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.