Senate File 469 H-1331 Amend Senate File 469, as passed by the Senate, as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 CONTINUING NONCONFORMING USES OF CERTAIN DWELLINGS > 4 2. Page 3, after line 22 by inserting: 5 < DIVISION ___ 6 RENTAL AGREEMENTS 7 Sec. ___. Section 562B.10, subsection 5, Code 2021, is 8 amended to read as follows: 9 5. Rental agreements shall be for a term of one year unless 10 otherwise specified in the rental agreement. Rental agreements 11 shall be canceled by at least sixty ninety days’ written notice 12 given by either party. A landlord shall not cancel a rental 13 agreement solely for the purpose of making the tenant’s mobile 14 home space available for another mobile home. 15 DIVISION ___ 16 RETALIATION 17 Sec. ___. Section 562B.32, subsection 1, paragraph d, Code 18 2021, is amended to read as follows: 19 d. For exercising any of the rights and remedies pursuant 20 to this chapter or chapter 216 . 21 Sec. ___. Section 562B.32, subsection 2, Code 2021, is 22 amended to read as follows: 23 2. If the landlord acts in violation of subsection 1 24 of this section , the tenant is entitled to the remedies 25 provided in section 562B.24 and has a defense in an action for 26 possession. In an action by or against the tenant, evidence 27 of a complaint within six months one year prior to the alleged 28 act of retaliation creates a presumption that the landlord’s 29 conduct was in retaliation. The presumption does not arise 30 if the tenant made the complaint after notice of termination 31 of the rental agreement. For the purpose of this subsection , 32 “presumption” means that the trier of fact must find the 33 existence of the fact presumed unless and until evidence is 34 introduced which would support a finding of its nonexistence. 35 -1- SF469.1745 (3) 89 js/ns 1/ 7 #1. #2.

Sec. ___. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. 2 DIVISION ___ 3 CONSUMER FRAUD 4 Sec. ___. Section 562B.4, Code 2021, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 3. A violation of this chapter by a 7 landlord, or an agent of the landlord, is an unlawful practice 8 under section 714.16. 9 DIVISION ___ 10 RENT INCREASES 11 Sec. ___. Section 562B.14, subsection 7, Code 2021, is 12 amended by striking the subsection and inserting in lieu 13 thereof the following: 14 7. a. A landlord shall not increase the amount of rent 15 due by any tenant in a manufactured home community or mobile 16 home park unless the tenant is notified, in writing, of the 17 rent increase at least ninety days before the effective date 18 of the rent increase. The effective date of any increase in 19 the amount of rent shall not be less than one year after either 20 the effective date of the most recent rent increase or the 21 beginning of the tenancy, whichever is later. 22 b. A landlord that ceases to provide a utility that was 23 provided for under the rental agreement without a corresponding 24 and proportionate reduction in rent shall be considered to have 25 increased rent for the purposes of this chapter and the notice 26 requirements provided in paragraph “a” shall apply. 27 DIVISION ___ 28 TENANT COUNTERCLAIM FOR LANDLORD NONCOMPLIANCE 29 Sec. ___. Section 562B.25, Code 2021, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 5. a. In an action for possession based 32 upon nonpayment of the rent or in an action for rent in which 33 the tenant is in possession, the tenant may counterclaim for an 34 amount that the tenant may recover under the rental agreement 35 -2- SF469.1745 (3) 89 js/ns 2/ 7

or this chapter. In that event, the court from time to time 1 may order the tenant to pay into court all or part of the rent 2 accrued and thereafter accruing, and shall determine the amount 3 due to each party. The party to whom a net amount is owed 4 shall be paid first from the money paid into court, and the 5 balance by the other party. If rent does not remain due after 6 application of this section, judgment shall be entered for 7 the tenant in the action for possession. If the defense or 8 counterclaim by the tenant is without merit and is not raised 9 in good faith, the landlord may recover reasonable attorney 10 fees. 11 b. In an action for rent in which the tenant is not 12 in possession, the tenant may counterclaim as provided in 13 paragraph “a” , but the tenant is not required to pay any rent 14 into court. 15 DIVISION ___ 16 DISCLOSURE OF UTILITY CHARGES 17 Sec. ___. Section 562B.14, subsection 6, Code 2021, is 18 amended to read as follows: 19 6. a. The landlord or any person authorized to enter into 20 a rental agreement on the landlord’s behalf shall provide a 21 written explanation of utility rates, charges , and services to 22 the prospective tenant before the rental agreement is signed 23 unless the utility charges are paid by the tenant directly to 24 the utility company. 25 b. If a landlord obtains a utility service from a utility 26 provider and furnishes the utility to the tenant and the 27 landlord’s charge to the tenant is based upon the utility 28 provider’s charge or rate for the use of such utility to 29 consumers and the utility provider increases the charge or 30 rate, the landlord shall notify tenants of such increase, 31 including the effective date of such increase, within five days 32 of the landlord receiving the utility provider’s notice of the 33 increase. An increase in the landlord’s charge to a tenant 34 for the utility that corresponds to the same increase in the 35 -3- SF469.1745 (3) 89 js/ns 3/ 7

utility provider’s charge or rate to the landlord shall be 1 effective thirty days after the landlord provides the written 2 notice of such increase to the tenant, unless the landlord does 3 not receive at least sixty days’ prior notice of such increase 4 from the utility provider in which case no prior notice of the 5 increase from the landlord to the tenant is required for the 6 increase to be effective. 7 DIVISION ___ 8 UTILITY CHARGES 9 Sec. ___. Section 562B.16, Code 2021, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 3. A landlord that is responsible for 12 payment of utilities being provided to the tenant shall not 13 charge to the tenant an amount in excess of the actual cost of 14 the utility and as specified in writing under section 562B.14, 15 subsection 6. However, in addition to the actual cost of the 16 utility, a landlord that is responsible for the payment of one 17 or more utilities being provided to the tenant may impose a 18 monthly utility administration fee to each tenant not to exceed 19 five dollars per month. 20 Sec. ___. Section 562B.25, Code 2021, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 2A. The failure of a tenant to pay utility 23 charges that exceed the actual cost of the utility provided 24 as required by section 562B.16, subsection 3, shall not be 25 considered noncompliance with the rental agreement. 26 DIVISION ___ 27 UNLAWFUL OUSTER 28 Sec. ___. Section 562B.24, Code 2021, is amended to read as 29 follows: 30 562B.24 Tenant’s remedies for landlord’s unlawful ouster, 31 exclusion , or diminution of services. 32 If the landlord unlawfully removes or excludes the tenant 33 from the manufactured home community or mobile home park or 34 willfully diminishes services to the tenant by interrupting 35 -4- SF469.1745 (3) 89 js/ns 4/ 7

or causing the interruption of electric, gas, water , or 1 other essential service to the tenant, the tenant may recover 2 possession, require the restoration of essential services or 3 terminate the rental agreement and, in either case, recover an 4 amount not to exceed two months’ periodic rent , and twice the 5 actual damages sustained by the tenant , and reasonable attorney 6 fees . If the rental agreement is terminated, the landlord 7 shall return all prepaid rent and security. 8 DIVISION ___ 9 WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES 10 Sec. ___. NEW SECTION . 562B.23A Wrongful failure to supply 11 running water or essential services. 12 1. If contrary to the rental agreement or section 562B.16 13 the landlord deliberately or negligently fails to supply 14 running water or other essential services, the tenant may give 15 written notice to the landlord specifying the breach and may 16 do one of the following: 17 a. Procure reasonable amounts of water or other essential 18 services during the period of the landlord’s noncompliance and 19 deduct the actual and reasonable cost from the rent. 20 b. Recover damages based upon the diminution in the fair 21 market value of the mobile home space. 22 c. Recover any rent already paid for the period of the 23 landlord’s noncompliance, which shall be reimbursed on a pro 24 rata basis. 25 2. If the tenant proceeds under this section, the tenant may 26 not proceed under section 562B.22 as to that breach. 27 3. The rights under this section do not arise until the 28 tenant has given notice to the landlord or if the condition was 29 caused by the deliberate or negligent act or omission of the 30 tenant, a member of the tenant’s family, or other person on the 31 premises with the consent of the tenant. 32 DIVISION ___ 33 PROHIBITED RENTAL AGREEMENT PROVISION —— HOME EQUIPMENT 34 Sec. ___. Section 562B.11, subsection 1, Code 2021, is 35 -5- SF469.1745 (3) 89 js/ns 5/ 7

amended by adding the following new paragraph: 1 NEW PARAGRAPH . e. Agrees to modify the mobile home, 2 manufactured home, or modular home in a way that would 3 substantially impair the ability of the tenant to move the 4 home from the mobile home space, unless such modification is 5 required by federal law, including but not limited to the 6 model manufactured home installation standards, 24 C.F.R. pt. 7 3285, the manufactured home construction and safety standards, 8 24 C.F.R. pt. 3280, or the manufactured home procedural and 9 enforcement regulations, 24 C.F.R. pt. 3282, or by state or 10 local law, the manufacturer’s installation instructions, any 11 requirement arising from the landlord’s financing of the home 12 or of the mobile home park or manufactured home community in 13 which the home is located, or unless such modification is 14 otherwise necessary for the safe and proper installation of the 15 home. 16 DIVISION ___ 17 LANDLORD SALES 18 Sec. ___. NEW SECTION . 562B.17A Sale of mobile home by 19 landlord. 20 1. Any sale of a mobile home located in a manufactured 21 home community or mobile home park by a landlord or landlord’s 22 agent shall be by written agreement and the landlord shall 23 produce and assign the current certificate of title obtained 24 from the department of transportation. The agreement shall 25 state the basic terms of sale, including the total cost of 26 the mobile home, finance charges, annual percentage rate, and 27 the frequency and amount of each installment payment. Such 28 agreement shall comply with the finance charge rate limitation 29 in section 103A.58, subsection 1. 30 2. Any such sale that does not comply with this section 31 may be voided by the buyer and the buyer may recover damages 32 incurred, amounts paid as a rental deposit in excess of two 33 months’ rent for the mobile home, and reasonable attorney fees. 34 3. A claim under subsection 2 may be combined with an action 35 -6- SF469.1745 (3) 89 js/ns 6/ 7

under chapter 648. 1 Sec. ___. Section 648.19, subsection 1, Code 2021, is 2 amended to read as follows: 3 1. An action under this chapter shall not be filed in 4 connection with any other action, with the exception of a claim 5 for rent or recovery as provided in section 555B.3 , 562A.24 , 6 562A.32 , 562B.17A, 562B.22 , 562B.25 , or 562B.27 , nor shall it 7 be made the subject of counterclaim. 8 DIVISION ___ 9 MANUFACTURED HOUSING PROGRAM FUND 10 Sec. ___. Section 16.45, subsection 1, Code 2021, is amended 11 to read as follows: 12 1. A manufactured housing program fund is created within 13 the authority to further the goal of providing affordable 14 housing to Iowans. The moneys in the fund are to be used for 15 the purpose of providing funding to financial institutions or 16 other lenders to finance the purchase by an individual of a 17 manufactured home that is in compliance with all laws, rules, 18 and standards that are applicable to manufactured homes and 19 manufactured housing. The manufactured housing program fund 20 is designed exclusively for manufactured homes sited on leased 21 land. > 22 3. Title page, by striking lines 1 through 3 and inserting 23 < An Act relating to manufactured, modular, and mobile homes and 24 site-built dwelling units, including zoning regulations, rental 25 agreements, actions associated with such properties, and the 26 manufactured housing program fund, and including effective date 27 provisions. > 28 4. By renumbering as necessary. 29 ______________________________ LOHSE of Polk -7- SF469.1745 (3) 89 js/ns 7/ 7 #3. #4.