House
File
638
H-8306
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
RETALIATION
6
Sec.
___.
Section
562B.32,
subsection
1,
paragraph
d,
Code
7
2020,
is
amended
to
read
as
follows:
8
d.
For
exercising
any
of
the
rights
and
remedies
pursuant
9
to
this
chapter
or
chapter
216
.
10
Sec.
___.
Section
562B.32,
subsection
2,
Code
2020,
is
11
amended
to
read
as
follows:
12
2.
If
the
landlord
acts
in
violation
of
subsection
1
13
of
this
section
,
the
tenant
is
entitled
to
the
remedies
14
provided
in
section
562B.24
and
has
a
defense
in
an
action
for
15
possession.
In
an
action
by
or
against
the
tenant,
evidence
16
of
a
complaint
within
six
months
one
year
prior
to
the
alleged
17
act
of
retaliation
creates
a
presumption
that
the
landlord’s
18
conduct
was
in
retaliation.
The
presumption
does
not
arise
19
if
the
tenant
made
the
complaint
after
notice
of
termination
20
of
the
rental
agreement.
For
the
purpose
of
this
subsection
,
21
“presumption”
means
that
the
trier
of
fact
must
find
the
22
existence
of
the
fact
presumed
unless
and
until
evidence
is
23
introduced
which
would
support
a
finding
of
its
nonexistence.
24
Sec.
___.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
25
deemed
of
immediate
importance,
takes
effect
upon
enactment.
26
DIVISION
___
27
RENT
INCREASES
28
Sec.
___.
Section
562B.14,
subsection
7,
Code
2020,
is
29
amended
to
read
as
follows:
30
7.
Each
tenant
shall
be
notified,
in
writing,
of
any
rent
31
increase
at
least
sixty
one
hundred
twenty
days
before
the
32
effective
date.
Such
effective
date
shall
not
be
sooner
than
33
the
expiration
date
of
the
original
rental
agreement
or
any
34
renewal
or
extension
thereof.
35
-1-
H1317.4462
(1)
88
md/jh
1/
15
#1.
Sec.
___.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
1
deemed
of
immediate
importance,
takes
effect
upon
enactment.
2
Sec.
___.
APPLICABILITY.
This
division
of
this
Act
applies
3
to
rent
increases
under
chapter
562B
occurring
on
or
after
the
4
effective
date
of
this
division
of
this
Act.
5
DIVISION
___
6
LANDLORD
REMEDIES
AND
PROCEDURES
7
Sec.
___.
Section
555B.3,
Code
2020,
is
amended
to
read
as
8
follows:
9
555B.3
Action
for
abandonment
——
jurisdiction.
10
A
real
property
owner
not
requesting
notification
by
the
11
sheriff
as
provided
in
section
555B.2
may
bring
an
action
12
alleging
abandonment
in
the
court
within
the
county
where
the
13
real
property
is
located
provided
that
there
is
no
lien
on
14
the
mobile
home
or
personal
property
other
than
a
tax
lien
15
pursuant
to
chapter
435
.
The
action
shall
be
tried
as
an
16
equitable
action.
Unless
commenced
as
a
small
claim,
the
17
petition
shall
be
presented
to
a
district
judge.
Upon
receipt
18
of
the
petition,
either
the
court
or
the
clerk
of
the
district
19
court
shall
set
a
date
for
a
hearing
not
later
than
fourteen
20
days
from
the
date
of
the
receipt
of
the
petition
,
except
when
21
there
is
a
lien
on
the
mobile
home
or
personal
property,
other
22
than
a
tax
lien,
the
court
or
the
clerk
of
the
district
court
23
shall
set
a
date
for
a
hearing
no
sooner
than
twenty-five
days
24
from
the
date
of
the
receipt
of
the
petition
so
as
to
allow
for
25
service
on
the
lienholder
.
26
Sec.
___.
Section
555B.4,
Code
2020,
is
amended
by
adding
27
the
following
new
subsection:
28
NEW
SUBSECTION
.
4.
If
a
lien,
other
than
a
tax
lien,
exists
29
on
the
mobile
home
or
personal
property
at
the
time
an
action
30
for
abandonment
is
initiated,
personal
service
pursuant
to
rule
31
of
civil
procedure
1.305
shall
be
made
upon
the
lienholder
32
no
less
than
twenty
days
before
the
hearing.
The
notice
to
33
the
lienholder
shall
describe
the
mobile
home
and
shall
state
34
the
docket,
case
number,
date,
time
at
which
the
hearing
is
35
-2-
H1317.4462
(1)
88
md/jh
2/
15
scheduled,
and
the
lienholder’s
right
to
assert
a
claim
to
1
the
mobile
home
at
the
hearing.
The
notice
shall
also
state
2
that
failure
to
assert
a
claim
to
the
mobile
home
within
the
3
judicial
proceedings
is
deemed
a
waiver
of
all
right,
title,
4
claim,
and
interest
in
the
mobile
home
and
is
deemed
consent
to
5
the
sale
or
disposal
of
the
mobile
home.
If
personal
service
6
upon
the
lienholder
cannot
be
completed
in
time
to
give
the
7
lienholder
the
minimum
notice
required
by
this
section,
the
8
court
may
set
a
new
hearing
date.
9
Sec.
___.
Section
555B.8,
subsections
2
and
3,
Code
2020,
10
are
amended
to
read
as
follows:
11
2.
If
Except
as
otherwise
ordered
by
the
court,
if
the
12
mobile
home
owner
or
other
claimant
asserts
a
claim
to
the
13
property,
the
judgment
shall
be
satisfied
before
the
mobile
14
home
owner
or
other
claimant
may
take
possession
of
the
mobile
15
home
or
personal
property.
16
3.
If
no
claim
is
asserted
to
the
mobile
home
or
personal
17
property
or
if
the
judgment
is
not
satisfied
at
the
time
of
18
entry,
an
order
shall
be
entered
allowing
the
real
property
19
owner
to
sell
or
otherwise
dispose
of
the
mobile
home
and
20
personal
property
pursuant
to
section
555B.9
.
If
Except
as
21
otherwise
ordered
by
the
court,
if
a
claimant
satisfies
the
22
judgment
at
the
time
of
entry,
the
court
shall
enter
an
order
23
permitting
and
directing
the
claimant
to
remove
the
mobile
home
24
or
personal
property
from
its
location
within
a
reasonable
time
25
to
be
fixed
by
the
court.
The
court
shall
also
determine
the
26
amount
of
further
rent
or
storage
charges
to
be
paid
by
the
27
claimant
to
the
real
property
owner
at
the
time
of
removal.
28
Sec.
___.
Section
555B.9,
subsections
1,
2,
3,
and
4,
Code
29
2020,
are
amended
to
read
as
follows:
30
1.
Pursuant
to
an
order
for
disposal
under
section
555B.8,
31
subsection
3
,
the
real
property
owner
shall
dispose
of
the
32
mobile
home
and
personal
property
by
public
or
private
sale
in
33
a
commercially
reasonable
manner.
If
the
personal
property
,
34
lienholder,
owner
,
or
other
claimant
has
asserted
a
claim
35
-3-
H1317.4462
(1)
88
md/jh
3/
15
to
the
mobile
home
or
personal
property
within
the
judicial
1
proceedings
,
that
person
shall
be
notified
of
the
sale
by
2
restricted
certified
mail
not
less
than
five
days
before
the
3
sale.
The
notice
is
deemed
given
upon
the
mailing.
The
real
4
property
owner
may
buy
at
any
public
sale,
and
if
the
mobile
5
home
or
personal
property
is
of
a
type
customarily
sold
in
6
a
recognized
market
or
is
the
subject
of
widely
distributed
7
standard
price
quotations,
the
real
property
owner
may
buy
at
a
8
private
sale.
9
2.
A
sale
pursuant
to
subsection
1
transfers
to
the
10
purchaser
for
value,
all
of
the
mobile
home
owner’s
rights
11
in
the
mobile
home
and
personal
property,
and
discharges
the
12
real
property
owner’s
interest
in
the
mobile
home
and
personal
13
property
,
and
any
tax
lien
,
and
any
other
lien
.
The
purchaser
14
takes
free
of
all
rights
and
interests
even
though
the
real
15
property
owner
fails
to
comply
with
the
requirements
of
this
16
chapter
or
of
any
judicial
proceedings,
if
the
purchaser
acts
17
in
good
faith.
18
3.
The
proceeds
of
the
sale
of
mobile
home
and
personal
19
property
shall
be
distributed
as
follows:
20
a.
First,
to
satisfy
the
real
property
owner’s
judgment
21
obtained
under
section
555B.8
.
22
b.
Second,
to
satisfy
any
tax
lien
for
which
a
claim
was
23
asserted
pursuant
to
section
555B.4,
subsection
3
.
24
0c.
Third,
to
satisfy
any
other
lien
for
which
a
claim
was
25
asserted
pursuant
to
section
555B.4,
subsection
4.
26
c.
Any
surplus
remaining
after
the
proceeds
are
distributed
27
shall
be
held
by
the
real
property
owner
for
six
months.
If
28
the
mobile
home
owner
fails
to
claim
the
surplus
in
that
time,
29
the
surplus
may
be
retained
by
the
real
property
owner.
If
30
a
deficiency
remains
after
distribution
of
the
proceeds,
the
31
mobile
home
owner
is
liable
for
the
amount
of
the
deficiency.
32
4.
Notwithstanding
subsections
1
through
3
,
the
real
33
property
owner
may
propose
to
retain
the
mobile
home
and
34
personal
property
in
satisfaction
of
the
judgment
obtained
35
-4-
H1317.4462
(1)
88
md/jh
4/
15
pursuant
to
section
555B.8
.
Written
notice
of
the
proposal
1
shall
be
sent
to
the
mobile
home
owner
,
lienholder,
or
other
2
claimant,
if
that
person
has
asserted
a
claim
to
the
mobile
3
home
or
personal
property
in
the
judicial
proceedings.
If
4
the
real
property
owner
receives
objection
in
writing
from
5
the
mobile
home
owner
,
lienholder,
or
other
claimant
within
6
twenty-one
days
after
the
notice
was
sent,
the
real
property
7
owner
shall
dispose
of
the
mobile
home
and
personal
property
8
pursuant
to
subsection
1
.
If
no
written
objection
is
received
9
by
the
real
property
owner
within
twenty-one
days
after
the
10
notice
was
sent,
the
mobile
home
and
personal
property
may
be
11
retained.
Retention
of
the
mobile
home
and
personal
property
12
discharges
the
judgment
of
the
real
property
owner
,
and
any
tax
13
lien
,
and
any
other
lien
.
14
Sec.
___.
Section
562A.9,
subsection
4,
Code
2020,
is
15
amended
to
read
as
follows:
16
4.
For
rental
agreements
in
which
the
rent
does
not
exceed
17
seven
hundred
dollars
per
month,
a
rental
agreement
shall
not
18
provide
for
a
late
fee
that
exceeds
twelve
dollars
per
day
or
a
19
total
amount
of
sixty
dollars
per
month.
For
rental
agreements
20
in
which
the
rent
is
greater
than
seven
hundred
dollars
per
21
month
but
less
than
one
thousand
four
hundred
dollars
per
22
month
,
a
rental
agreement
shall
not
provide
for
a
late
fee
that
23
exceeds
twenty
dollars
per
day
or
a
total
amount
of
one
hundred
24
dollars
per
month.
For
rental
agreements
in
which
the
rent
is
25
at
least
one
thousand
four
hundred
dollars
per
month,
a
rental
26
agreement
shall
not
provide
for
a
late
fee
that
exceeds
two
27
percent
of
the
rent
per
day
or
a
total
amount
of
ten
percent
of
28
the
rent
per
month.
29
Sec.
___.
Section
562B.10,
subsections
4
and
7,
Code
2020,
30
are
amended
to
read
as
follows:
31
4.
For
rental
agreements
in
which
the
rent
does
not
exceed
32
seven
hundred
dollars
per
month,
a
rental
agreement
shall
not
33
provide
for
a
late
fee
that
exceeds
twelve
dollars
per
day
or
a
34
total
amount
of
sixty
dollars
per
month.
For
rental
agreements
35
-5-
H1317.4462
(1)
88
md/jh
5/
15
in
which
the
rent
is
greater
than
seven
hundred
dollars
per
1
month
but
less
than
one
thousand
four
hundred
dollars
per
2
month
,
a
rental
agreement
shall
not
provide
for
a
late
fee
that
3
exceeds
twenty
dollars
per
day
or
a
total
amount
of
one
hundred
4
dollars
per
month.
For
rental
agreements
in
which
the
rent
is
5
at
least
one
thousand
four
hundred
dollars
per
month,
a
rental
6
agreement
shall
not
provide
for
a
late
fee
that
exceeds
two
7
percent
of
the
rent
per
day
or
a
total
amount
of
ten
percent
of
8
the
rent
per
month.
9
7.
a.
If
a
tenant
who
was
sole
owner
of
a
mobile
home
dies
10
during
the
term
of
a
rental
agreement
then
that
person’s
heirs
11
or
legal
representative
or
the
landlord
shall
have
the
right
12
to
cancel
the
tenant’s
lease
by
giving
sixty
days’
written
13
notice
to
the
person’s
heirs
or
legal
representative
or
to
14
the
landlord,
whichever
is
appropriate,
and
the
heirs
or
the
15
legal
representative
shall
have
the
same
rights,
privileges
and
16
liabilities
of
the
original
tenant.
17
b.
(1)
If
a
tenant
who
was
sole
owner
of
a
mobile
home
dies
18
during
the
term
of
a
rental
agreement
resulting
in
the
mobile
19
home
being
abandoned
as
provided
in
section
562B.27,
subsection
20
1,
and
the
landlord
cannot,
despite
due
diligence,
locate
such
21
tenant’s
heirs
or
legal
representatives,
then
the
landlord
may
22
bring
an
action
for
abandonment
as
provided
in
section
555B.3,
23
naming
as
defendants
the
estate
of
the
tenant
and
any
and
all
24
unknown
heirs
of
the
tenant
and,
upon
the
landlord’s
filing
25
of
an
affidavit
that
personal
service
cannot
be
had
on
any
26
heir,
legal
representative,
or
estate
of
the
tenant,
the
court
27
shall
permit
original
notice
of
such
action
to
be
served
by
28
publication
pursuant
to
subparagraph
(2)
of
this
paragraph.
29
(2)
Publication
of
the
original
notice
shall
be
made
30
once
each
week
for
three
consecutive
weeks
in
a
newspaper
of
31
general
circulation
published
in
the
county
where
the
petition
32
is
filed,
as
provided
in
rules
of
civil
procedure
1.313
and
33
1.314.
Service
is
complete
after
the
third
consecutive
weekly
34
publication.
35
-6-
H1317.4462
(1)
88
md/jh
6/
15
(3)
In
the
event
any
tax
lien
or
other
lien
exists
on
1
the
mobile
home,
the
landlord
may
proceed
with
an
action
for
2
abandonment
as
provided
in
section
555B.3,
except
that:
3
(a)
Notice
shall
be
provided
to
the
county
treasurer
as
4
provided
in
section
555B.4,
subsection
3,
if
a
tax
lien
exists.
5
(b)
Personal
service
pursuant
to
rule
of
civil
procedure
6
1.305
shall
be
made
upon
any
lienholder
no
less
than
twenty
7
days
before
the
hearing.
8
(4)
Any
notice
to
a
lienholder
shall
state
that
failure
9
to
assert
a
claim
to
the
mobile
home
is
deemed
a
waiver
of
10
all
right,
title,
claim,
and
interest
in
the
mobile
home
and
11
is
deemed
consent
to
the
sale
or
disposal
of
the
mobile
home.
12
If
personal
service
upon
the
lienholder
cannot
be
completed
13
in
time
to
give
the
lienholder
the
minimum
notice
required
by
14
subparagraph
(3),
the
court
may
set
a
new
hearing
date.
15
Sec.
___.
Section
648.5,
subsection
1,
Code
2020,
is
amended
16
to
read
as
follows:
17
1.
An
action
for
forcible
entry
and
detainer
shall
be
18
brought
in
a
county
where
all
or
part
of
the
premises
is
19
located.
Such
an
action
shall
be
tried
as
an
equitable
action.
20
Upon
receipt
of
the
petition,
the
court
shall
set
a
date,
21
time,
and
place
for
hearing.
The
court
shall
set
the
date
22
of
hearing
no
later
than
eight
days
from
the
filing
date,
23
except
that
the
court
shall
set
a
later
hearing
date
no
later
24
than
fifteen
days
from
the
date
of
filing
if
the
plaintiff
25
requests
or
consents
to
the
later
date
of
hearing.
The
26
requirement
regarding
the
setting
of
the
initial
hearing
is
not
27
a
jurisdictional
requirement
and
does
not
affect
the
court’s
28
subject
matter
jurisdiction
to
hear
the
action
for
forcible
29
entry
and
detainer.
30
Sec.
___.
EFFECTIVE
DATE.
The
following
take
effect
January
31
1,
2021:
32
1.
The
section
of
this
division
of
this
Act
amending
section
33
562A.9,
subsection
4.
34
2.
The
portion
of
the
section
of
this
division
of
this
Act
35
-7-
H1317.4462
(1)
88
md/jh
7/
15
amending
section
562B.10,
subsection
4.
1
DIVISION
___
2
UNLAWFUL
OUSTER
3
Sec.
___.
Section
562B.24,
Code
2020,
is
amended
to
read
as
4
follows:
5
562B.24
Tenant’s
remedies
for
landlord’s
unlawful
ouster,
6
exclusion
or
diminution
of
services.
7
If
the
landlord
unlawfully
removes
or
excludes
the
tenant
8
from
the
manufactured
home
community
or
mobile
home
park
or
9
willfully
diminishes
services
to
the
tenant
by
interrupting
10
or
causing
the
interruption
of
electric,
gas,
water
,
or
11
other
essential
service
to
the
tenant,
the
tenant
may
recover
12
possession,
require
the
restoration
of
essential
services
or
13
terminate
the
rental
agreement
and,
in
either
case,
recover
an
14
amount
not
to
exceed
two
months’
periodic
rent
,
and
twice
the
15
actual
damages
sustained
by
the
tenant
,
and
reasonable
attorney
16
fees
.
If
the
rental
agreement
is
terminated,
the
landlord
17
shall
return
all
prepaid
rent
and
security.
18
Sec.
___.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
19
deemed
of
immediate
importance,
takes
effect
upon
enactment.
20
Sec.
___.
APPLICABILITY.
This
division
of
this
Act
21
applies
to
actions
under
section
562B.24
filed
on
or
after
the
22
effective
date
of
this
division
of
this
Act.
23
DIVISION
___
24
WRONGFUL
FAILURE
TO
PROVIDE
ESSENTIAL
SERVICES
25
Sec.
___.
NEW
SECTION
.
562B.23A
Wrongful
failure
to
supply
26
running
water
or
essential
services.
27
1.
If
contrary
to
the
rental
agreement
or
section
562B.16
28
the
landlord
deliberately
or
negligently
fails
to
supply
29
running
water
or
other
essential
services,
the
tenant
may
give
30
written
notice
to
the
landlord
specifying
the
breach
and
may
31
do
one
of
the
following:
32
a.
Procure
reasonable
amounts
of
water
or
other
essential
33
services
during
the
period
of
the
landlord’s
noncompliance
and
34
deduct
the
actual
and
reasonable
cost
from
the
rent.
35
-8-
H1317.4462
(1)
88
md/jh
8/
15
b.
Recover
damages
based
upon
the
diminution
in
the
fair
1
market
value
of
the
mobile
home
space.
2
c.
Recover
any
rent
already
paid
for
the
period
of
the
3
landlord’s
noncompliance
which
shall
be
reimbursed
on
a
pro
4
rata
basis.
5
2.
If
the
tenant
proceeds
under
this
section,
the
tenant
may
6
not
proceed
under
section
562B.22
as
to
that
breach.
7
3.
The
rights
under
this
section
do
not
arise
until
the
8
tenant
has
given
notice
to
the
landlord
or
if
the
condition
was
9
caused
by
the
deliberate
or
negligent
act
or
omission
of
the
10
tenant,
a
member
of
the
tenant’s
family,
or
other
person
on
the
11
premises
with
the
consent
of
the
tenant.
12
Sec.
___.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
13
deemed
of
immediate
importance,
takes
effect
upon
enactment.
14
Sec.
___.
APPLICABILITY.
This
division
of
this
Act
applies
15
to
actions
under
section
562B.23A
filed
on
or
after
the
16
effective
date
of
this
division
of
this
Act.
17
DIVISION
___
18
HOME
EQUIPMENT
MODIFICATIONS
——
PROHIBITED
RENTAL
AGREEMENT
19
PROVISIONS
20
Sec.
___.
Section
562B.11,
subsection
1,
Code
2020,
is
21
amended
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
e.
Agrees
to
modify
the
mobile
home,
23
manufactured
home,
or
modular
home
in
a
way
that
would
24
substantially
impair
the
ability
of
the
tenant
to
move
the
25
home
from
the
mobile
home
space,
unless
such
modification
is
26
required
by
federal
law,
including
but
not
limited
to
the
27
model
manufactured
home
installation
standards,
24
C.F.R.
pt.
28
3285,
the
manufactured
home
construction
and
safety
standards,
29
24
C.F.R.
pt.
3280,
or
the
manufactured
home
procedural
and
30
enforcement
regulations,
24
C.F.R.
pt.
3282,
or
by
state
or
31
local
law,
the
manufacturer’s
installation
instructions,
any
32
requirement
arising
from
the
landlord’s
financing
of
the
home
33
or
of
the
mobile
home
park
or
manufactured
home
community
in
34
which
the
home
is
located,
or
unless
such
modification
is
35
-9-
H1317.4462
(1)
88
md/jh
9/
15
otherwise
necessary
for
the
safe
and
proper
installation
of
the
1
home.
2
DIVISION
___
3
LANDLORD
SALES
4
Sec.
___.
NEW
SECTION
.
562B.17A
Sale
of
mobile
home
by
5
landlord.
6
1.
Any
sale
of
a
mobile
home
located
in
a
manufactured
7
home
community
or
mobile
home
park
by
a
landlord
or
landlord’s
8
agent
shall
be
by
written
agreement
and
the
landlord
shall
9
produce
and
assign
the
current
certificate
of
title
obtained
10
from
the
department
of
transportation.
The
agreement
shall
11
state
the
basic
terms
of
sale,
including
the
total
cost
of
12
the
mobile
home,
finance
charges,
annual
percentage
rate,
and
13
the
frequency
and
amount
of
each
installment
payment.
Such
14
agreement
shall
comply
with
the
finance
charge
rate
limitation
15
in
section
103A.58,
subsection
1.
16
2.
Any
such
sale
that
does
not
comply
with
this
section
17
may
be
voided
by
the
buyer
and
the
buyer
may
recover
damages
18
incurred,
amounts
paid
as
a
rental
deposit
in
excess
of
two
19
months’
rent
for
the
mobile
home,
and
reasonable
attorney
fees.
20
3.
A
claim
under
subsection
2
may
be
combined
with
an
action
21
under
chapter
648.
22
Sec.
___.
Section
648.19,
subsection
1,
Code
2020,
is
23
amended
to
read
as
follows:
24
1.
An
action
under
this
chapter
shall
not
be
filed
in
25
connection
with
any
other
action,
with
the
exception
of
a
claim
26
for
rent
or
recovery
as
provided
in
section
555B.3
,
562A.24
,
27
562A.32
,
562B.17A,
562B.22
,
562B.25
,
or
562B.27
,
nor
shall
it
28
be
made
the
subject
of
counterclaim.
29
DIVISION
___
30
DISCLOSURE
OF
UTILITY
CHARGES
31
Sec.
___.
Section
562B.14,
subsection
6,
Code
2020,
is
32
amended
to
read
as
follows:
33
6.
a.
The
landlord
or
any
person
authorized
to
enter
into
34
a
rental
agreement
on
the
landlord’s
behalf
shall
provide
a
35
-10-
H1317.4462
(1)
88
md/jh
10/
15
written
explanation
of
utility
rates,
charges
and
services
to
1
the
prospective
tenant
before
the
rental
agreement
is
signed
2
unless
the
utility
charges
are
paid
by
the
tenant
directly
to
3
the
utility
company.
4
b.
If
a
landlord
obtains
a
utility
service
from
a
utility
5
provider
and
furnishes
the
utility
to
the
tenant
and
the
6
landlord’s
charge
to
the
tenant
is
based
upon
the
utility
7
provider’s
charge
or
rate
for
the
use
of
such
utility
to
8
consumers,
an
increase
in
the
landlord’s
charge
to
a
tenant
9
for
the
utility
that
corresponds
to
the
same
increase
in
the
10
utility
provider’s
charge
or
rate
to
the
landlord
shall
be
11
effective
thirty
days
after
the
landlord
provides
written
12
notice
of
such
increase
to
the
tenant,
unless
the
landlord
does
13
not
receive
at
least
sixty
days’
prior
notice
of
such
increase
14
from
the
utility
provider
in
which
case
no
prior
notice
of
the
15
increase
from
the
landlord
to
the
tenant
is
required
for
the
16
increase
to
be
effective.
17
DIVISION
___
18
FURNISHING
OF
WATER
AND
UTILITY
CHARGES
19
Sec.
___.
Section
423.3,
subsection
103,
Code
2020,
is
20
amended
to
read
as
follows:
21
103.
a.
(1)
The
sales
price
from
the
sale
or
furnishing
by
22
a
water
utility
of
a
water
service
in
the
state
to
consumers
or
23
users.
24
(2)
Water
service
furnished
by
a
mobile
home
park
that
does
25
not
engage
in
the
sale
of
water
service.
For
purposes
of
this
26
subsection,
a
mobile
home
park
does
not
engage
in
the
sale
of
27
water
service
if
all
of
the
following
apply:
28
(a)
The
water
service
is
not
furnished
to
tenants
for
a
29
separately
itemized
price.
30
(b)
The
water
service
is
not
otherwise
identifiable
from
31
an
invoice,
bill,
catalogue,
price
list,
rate
card,
receipt,
32
agreement,
or
other
similar
document,
including
where
the
total
33
sales
price
increases
when
water
service
is
included
in
the
34
sale
to
tenants.
35
-11-
H1317.4462
(1)
88
md/jh
11/
15
(c)
The
water
service
is
incidental
to
the
rental
of
real
1
property.
2
b.
For
purposes
of
this
subsection
:
3
(1)
“Mobile
home
park”
means
the
same
as
defined
in
section
4
562B.7.
5
(1)
(2)
“Water
service”
means
the
delivery
of
water
by
6
piped
distribution
system.
7
(2)
(3)
“Water
utility”
means
a
public
utility
as
defined
8
in
section
476.1
that
furnishes
water
by
piped
distribution
9
system
to
the
public
for
compensation.
10
Sec.
___.
Section
423G.4,
Code
2020,
is
amended
by
striking
11
the
section
and
inserting
in
lieu
thereof
the
following:
12
423G.4
Exemptions.
13
There
is
exempted
from
the
tax
imposed
by
this
chapter
the
14
following:
15
1.
The
sales
price
from
transactions
exempt
from
state
16
sales
tax
under
section
423.3.
However,
the
sales
price
from
17
transactions
exempt
from
state
sales
tax
under
section
423.3,
18
subsection
103,
shall
not
be
exempt
unless
as
provided
in
19
subsection
2
or
3.
20
2.
a.
The
sales
price
from
the
sale
or
furnishing
of
water
21
by
a
mobile
home
park
through
a
piped
distribution
system
22
maintained
by
the
mobile
home
park,
to
a
consumer
or
user
of
23
water
who
is
a
tenant,
if
all
of
the
following
apply:
24
(1)
The
water
was
obtained
from
a
water
utility.
25
(2)
A
tax
was
imposed
by
this
chapter
on
the
sales
price
26
from
the
sale
or
furnishing
of
water
by
a
water
utility
to
the
27
mobile
home
park
based
upon
readings
of
the
master
meter
of
the
28
mobile
home
park.
29
(3)
The
tenant
is
not
charged
for
water
by
the
mobile
home
30
park
in
an
amount
that
is
more
than
the
rate
the
tenant
would
be
31
charged
for
consuming
or
using
water
from
the
water
utility,
32
plus
an
administrative
fee
under
section
562B.16,
subsection
3,
33
not
to
exceed
five
dollars
per
month.
34
b.
As
used
in
this
section:
35
-12-
H1317.4462
(1)
88
md/jh
12/
15
(1)
“Master
meter”
means
a
single
meter
used
in
determining
1
the
amount
of
water
provided
to
a
mobile
home
park.
2
(2)
“Mobile
home
park”
means
the
same
as
defined
in
section
3
562B.7
and
also
includes
a
“manufactured
home
community”
,
as
4
defined
in
section
562B.7.
5
(3)
“Piped
distribution
system”
includes
a
submetered
6
distribution
system.
7
(4)
“Tenant”
means
the
same
as
defined
in
section
562B.7.
8
(5)
“Water
utility”
means
a
public
utility
as
defined
in
9
section
476.1
that
furnishes
water
by
a
piped
distribution
10
system
to
the
public
for
compensation.
11
3.
Water
service
furnished
by
a
mobile
home
park
that
does
12
not
engage
in
the
sale
of
water
service.
For
purposes
of
this
13
subsection,
a
mobile
home
park
does
not
engage
in
the
sale
of
14
water
service
if
all
of
the
following
apply:
15
a.
The
water
service
is
not
furnished
to
tenants
for
a
16
separately
itemized
price.
17
b.
The
water
service
is
not
otherwise
identifiable
from
18
an
invoice,
bill,
catalogue,
price
list,
rate
card,
receipt,
19
agreement,
or
other
similar
document,
including
where
the
total
20
sales
price
increases
when
water
service
is
included
in
the
21
sale
to
tenants.
22
c.
The
water
service
is
incidental
to
the
rental
of
real
23
property.
24
Sec.
___.
Section
455B.171,
subsection
26,
Code
2020,
is
25
amended
to
read
as
follows:
26
26.
“Public
water
supply
system”
means
,
except
as
provided
27
in
section
455B.200,
a
system
for
the
provision
to
the
public
28
of
piped
water
for
human
consumption,
if
the
system
has
at
29
least
fifteen
service
connections
or
regularly
serves
at
least
30
twenty-five
individuals.
The
term
includes
any
source
of
31
water
and
any
collection,
treatment,
storage,
and
distribution
32
facilities
under
control
of
the
operator
of
the
system
and
used
33
primarily
in
connection
with
the
system,
and
any
collection
or
34
pretreatment
storage
facilities
not
under
such
control
which
35
-13-
H1317.4462
(1)
88
md/jh
13/
15
are
used
primarily
in
connection
with
the
system.
1
Sec.
___.
NEW
SECTION
.
455B.200
Mobile
home
parks.
2
1.
As
used
in
this
section:
3
a.
“Mobile
home
park”
means
the
same
as
defined
in
section
4
423G.4.
5
b.
“Tenant”
means
the
same
as
defined
in
section
562B.7.
6
c.
“Water
utility”
means
a
public
utility
as
defined
in
7
section
476.1
that
furnishes
water
by
a
piped
distribution
8
system
to
the
public
for
compensation.
9
2.
For
purposes
of
this
part
1,
a
mobile
home
park
shall
10
not
be
considered
a
public
water
supply
system
if
the
mobile
11
home
park
sells
or
furnishes
water
to
a
tenant
and
all
of
the
12
following
apply:
13
a.
The
water
was
obtained
from
a
water
utility
prior
to
14
selling
or
furnishing
the
water
to
a
tenant.
15
b.
The
tenant
is
not
charged
more
than
the
rate
the
tenant
16
would
be
charged
for
consuming
or
using
water
from
the
water
17
utility,
plus
an
administrative
fee
under
section
562B.16,
18
subsection
3,
not
to
exceed
five
dollars
per
month.
19
Sec.
___.
Section
562B.14,
subsection
6,
Code
2020,
is
20
amended
to
read
as
follows:
21
6.
The
landlord
or
any
person
authorized
to
enter
into
22
a
rental
agreement
on
the
landlord’s
behalf
shall
provide
23
a
written
explanation
of
utility
rates,
fees,
charges
,
and
24
services
,
subject
to
section
562B.16,
subsection
3,
to
the
25
prospective
tenant
before
the
rental
agreement
is
signed
unless
26
the
utility
charges
are
paid
by
the
tenant
directly
to
the
27
utility
company.
28
Sec.
___.
Section
562B.16,
Code
2020,
is
amended
by
adding
29
the
following
new
subsection:
30
NEW
SUBSECTION
.
3.
A
landlord
that
is
responsible
for
31
payment
of
utilities
being
provided
to
the
tenant
shall
not
32
charge
to
the
tenant
an
amount
in
excess
of
the
actual
cost
of
33
the
utility
and
as
specified
in
writing
under
section
562B.14,
34
subsection
6.
However,
in
addition
to
the
actual
cost
of
the
35
-14-
H1317.4462
(1)
88
md/jh
14/
15
utility,
a
landlord
that
is
responsible
for
the
payment
of
one
1
or
more
utilities
being
provided
to
the
tenant
may
impose
a
2
monthly
utility
administration
fee
to
each
tenant
not
to
exceed
3
five
dollars
per
month.
4
Sec.
___.
Section
562B.25,
Code
2020,
is
amended
by
adding
5
the
following
new
subsection:
6
NEW
SUBSECTION
.
2A.
The
failure
of
a
tenant
to
pay
utility
7
charges
that
exceed
the
actual
cost
of
the
utility
provided
8
as
required
by
section
562B.16,
subsection
3,
shall
not
be
9
considered
noncompliance
with
the
rental
agreement.
>
10
2.
Page
2,
by
striking
lines
20
through
22
and
inserting
<
An
11
Act
relating
to
property
law
by
modifying
provisions
relating
12
to
rental
properties,
manufactured
home
communities,
mobile
13
home
parks,
and
manufactured
mobile
home
communities,
modifying
14
provisions
governing
water
service
and
actions
relating
to
such
15
properties,
and
including
effective
date
and
applicability
16
provisions.
>>
17
3.
By
renumbering
as
necessary.
18
______________________________
LOHSE
of
Polk
-15-
H1317.4462
(1)
88
md/jh
15/
15
#2.
#3.