
to
a
false
27
alarm
call,
or
which
are
incurred
by
the
provision
of
28
emergency
medical
services.
29
3.
In
addition
to
other
remedies
provided
by
law,
30
if
an
owner
or
landlord
violates
the
provisions
of
this
31
section,
a
resident
or
tenant
is
entitled
to
recover
32
from
the
owner
or
landlord
any
of
the
following:
33
a.
A
civil
penalty
in
an
amount
equal
to
one
34
month’s
rent.
35
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HF493.3065
(1)
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7
b.
Actual
damages.
1
c.
Reasonable
attorney
fees
the
tenant
or
resident
2
incurs
in
seeking
enforcement
of
this
section.
3
d.
Court
costs.
4
e.
Injunctive
relief.
5
4.
In
addition
to
other
remedies
provided
by
6
law,
if
a
city,
county,
or
other
governmental
entity
7
violates
the
provisions
of
this
section,
a
resident,
8
owner,
tenant,
or
landlord
is
entitled
to
recover
from
9
the
city,
county,
or
other
governmental
entity
any
of
10
the
following:
11
a.
An
order
requiring
the
city,
county,
or
other
12
governmental
entity
to
cease
and
desist
the
unlawful
13
practice.
14
b.
Other
equitable
relief,
including
reinstatement
15
of
a
rental
certificate,
license,
or
permit,
as
the
16
court
may
deem
appropriate.
17
c.
Actual
damages.
18
d.
Reasonable
attorney
fees
the
resident,
owner,
19
tenant,
or
landlord
incurs
in
seeking
enforcement
of
20
this
section.
21
e.
Court
costs.
22
5.
For
purposes
of
this
section,
“resident”
means
23
a
member
of
a
tenant’s
family
and
any
other
person
24
occupying
the
dwelling
unit
with
the
consent
of
the
25
tenant.
>
26
______________________________
COMMITTEE
ON
JUDICIARY
STEVEN
J.
SODDERS,
CHAIRPERSON
-7-
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(1)
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7