House File 866 H-1393 Amend House File 866 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 216.8C, Code 2021, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 7. A request for accommodation made by 6 a person under this section must be reasonable under the 7 circumstances. A landlord may make other accommodations to the 8 person making the request including but not limited to offering 9 to relocate the person to another housing unit managed by the 10 landlord. 11 Sec. 2. Section 562A.9, subsection 4, Code 2021, is amended 12 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 20 that exceeds twenty dollars per day or a total amount of one 21 hundred dollars per month. For rental agreements in which the 22 rent is at least one thousand four hundred dollars per month, a 23 rental agreement shall not provide for a late fee that exceeds 24 two percent of the rent per day or ten percent of the rent per 25 month. 26 Sec. 3. Section 562A.11, subsection 2, Code 2021, is amended 27 to read as follows: 28 2. A provision prohibited by subsection 1 included in a 29 rental agreement is unenforceable. If a landlord willfully 30 uses enforces provisions in a rental agreement containing 31 provisions known by the landlord to be prohibited, a tenant may 32 recover actual damages sustained by the tenant and not more 33 than three months’ periodic rent and reasonable attorney fees. 34 Sec. 4. Section 648.18, Code 2021, is amended to read as 35 -1- HF 866.2036 (3) 89 cm/jh 1/ 4 #1.

follows: 1 648.18 Possession —— bar. 2 Thirty days’ peaceable possession with the knowledge of the 3 plaintiff after the cause of action accrues is a bar to this 4 proceeding. However, this section does not apply to a landlord 5 that notifies a tenant in a writing of a breach of a financial 6 obligation under a rental agreement entered into under chapter 7 562A and the landlord’s intent to enforce such provision. 8 Sec. 5. Section 648.22, Code 2021, is amended to read as 9 follows: 10 648.22 Judgment —— execution —— costs —— disposal of personal 11 property —— sealing of court records . 12 1. If the defendant is found guilty, judgment shall be 13 entered that the defendant be removed from the premises, and 14 that the plaintiff be put in possession of the premises, and an 15 execution for the defendant’s removal within three days from 16 the judgment shall issue accordingly to which judgment for 17 costs shall be entered in the judgment docket and lien index , 18 and to which shall be added a clause commanding the officer to 19 collect the costs as in ordinary cases. 20 2. Any personal property of the defendant remaining on the 21 plaintiff’s real property after the defendant’s removal under 22 this section may be disposed of by the plaintiff. 23 3. In a residential forcible entry and detainer action the 24 court shall enter an order sealing the court records of the 25 action not later than three days from the date of the hearing, 26 or from the date the hearing would have been held as provided 27 by law, if any of the following occurs: 28 a. The defendant is found not guilty. 29 b. By motion or upon the court’s own determination, the 30 court finds there is no genuine issue of material fact between 31 the parties. 32 c. The case is dismissed. 33 d. The plaintiff does not appear for the hearing. 34 4. Upon application of a defendant found guilty in a 35 -2- HF 866.2036 (3) 89 cm/jh 2/ 4

residential forcible entry and detainer action for nonpayment 1 of rent, the court shall enter an order sealing the record of 2 the action, the existence of the petition, all filings and 3 documentation within the case file, and any associated writs of 4 execution, if all of the following conditions are met: 5 a. More than five years have passed since the date of the 6 finding of guilt. 7 b. The applicant has not been found guilty in a subsequent 8 forcible entry and detainer action in the five-year period 9 directly preceding the application. 10 c. The applicant has not previously been granted a sealing 11 of a finding of guilt under this chapter within ten years prior 12 to the application. 13 d. The applicant has paid all court costs, fees, fines, and 14 any other financial obligation ordered by the court or assessed 15 by the clerk of the district court in the case. 16 5. The application to seal the record of the action shall be 17 included in the record the defendant wishes to seal, using a 18 form prescribed by the supreme court. 19 6. Upon sealing, the existence of the petition, all filings 20 and documentation within the case file, and any associated 21 writs of execution shall be removed from any publicly 22 accessible location under the direction of the judicial branch 23 or county, as applicable. Notwithstanding chapter 22, records 24 sealed upon satisfaction of the requirements specified in this 25 section shall not be available for public inspection except in 26 one of the following manners: 27 a. Upon request by the defendant or the attorney for the 28 defendant by filing a motion in the sealed case. 29 b. Upon application to the judicial branch using a form 30 prescribed by the supreme court for scholarly, educational, 31 journalistic, or governmental purposes only, provided that in 32 all cases, the names of minor children shall remain sealed 33 at all times, and that the names and personally identifiable 34 information of all persons named as defendants or included in 35 -3- HF 866.2036 (3) 89 cm/jh 3/ 4

the plaintiff’s petition shall be redacted and remain sealed 1 unless the court determines that release of such information is 2 necessary to fulfill the scholarly, educational, journalistic, 3 or governmental purpose of the request. 4 c. The clerk of court in the county in which an action is 5 originated shall maintain a record in the aggregate of all 6 filings and the final disposition of any such actions, to 7 include dismissal, default judgment, and writs associated with 8 disposition. The clerk of court shall make available to the 9 public and report annually such aggregate information in such 10 a manner prescribed by the supreme court as to protect the 11 identity of the parties while still providing the public with 12 information regarding eviction proceedings in the county. 13 7. Upon sealing, a consumer reporting agency shall 14 not disclose the existence of, or information regarding, 15 an eviction action or other civil action sealed or made 16 confidential under this section or use such action as a factor 17 to determine any score or recommendation to be included in a 18 consumer report regarding any person named in such case. 19 8. Subsections 3 through 7 shall not apply to a money 20 judgment awarded for an action that was filed with a forcible 21 entry and detainer action or arising from the same set of facts 22 and circumstances. 23 Sec. 6. APPLICABILITY. The following applies to rental 24 agreements whose lease terms begin on or after January 1, 2022: 25 The section of this Act amending section 562A.9. > 26 2. Title page, line 3, before < property > by inserting < court 27 records and > 28 ______________________________ HITE of Mahaska -4- HF 866.2036 (3) 89 cm/jh 4/ 4 #2.