House File 638 H-8297 Amend the Senate amendment, H-1317, to House File 638, as 1 passed by the House, as follows: 2 1. By striking page 1, line 4, through page 2, line 18, and 3 inserting: 4 << DIVISION ___ 5 GROUNDS FOR TERMINATION OF TENANCY 6 Sec. ___. Section 562B.10, Code 2020, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 4A. a. A landlord may only terminate a 9 tenancy if the tenant engages in any of the following or for 10 any of the following reasons: 11 (1) A material noncompliance with the rental agreement. 12 (2) A material violation of the manufactured home community 13 or mobile home park rules or regulations. 14 (3) Any other violation of this chapter for which 15 termination is a remedy. 16 (4) A legitimate and material business reason the impact of 17 which is not specific to one tenant. 18 (5) A change in the use of the land if change in the use 19 of the land is included in the rental agreement as grounds for 20 termination or nonrenewal. 21 b. A landlord may, upon providing ninety-day prior written 22 notice, elect to not renew a tenancy for any reason not 23 otherwise prohibited by law. 24 c. If the landlord presents evidence of written notice to a 25 tenant on at least three occasions, each notice dated not less 26 than ten days apart, of a condition identified in paragraph 27 “a” , subparagraph (1), (2), or (3), such evidence creates a 28 presumption of the existence of the condition unless and until 29 evidence is introduced which would support a finding of the 30 condition’s nonexistence. 31 Sec. ___. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 Sec. ___. APPLICABILITY. This division of this Act applies 34 to landlord decisions to not renew tenancies on or after the 35 -1- H1317.4442 (2) 88 md/jh 1/ 16 #1.

effective date of this division of this Act. 1 DIVISION ___ 2 RETALIATION 3 Sec. ___. Section 562B.32, subsection 1, paragraph d, Code 4 2020, is amended to read as follows: 5 d. For exercising any of the rights and remedies pursuant 6 to this chapter or chapter 216 . 7 Sec. ___. Section 562B.32, subsection 2, Code 2020, is 8 amended to read as follows: 9 2. If the landlord acts in violation of subsection 1 10 of this section , the tenant is entitled to the remedies 11 provided in section 562B.24 and has a defense in an action for 12 possession. In an action by or against the tenant, evidence 13 of a complaint within six months one year prior to the alleged 14 act of retaliation creates a presumption that the landlord’s 15 conduct was in retaliation. The presumption does not arise 16 if the tenant made the complaint after notice of termination 17 of the rental agreement. For the purpose of this subsection , 18 “presumption” means that the trier of fact must find the 19 existence of the fact presumed unless and until evidence is 20 introduced which would support a finding of its nonexistence. 21 Sec. ___. EFFECTIVE DATE. This division of this Act, being 22 deemed of immediate importance, takes effect upon enactment. 23 DIVISION ___ 24 RENT INCREASES 25 Sec. ___. Section 562B.14, subsection 7, Code 2020, is 26 amended to read as follows: 27 7. Each tenant shall be notified, in writing, of any rent 28 increase at least sixty one hundred twenty days before the 29 effective date. Such effective date shall not be sooner than 30 the expiration date of the original rental agreement or any 31 renewal or extension thereof. 32 Sec. ___. EFFECTIVE DATE. This division of this Act, being 33 deemed of immediate importance, takes effect upon enactment. 34 Sec. ___. APPLICABILITY. This division of this Act applies 35 -2- H1317.4442 (2) 88 md/jh 2/ 16

to rent increases under chapter 562B occurring on or after the 1 effective date of this division of this Act. 2 DIVISION ___ 3 LANDLORD REMEDIES AND PROCEDURES 4 Sec. ___. Section 555B.3, Code 2020, is amended to read as 5 follows: 6 555B.3 Action for abandonment —— jurisdiction. 7 A real property owner not requesting notification by the 8 sheriff as provided in section 555B.2 may bring an action 9 alleging abandonment in the court within the county where the 10 real property is located provided that there is no lien on 11 the mobile home or personal property other than a tax lien 12 pursuant to chapter 435 . The action shall be tried as an 13 equitable action. Unless commenced as a small claim, the 14 petition shall be presented to a district judge. Upon receipt 15 of the petition, either the court or the clerk of the district 16 court shall set a date for a hearing not later than fourteen 17 days from the date of the receipt of the petition , except when 18 there is a lien on the mobile home or personal property, other 19 than a tax lien, the court or the clerk of the district court 20 shall set a date for a hearing no sooner than twenty-five days 21 from the date of the receipt of the petition so as to allow for 22 service on the lienholder . 23 Sec. ___. Section 555B.4, Code 2020, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 4. If a lien, other than a tax lien, exists 26 on the mobile home or personal property at the time an action 27 for abandonment is initiated, personal service pursuant to rule 28 of civil procedure 1.305 shall be made upon the lienholder 29 no less than twenty days before the hearing. The notice to 30 the lienholder shall describe the mobile home and shall state 31 the docket, case number, date, time at which the hearing is 32 scheduled, and the lienholder’s right to assert a claim to 33 the mobile home at the hearing. The notice shall also state 34 that failure to assert a claim to the mobile home within the 35 -3- H1317.4442 (2) 88 md/jh 3/ 16

judicial proceedings is deemed a waiver of all right, title, 1 claim, and interest in the mobile home and is deemed consent to 2 the sale or disposal of the mobile home. If personal service 3 upon the lienholder cannot be completed in time to give the 4 lienholder the minimum notice required by this section, the 5 court may set a new hearing date. 6 Sec. ___. Section 555B.8, subsections 2 and 3, Code 2020, 7 are amended to read as follows: 8 2. If Except as otherwise ordered by the court, if the 9 mobile home owner or other claimant asserts a claim to the 10 property, the judgment shall be satisfied before the mobile 11 home owner or other claimant may take possession of the mobile 12 home or personal property. 13 3. If no claim is asserted to the mobile home or personal 14 property or if the judgment is not satisfied at the time of 15 entry, an order shall be entered allowing the real property 16 owner to sell or otherwise dispose of the mobile home and 17 personal property pursuant to section 555B.9 . If Except as 18 otherwise ordered by the court, if a claimant satisfies the 19 judgment at the time of entry, the court shall enter an order 20 permitting and directing the claimant to remove the mobile home 21 or personal property from its location within a reasonable time 22 to be fixed by the court. The court shall also determine the 23 amount of further rent or storage charges to be paid by the 24 claimant to the real property owner at the time of removal. 25 Sec. ___. Section 555B.9, subsections 1, 2, 3, and 4, Code 26 2020, are amended to read as follows: 27 1. Pursuant to an order for disposal under section 555B.8, 28 subsection 3 , the real property owner shall dispose of the 29 mobile home and personal property by public or private sale in 30 a commercially reasonable manner. If the personal property , 31 lienholder, owner , or other claimant has asserted a claim 32 to the mobile home or personal property within the judicial 33 proceedings , that person shall be notified of the sale by 34 restricted certified mail not less than five days before the 35 -4- H1317.4442 (2) 88 md/jh 4/ 16

sale. The notice is deemed given upon the mailing. The real 1 property owner may buy at any public sale, and if the mobile 2 home or personal property is of a type customarily sold in 3 a recognized market or is the subject of widely distributed 4 standard price quotations, the real property owner may buy at a 5 private sale. 6 2. A sale pursuant to subsection 1 transfers to the 7 purchaser for value, all of the mobile home owner’s rights 8 in the mobile home and personal property, and discharges the 9 real property owner’s interest in the mobile home and personal 10 property , and any tax lien , and any other lien . The purchaser 11 takes free of all rights and interests even though the real 12 property owner fails to comply with the requirements of this 13 chapter or of any judicial proceedings, if the purchaser acts 14 in good faith. 15 3. The proceeds of the sale of mobile home and personal 16 property shall be distributed as follows: 17 a. First, to satisfy the real property owner’s judgment 18 obtained under section 555B.8 . 19 b. Second, to satisfy any tax lien for which a claim was 20 asserted pursuant to section 555B.4, subsection 3 . 21 0c. Third, to satisfy any other lien for which a claim was 22 asserted pursuant to section 555B.4, subsection 4. 23 c. Any surplus remaining after the proceeds are distributed 24 shall be held by the real property owner for six months. If 25 the mobile home owner fails to claim the surplus in that time, 26 the surplus may be retained by the real property owner. If 27 a deficiency remains after distribution of the proceeds, the 28 mobile home owner is liable for the amount of the deficiency. 29 4. Notwithstanding subsections 1 through 3 , the real 30 property owner may propose to retain the mobile home and 31 personal property in satisfaction of the judgment obtained 32 pursuant to section 555B.8 . Written notice of the proposal 33 shall be sent to the mobile home owner , lienholder, or other 34 claimant, if that person has asserted a claim to the mobile 35 -5- H1317.4442 (2) 88 md/jh 5/ 16

home or personal property in the judicial proceedings. If 1 the real property owner receives objection in writing from 2 the mobile home owner , lienholder, or other claimant within 3 twenty-one days after the notice was sent, the real property 4 owner shall dispose of the mobile home and personal property 5 pursuant to subsection 1 . If no written objection is received 6 by the real property owner within twenty-one days after the 7 notice was sent, the mobile home and personal property may be 8 retained. Retention of the mobile home and personal property 9 discharges the judgment of the real property owner , and any tax 10 lien , and any other lien . 11 Sec. ___. Section 562A.9, subsection 4, Code 2020, is 12 amended to read as follows: 13 4. For rental agreements in which the rent does not exceed 14 seven hundred dollars per month, a rental agreement shall not 15 provide for a late fee that exceeds twelve dollars per day or a 16 total amount of sixty dollars per month. For rental agreements 17 in which the rent is greater than seven hundred dollars per 18 month but less than one thousand four hundred dollars per 19 month , a rental agreement shall not provide for a late fee that 20 exceeds twenty dollars per day or a total amount of one hundred 21 dollars per month. For rental agreements in which the rent is 22 at least one thousand four hundred dollars per month, a rental 23 agreement shall not provide for a late fee that exceeds two 24 percent of the rent per day or a total amount of ten percent of 25 the rent per month. 26 Sec. ___. Section 562B.10, subsections 4 and 7, Code 2020, 27 are amended to read as follows: 28 4. For rental agreements in which the rent does not exceed 29 seven hundred dollars per month, a rental agreement shall not 30 provide for a late fee that exceeds twelve dollars per day or a 31 total amount of sixty dollars per month. For rental agreements 32 in which the rent is greater than seven hundred dollars per 33 month but less than one thousand four hundred dollars per 34 month , a rental agreement shall not provide for a late fee that 35 -6- H1317.4442 (2) 88 md/jh 6/ 16

exceeds twenty dollars per day or a total amount of one hundred 1 dollars per month. For rental agreements in which the rent is 2 at least one thousand four hundred dollars per month, a rental 3 agreement shall not provide for a late fee that exceeds two 4 percent of the rent per day or a total amount of ten percent of 5 the rent per month. 6 7. a. If a tenant who was sole owner of a mobile home dies 7 during the term of a rental agreement then that person’s heirs 8 or legal representative or the landlord shall have the right 9 to cancel the tenant’s lease by giving sixty days’ written 10 notice to the person’s heirs or legal representative or to 11 the landlord, whichever is appropriate, and the heirs or the 12 legal representative shall have the same rights, privileges and 13 liabilities of the original tenant. 14 b. (1) If a tenant who was sole owner of a mobile home dies 15 during the term of a rental agreement resulting in the mobile 16 home being abandoned as provided in section 562B.27, subsection 17 1, and the landlord cannot, despite due diligence, locate such 18 tenant’s heirs or legal representatives, then the landlord may 19 bring an action for abandonment as provided in section 555B.3, 20 naming as defendants the estate of the tenant and any and all 21 unknown heirs of the tenant and, upon the landlord’s filing 22 of an affidavit that personal service cannot be had on any 23 heir, legal representative, or estate of the tenant, the court 24 shall permit original notice of such action to be served by 25 publication pursuant to subparagraph (2) of this paragraph. 26 (2) Publication of the original notice shall be made 27 once each week for three consecutive weeks in a newspaper of 28 general circulation published in the county where the petition 29 is filed, as provided in rules of civil procedure 1.313 and 30 1.314. Service is complete after the third consecutive weekly 31 publication. 32 (3) In the event any tax lien or other lien exists on 33 the mobile home, the landlord may proceed with an action for 34 abandonment as provided in section 555B.3, except that: 35 -7- H1317.4442 (2) 88 md/jh 7/ 16

(a) Notice shall be provided to the county treasurer as 1 provided in section 555B.4, subsection 3, if a tax lien exists. 2 (b) Personal service pursuant to rule of civil procedure 3 1.305 shall be made upon any lienholder no less than twenty 4 days before the hearing. 5 (4) Any notice to a lienholder shall state that failure 6 to assert a claim to the mobile home is deemed a waiver of 7 all right, title, claim, and interest in the mobile home and 8 is deemed consent to the sale or disposal of the mobile home. 9 If personal service upon the lienholder cannot be completed 10 in time to give the lienholder the minimum notice required by 11 subparagraph (3), the court may set a new hearing date. 12 Sec. ___. Section 648.5, subsection 1, Code 2020, is amended 13 to read as follows: 14 1. An action for forcible entry and detainer shall be 15 brought in a county where all or part of the premises is 16 located. Such an action shall be tried as an equitable action. 17 Upon receipt of the petition, the court shall set a date, 18 time, and place for hearing. The court shall set the date 19 of hearing no later than eight days from the filing date, 20 except that the court shall set a later hearing date no later 21 than fifteen days from the date of filing if the plaintiff 22 requests or consents to the later date of hearing. The 23 requirement regarding the setting of the initial hearing is not 24 a jurisdictional requirement and does not affect the court’s 25 subject matter jurisdiction to hear the action for forcible 26 entry and detainer. 27 Sec. ___. EFFECTIVE DATE. The following take effect January 28 1, 2021: 29 1. The section of this division of this Act amending section 30 562A.9, subsection 4. 31 2. The portion of the section of this division of this Act 32 amending section 562B.10, subsection 4. 33 DIVISION ___ 34 UNLAWFUL OUSTER 35 -8- H1317.4442 (2) 88 md/jh 8/ 16

Sec. ___. Section 562B.24, Code 2020, is amended to read as 1 follows: 2 562B.24 Tenant’s remedies for landlord’s unlawful ouster, 3 exclusion or diminution of services. 4 If the landlord unlawfully removes or excludes the tenant 5 from the manufactured home community or mobile home park or 6 willfully diminishes services to the tenant by interrupting 7 or causing the interruption of electric, gas, water , or 8 other essential service to the tenant, the tenant may recover 9 possession, require the restoration of essential services or 10 terminate the rental agreement and, in either case, recover an 11 amount not to exceed two months’ periodic rent , and twice the 12 actual damages sustained by the tenant , and reasonable attorney 13 fees . If the rental agreement is terminated, the landlord 14 shall return all prepaid rent and security. 15 Sec. ___. EFFECTIVE DATE. This division of this Act, being 16 deemed of immediate importance, takes effect upon enactment. 17 Sec. ___. APPLICABILITY. This division of this Act 18 applies to actions under section 562B.24 filed on or after the 19 effective date of this division of this Act. 20 DIVISION ___ 21 WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES 22 Sec. ___. NEW SECTION . 562B.23A Wrongful failure to supply 23 running water or essential services. 24 1. If contrary to the rental agreement or section 562B.16 25 the landlord deliberately or negligently fails to supply 26 running water or other essential services, the tenant may give 27 written notice to the landlord specifying the breach and may 28 do one of the following: 29 a. Procure reasonable amounts of water or other essential 30 services during the period of the landlord’s noncompliance and 31 deduct the actual and reasonable cost from the rent. 32 b. Recover damages based upon the diminution in the fair 33 market value of the mobile home space. 34 c. Recover any rent already paid for the period of the 35 -9- H1317.4442 (2) 88 md/jh 9/ 16

landlord’s noncompliance which shall be reimbursed on a pro 1 rata basis. 2 2. If the tenant proceeds under this section, the tenant may 3 not proceed under section 562B.22 as to that breach. 4 3. The rights under this section do not arise until the 5 tenant has given notice to the landlord or if the condition was 6 caused by the deliberate or negligent act or omission of the 7 tenant, a member of the tenant’s family, or other person on the 8 premises with the consent of the tenant. 9 Sec. ___. EFFECTIVE DATE. This division of this Act, being 10 deemed of immediate importance, takes effect upon enactment. 11 Sec. ___. APPLICABILITY. This division of this Act applies 12 to actions under section 562B.23A filed on or after the 13 effective date of this division of this Act. 14 DIVISION ___ 15 HOME EQUIPMENT MODIFICATIONS —— PROHIBITED RENTAL AGREEMENT 16 PROVISIONS 17 Sec. ___. Section 562B.11, subsection 1, Code 2020, is 18 amended by adding the following new paragraph: 19 NEW PARAGRAPH . e. Agrees to modify the mobile home, 20 manufactured home, or modular home in a way that would 21 substantially impair the ability of the tenant to move the 22 home from the mobile home space, unless such modification is 23 required by federal law, including but not limited to the 24 model manufactured home installation standards, 24 C.F.R. pt. 25 3285, the manufactured home construction and safety standards, 26 24 C.F.R. pt. 3280, or the manufactured home procedural and 27 enforcement regulations, 24 C.F.R. pt. 3282, or by state or 28 local law, the manufacturer’s installation instructions, any 29 requirement arising from the landlord’s financing of the home 30 or of the mobile home park or manufactured home community in 31 which the home is located, or unless such modification is 32 otherwise necessary for the safe and proper installation of the 33 home. 34 DIVISION ___ 35 -10- H1317.4442 (2) 88 md/jh 10/ 16

LANDLORD SALES 1 Sec. ___. NEW SECTION . 562B.17A Sale of mobile home by 2 landlord. 3 1. Any sale of a mobile home located in a manufactured 4 home community or mobile home park by a landlord or landlord’s 5 agent shall be by written agreement and the landlord shall 6 produce and assign the current certificate of title obtained 7 from the department of transportation. The agreement shall 8 state the basic terms of sale, including the total cost of 9 the mobile home, finance charges, annual percentage rate, and 10 the frequency and amount of each installment payment. Such 11 agreement shall comply with the finance charge rate limitation 12 in section 103A.58, subsection 1. 13 2. Any such sale that does not comply with this section 14 may be voided by the buyer and the buyer may recover damages 15 incurred, amounts paid as a rental deposit in excess of two 16 months’ rent for the mobile home, and reasonable attorney fees. 17 3. A claim under subsection 2 may be combined with an action 18 under chapter 648. 19 Sec. ___. Section 648.19, subsection 1, Code 2020, is 20 amended to read as follows: 21 1. An action under this chapter shall not be filed in 22 connection with any other action, with the exception of a claim 23 for rent or recovery as provided in section 555B.3 , 562A.24 , 24 562A.32 , 562B.17A, 562B.22 , 562B.25 , or 562B.27 , nor shall it 25 be made the subject of counterclaim. 26 DIVISION ___ 27 DISCLOSURE OF UTILITY CHARGES 28 Sec. ___. Section 562B.14, subsection 6, Code 2020, is 29 amended to read as follows: 30 6. a. The landlord or any person authorized to enter into 31 a rental agreement on the landlord’s behalf shall provide a 32 written explanation of utility rates, charges and services to 33 the prospective tenant before the rental agreement is signed 34 unless the utility charges are paid by the tenant directly to 35 -11- H1317.4442 (2) 88 md/jh 11/ 16

the utility company. 1 b. If a landlord obtains a utility service from a utility 2 provider and furnishes the utility to the tenant and the 3 landlord’s charge to the tenant is based upon the utility 4 provider’s charge or rate for the use of such utility to 5 consumers, an increase in the landlord’s charge to a tenant 6 for the utility that corresponds to the same increase in the 7 utility provider’s charge or rate to the landlord shall be 8 effective thirty days after the landlord provides written 9 notice of such increase to the tenant, unless the landlord does 10 not receive at least sixty days’ prior notice of such increase 11 from the utility provider in which case no prior notice of the 12 increase from the landlord to the tenant is required for the 13 increase to be effective. 14 DIVISION ___ 15 FURNISHING OF WATER AND UTILITY CHARGES 16 Sec. ___. Section 423.3, subsection 103, Code 2020, is 17 amended to read as follows: 18 103. a. (1) The sales price from the sale or furnishing by 19 a water utility of a water service in the state to consumers or 20 users. 21 (2) Water service furnished by a mobile home park that does 22 not engage in the sale of water service. For purposes of this 23 subsection, a mobile home park does not engage in the sale of 24 water service if all of the following apply: 25 (a) The water service is not furnished to tenants for a 26 separately itemized price. 27 (b) The water service is not otherwise identifiable from 28 an invoice, bill, catalogue, price list, rate card, receipt, 29 agreement, or other similar document, including where the total 30 sales price increases when water service is included in the 31 sale to tenants. 32 (c) The water service is incidental to the rental of real 33 property. 34 b. For purposes of this subsection : 35 -12- H1317.4442 (2) 88 md/jh 12/ 16

(1) “Mobile home park” means the same as defined in section 1 562B.7. 2 (1) (2) “Water service” means the delivery of water by 3 piped distribution system. 4 (2) (3) “Water utility” means a public utility as defined 5 in section 476.1 that furnishes water by piped distribution 6 system to the public for compensation. 7 Sec. ___. Section 423G.4, Code 2020, is amended by striking 8 the section and inserting in lieu thereof the following: 9 423G.4 Exemptions. 10 There is exempted from the tax imposed by this chapter the 11 following: 12 1. The sales price from transactions exempt from state 13 sales tax under section 423.3. However, the sales price from 14 transactions exempt from state sales tax under section 423.3, 15 subsection 103, shall not be exempt unless as provided in 16 subsection 2 or 3. 17 2. a. The sales price from the sale or furnishing of water 18 by a mobile home park through a piped distribution system 19 maintained by the mobile home park, to a consumer or user of 20 water who is a tenant, if all of the following apply: 21 (1) The water was obtained from a water utility. 22 (2) A tax was imposed by this chapter on the sales price 23 from the sale or furnishing of water by a water utility to the 24 mobile home park based upon readings of the master meter of the 25 mobile home park. 26 (3) The tenant is not charged for water by the mobile home 27 park in an amount that is more than the rate the tenant would be 28 charged for consuming or using water from the water utility, 29 plus an administrative fee under section 562B.16, subsection 3, 30 not to exceed five dollars per month. 31 b. As used in this section: 32 (1) “Master meter” means a single meter used in determining 33 the amount of water provided to a mobile home park. 34 (2) “Mobile home park” means the same as defined in section 35 -13- H1317.4442 (2) 88 md/jh 13/ 16

562B.7 and also includes a “manufactured home community” , as 1 defined in section 562B.7. 2 (3) “Piped distribution system” includes a submetered 3 distribution system. 4 (4) “Tenant” means the same as defined in section 562B.7. 5 (5) “Water utility” means a public utility as defined in 6 section 476.1 that furnishes water by a piped distribution 7 system to the public for compensation. 8 3. Water service furnished by a mobile home park that does 9 not engage in the sale of water service. For purposes of this 10 subsection, a mobile home park does not engage in the sale of 11 water service if all of the following apply: 12 a. The water service is not furnished to tenants for a 13 separately itemized price. 14 b. The water service is not otherwise identifiable from 15 an invoice, bill, catalogue, price list, rate card, receipt, 16 agreement, or other similar document, including where the total 17 sales price increases when water service is included in the 18 sale to tenants. 19 c. The water service is incidental to the rental of real 20 property. 21 Sec. ___. Section 455B.171, subsection 26, Code 2020, is 22 amended to read as follows: 23 26. “Public water supply system” means , except as provided 24 in section 455B.200, a system for the provision to the public 25 of piped water for human consumption, if the system has at 26 least fifteen service connections or regularly serves at least 27 twenty-five individuals. The term includes any source of 28 water and any collection, treatment, storage, and distribution 29 facilities under control of the operator of the system and used 30 primarily in connection with the system, and any collection or 31 pretreatment storage facilities not under such control which 32 are used primarily in connection with the system. 33 Sec. ___. NEW SECTION . 455B.200 Mobile home parks. 34 1. As used in this section: 35 -14- H1317.4442 (2) 88 md/jh 14/ 16

a. “Mobile home park” means the same as defined in section 1 423G.4. 2 b. “Tenant” means the same as defined in section 562B.7. 3 c. “Water utility” means a public utility as defined in 4 section 476.1 that furnishes water by a piped distribution 5 system to the public for compensation. 6 2. For purposes of this part 1, a mobile home park shall 7 not be considered a public water supply system if the mobile 8 home park sells or furnishes water to a tenant and all of the 9 following apply: 10 a. The water was obtained from a water utility prior to 11 selling or furnishing the water to a tenant. 12 b. The tenant is not charged more than the rate the tenant 13 would be charged for consuming or using water from the water 14 utility, plus an administrative fee under section 562B.16, 15 subsection 3, not to exceed five dollars per month. 16 Sec. ___. Section 562B.14, subsection 6, Code 2020, is 17 amended to read as follows: 18 6. The landlord or any person authorized to enter into 19 a rental agreement on the landlord’s behalf shall provide 20 a written explanation of utility rates, fees, charges , and 21 services , subject to section 562B.16, subsection 3, to the 22 prospective tenant before the rental agreement is signed unless 23 the utility charges are paid by the tenant directly to the 24 utility company. 25 Sec. ___. Section 562B.16, Code 2020, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 3. A landlord that is responsible for 28 payment of utilities being provided to the tenant shall not 29 charge to the tenant an amount in excess of the actual cost of 30 the utility and as specified in writing under section 562B.14, 31 subsection 6. However, in addition to the actual cost of the 32 utility, a landlord that is responsible for the payment of one 33 or more utilities being provided to the tenant may impose a 34 monthly utility administration fee to each tenant not to exceed 35 -15- H1317.4442 (2) 88 md/jh 15/ 16

five dollars per month. 1 Sec. ___. Section 562B.25, Code 2020, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 2A. The failure of a tenant to pay utility 4 charges that exceed the actual cost of the utility provided 5 as required by section 562B.16, subsection 3, shall not be 6 considered noncompliance with the rental agreement. > 7 2. Page 2, by striking lines 20 through 22 and inserting < An 8 Act relating to property law by modifying provisions relating 9 to rental properties, manufactured home communities, mobile 10 home parks, and manufactured mobile home communities, modifying 11 provisions governing actions relating to such properties, and 12 including effective date and applicability provisions. >> 13 3. By renumbering as necessary. 14 ______________________________ LOHSE of Polk -16- H1317.4442 (2) 88 md/jh 16/ 16 #2. #3.