H-1331

   Amend Senate File 469, as passed by the Senate, as follows:
   1.  Page 1, before line 1 by inserting: 
<DIVISION I
CONTINUING NONCONFORMING USES OF CERTAIN DWELLINGS>
   2.  Page 3, after line 22 by inserting: 
<DIVISION ___
RENTAL AGREEMENTS

   Sec. ___.  Section 562B.10, subsection 5, Code 2021, is amended to read as follows:
   5.  Rental agreements shall be for a term of one year unless otherwise specified in the rental agreement. Rental agreements shall be canceled by at least sixty ninety days’ written notice given by either party. A landlord shall not cancel a rental agreement solely for the purpose of making the tenant’s mobile home space available for another mobile home.
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RETALIATION

   Sec. ___.  Section 562B.32, subsection 1, paragraph d, Code 2021, is amended to read as follows:
   d.  For exercising any of the rights and remedies pursuant to this chapter or chapter 216.
   Sec. ___.  Section 562B.32, subsection 2, Code 2021, is amended to read as follows:
   2.  If the landlord acts in violation of subsection 1 of this section, the tenant is entitled to the remedies provided in section 562B.24 and has a defense in an action for possession. In an action by or against the tenant, evidence of a complaint within six months one year prior to the alleged act of retaliation creates a presumption that the landlord’s conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of termination of the rental agreement. For the purpose of this subsection, “presumption” means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.
   Sec. ___.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
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CONSUMER FRAUD

   Sec. ___.  Section 562B.4, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  A violation of this chapter by a landlord, or an agent of the landlord, is an unlawful practice under section 714.16.
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RENT INCREASES

   Sec. ___.  Section 562B.14, subsection 7, Code 2021, is amended by striking the subsection and inserting in lieu thereof the following:
   7.  a.  A landlord shall not increase the amount of rent due by any tenant in a manufactured home community or mobile home park unless the tenant is notified, in writing, of the rent increase at least ninety days before the effective date of the rent increase. The effective date of any increase in the amount of rent shall not be less than one year after either the effective date of the most recent rent increase or the beginning of the tenancy, whichever is later.
   b.  A landlord that ceases to provide a utility that was provided for under the rental agreement without a corresponding and proportionate reduction in rent shall be considered to have increased rent for the purposes of this chapter and the notice requirements provided in paragraph “a” shall apply.
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TENANT COUNTERCLAIM FOR LANDLORD NONCOMPLIANCE

   Sec. ___.  Section 562B.25, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  a.  In an action for possession based upon nonpayment of the rent or in an action for rent in which the tenant is in possession, the tenant may counterclaim for an amount that the tenant may recover under the rental agreement or this chapter. In that event, the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If rent does not remain due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit and is not raised in good faith, the landlord may recover reasonable attorney fees.
   b.  In an action for rent in which the tenant is not in possession, the tenant may counterclaim as provided in paragraph “a”, but the tenant is not required to pay any rent into court.
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DISCLOSURE OF UTILITY CHARGES

   Sec. ___.  Section 562B.14, subsection 6, Code 2021, is amended to read as follows:
   6.  a.  The landlord or any person authorized to enter into a rental agreement on the landlord’s behalf shall provide a written explanation of utility rates, charges, and services to the prospective tenant before the rental agreement is signed unless the utility charges are paid by the tenant directly to the utility company.
   b.  If a landlord obtains a utility service from a utility provider and furnishes the utility to the tenant and the landlord’s charge to the tenant is based upon the utility provider’s charge or rate for the use of such utility to consumers and the utility provider increases the charge or rate, the landlord shall notify tenants of such increase, including the effective date of such increase, within five days of the landlord receiving the utility provider’s notice of the increase. An increase in the landlord’s charge to a tenant for the utility that corresponds to the same increase in the utility provider’s charge or rate to the landlord shall be effective thirty days after the landlord provides the written notice of such increase to the tenant, unless the landlord does not receive at least sixty days’ prior notice of such increase from the utility provider in which case no prior notice of the increase from the landlord to the tenant is required for the increase to be effective.
DIVISION ___
UTILITY CHARGES

   Sec. ___.  Section 562B.16, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  A landlord that is responsible for payment of utilities being provided to the tenant shall not charge to the tenant an amount in excess of the actual cost of the utility and as specified in writing under section 562B.14, subsection 6. However, in addition to the actual cost of the utility, a landlord that is responsible for the payment of one or more utilities being provided to the tenant may impose a monthly utility administration fee to each tenant not to exceed five dollars per month.
   Sec. ___.  Section 562B.25, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  The failure of a tenant to pay utility charges that exceed the actual cost of the utility provided as required by section 562B.16, subsection 3, shall not be considered noncompliance with the rental agreement.
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UNLAWFUL OUSTER

   Sec. ___.  Section 562B.24, Code 2021, is amended to read as follows:
   562B.24  Tenant’s remedies for landlord’s unlawful ouster, exclusion, or diminution of services.
   If the landlord unlawfully removes or excludes the tenant from the manufactured home community or mobile home park or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, the tenant may recover possession, require the restoration of essential services or terminate the rental agreement and, in either case, recover an amount not to exceed two months’ periodic rent, and twice the actual damages sustained by the tenant, and reasonable attorney fees.  If the rental agreement is terminated, the landlord shall return all prepaid rent and security.
DIVISION ___
WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES

   Sec. ___.  NEW SECTION.  562B.23A  Wrongful failure to supply running water or essential services.
   1.  If contrary to the rental agreement or section 562B.16 the landlord deliberately or negligently fails to supply running water or other essential services, the tenant may give written notice to the landlord specifying the breach and may do one of the following:
   a.  Procure reasonable amounts of water or other essential services during the period of the landlord’s noncompliance and deduct the actual and reasonable cost from the rent.
   b.  Recover damages based upon the diminution in the fair market value of the mobile home space.
   c.  Recover any rent already paid for the period of the landlord’s noncompliance, which shall be reimbursed on a pro rata basis.
   2.  If the tenant proceeds under this section, the tenant may not proceed under section 562B.22 as to that breach.
   3.  The rights under this section do not arise until the tenant has given notice to the landlord or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the consent of the tenant.
DIVISION ___
PROHIBITED RENTAL AGREEMENT PROVISION —— HOME EQUIPMENT

   Sec. ___.  Section 562B.11, subsection 1, Code 2021, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Agrees to modify the mobile home, manufactured home, or modular home in a way that would substantially impair the ability of the tenant to move the home from the mobile home space, unless such modification is required by federal law, including but not limited to the model manufactured home installation standards, 24 C.F.R. pt. 3285, the manufactured home construction and safety standards, 24 C.F.R. pt. 3280, or the manufactured home procedural and enforcement regulations, 24 C.F.R. pt. 3282, or by state or local law, the manufacturer’s installation instructions, any requirement arising from the landlord’s financing of the home or of the mobile home park or manufactured home community in which the home is located, or unless such modification is otherwise necessary for the safe and proper installation of the home.
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LANDLORD SALES

   Sec. ___.  NEW SECTION.  562B.17A  Sale of mobile home by landlord.
   1.  Any sale of a mobile home located in a manufactured home community or mobile home park by a landlord or landlord’s agent shall be by written agreement and the landlord shall produce and assign the current certificate of title obtained from the department of transportation. The agreement shall state the basic terms of sale, including the total cost of the mobile home, finance charges, annual percentage rate, and the frequency and amount of each installment payment. Such agreement shall comply with the finance charge rate limitation in section 103A.58, subsection 1.
   2.  Any such sale that does not comply with this section may be voided by the buyer and the buyer may recover damages incurred, amounts paid as a rental deposit in excess of two months’ rent for the mobile home, and reasonable attorney fees.
   3.  A claim under subsection 2 may be combined with an action under chapter 648.
   Sec. ___.  Section 648.19, subsection 1, Code 2021, is amended to read as follows:
   1.  An action under this chapter shall not be filed in connection with any other action, with the exception of a claim for rent or recovery as provided in section 555B.3, 562A.24, 562A.32, 562B.17A, 562B.22, 562B.25, or 562B.27, nor shall it be made the subject of counterclaim.
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MANUFACTURED HOUSING PROGRAM FUND

   Sec. ___.  Section 16.45, subsection 1, Code 2021, is amended to read as follows:
   1.  A manufactured housing program fund is created within the authority to further the goal of providing affordable housing to Iowans. The moneys in the fund are to be used for the purpose of providing funding to financial institutions or other lenders to finance the purchase by an individual of a manufactured home that is in compliance with all laws, rules, and standards that are applicable to manufactured homes and manufactured housing. The manufactured housing program fund is designed exclusively for manufactured homes sited on leased land.>
   3.  Title page, by striking lines 1 through 3 and inserting <An Act relating to manufactured, modular, and mobile homes and site-built dwelling units, including zoning regulations, rental agreements, actions associated with such properties, and the manufactured housing program fund, and including effective date provisions.>
   4.  By renumbering as necessary.

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LOHSE of Polk