Senate File 2379 S-5131 Amend Senate File 2379 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 RETALIATION 5 Section 1. Section 562B.32, subsection 1, paragraph d, Code 6 2022, is amended to read as follows: 7 d. For exercising any of the rights and remedies pursuant 8 to this chapter or chapter 216 . 9 Sec. 2. Section 562B.32, subsection 2, Code 2022, is amended 10 to read as follows: 11 2. If the landlord acts in violation of subsection 1 12 of this section , the tenant is entitled to the remedies 13 provided in section 562B.24 and has a defense in an action for 14 possession. In an action by or against the tenant, evidence 15 of a complaint within six months one year prior to the alleged 16 act of retaliation creates a presumption that the landlord’s 17 conduct was in retaliation. The presumption does not arise 18 if the tenant made the complaint after notice of termination 19 of the rental agreement. For the purpose of this subsection , 20 “presumption” means that the trier of fact must find the 21 existence of the fact presumed unless and until evidence is 22 introduced which would support a finding of its nonexistence. 23 DIVISION II 24 RENTAL AGREEMENTS 25 Sec. 3. Section 562B.7, subsection 10, Code 2022, is amended 26 to read as follows: 27 10. “Rent” means a payment to be made to the landlord under 28 the rental agreement , including base rent, utilities, late 29 fees, and other payments made by the tenant to the landlord 30 under the rental agreement . 31 Sec. 4. Section 562B.10, subsection 5, Code 2022, is amended 32 to read as follows: 33 5. Rental agreements shall be for a term of one year unless 34 otherwise specified in the rental agreement. Rental agreements 35 -1- SF 2379.4414 (1) 89 cm/jh 1/ 14 #1.

shall be canceled by at least sixty ninety days’ written notice 1 given by either party. A landlord shall not cancel a rental 2 agreement solely for the purpose of making the tenant’s mobile 3 home space available for another mobile home. 4 Sec. 5. Section 562B.14, subsection 7, Code 2022, is amended 5 to read as follows: 6 7. Each tenant shall be notified, in writing, of any rent 7 increase at least sixty ninety days before the effective date. 8 Such effective date shall not be sooner than the expiration 9 date of the original rental agreement or any renewal or 10 extension thereof. 11 Sec. 6. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. 13 Sec. 7. APPLICABILITY. This division of this Act applies to 14 rent increases first noticed under chapter 562B occurring on or 15 after the effective date of this division of this Act. 16 DIVISION III 17 DISCLOSURE OF UTILITY CHARGES 18 Sec. 8. Section 562B.14, subsection 6, Code 2022, is amended 19 to read as follows: 20 6. a. The landlord or any person authorized to enter into 21 a rental agreement on the landlord’s behalf shall provide a 22 written explanation of utility rates, charges and services to 23 the prospective tenant before the rental agreement is signed 24 unless the utility charges are paid by the tenant directly to 25 the utility company. 26 b. Tenants shall be notified of any increase in utility 27 rates or charges in the manner set forth in subsection 7 for 28 rent increases, unless the landlord does not receive at least 29 ninety days prior notice of such increase from the utility 30 provider, in which case no prior notice of the increase from 31 the landlord to the tenant is required for the increase to be 32 effective. 33 c. Nothing in this chapter shall authorize a landlord to 34 meter a premises contrary to applicable law, rule, or tariff, 35 -2- SF 2379.4414 (1) 89 cm/jh 2/ 14

or assess a utility charge to the tenant contrary to applicable 1 law, rule, or tariff. 2 DIVISION IV 3 WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES 4 Sec. 9. NEW SECTION . 562B.23A Wrongful failure to supply 5 running water or essential services. 6 1. If contrary to the rental agreement or section 562B.16 7 the landlord deliberately or negligently fails to supply 8 running water or other essential services, the tenant may give 9 written notice to the landlord specifying the breach and may 10 do one of the following: 11 a. Procure reasonable amounts of water or other essential 12 services during the period of the landlord’s noncompliance and 13 deduct the actual and reasonable cost from the rent. 14 b. Recover damages based upon the diminution in the fair 15 market value of the mobile home space. 16 c. Recover any rent already paid for the period of the 17 landlord’s noncompliance which shall be reimbursed on a pro 18 rata basis. 19 2. If the tenant proceeds under this section, the tenant may 20 not proceed under section 562B.22 as to that breach. 21 3. The rights under this section do not arise until the 22 tenant has given notice to the landlord or if the condition was 23 caused by the deliberate or negligent act or omission of the 24 tenant, a member of the tenant’s family, or other person on the 25 premises with the consent of the tenant. 26 Sec. 10. EFFECTIVE DATE. This division of this Act, being 27 deemed of immediate importance, takes effect upon enactment. 28 DIVISION V 29 DENIAL OF RENTAL OR REFUSAL OF SALE 30 Sec. 11. Section 562B.19, subsection 3, paragraph c, Code 31 2022, is amended to read as follows: 32 c. Deny any resident of a manufactured home community 33 or mobile home park the right to sell that person’s mobile 34 home at a price of the person’s own choosing, but may reserve 35 -3- SF 2379.4414 (1) 89 cm/jh 3/ 14

the right to approve the purchaser of such mobile home as a 1 tenant but such permission may not be unreasonably withheld, 2 provided however, that the landlord may, in the event of a 3 sale to a third party, in order to upgrade the quality of 4 the manufactured home community or mobile home park, require 5 that any mobile home in a rundown condition or in disrepair be 6 removed from the manufactured home community or park within 7 sixty days. If the landlord does not approve the purchaser as 8 a tenant, the landlord shall provide the purchaser with written 9 notice of such denial and the general reason for the denial, 10 but the landlord shall not be required to provide a specific 11 reason for the denial. 12 DIVISION VI 13 PROHIBITED RENTAL AGREEMENT PROVISION —— HOME EQUIPMENT 14 Sec. 12. Section 562B.11, subsection 1, Code 2022, is 15 amended by adding the following new paragraph: 16 NEW PARAGRAPH . e. Agrees to modify the mobile home, 17 manufactured home, or modular home in a way that would 18 substantially impair the ability of the tenant to move the 19 home from the mobile home space, unless such modification is 20 required by federal law, including but not limited to the 21 model manufactured home installation standards, 24 C.F.R. pt. 22 3285, the manufactured home construction and safety standards, 23 24 C.F.R. pt. 3280, or the manufactured home procedural and 24 enforcement regulations, 24 C.F.R. pt. 3282, or by state or 25 local law, the manufacturer’s installation instructions, any 26 requirement arising from the landlord’s financing of the home 27 or of the mobile home park or manufactured home community in 28 which the home is located, or unless such modification is 29 otherwise necessary for the safe and proper installation of the 30 home. 31 DIVISION VII 32 LANDLORD SALES 33 Sec. 13. NEW SECTION . 562B.17A Sale of mobile home by 34 landlord. 35 -4- SF 2379.4414 (1) 89 cm/jh 4/ 14

1. Any sale of a mobile home located in a manufactured home 1 community or mobile home park by a landlord or landlord’s agent 2 shall be by written agreement and the landlord shall, upon the 3 buyer’s fulfillment of all payment and other terms under the 4 agreement, produce and assign the current certificate of title 5 obtained from the department of transportation. The agreement 6 shall state the basic terms of sale, including the total 7 cost of the mobile home, and, in the case of an installment 8 contract, finance charges, annual percentage rate, and the 9 frequency and amount of each installment payment. 10 2. If such sale does not comply with this section, the 11 court may award monetary or equitable relief, including voiding 12 the sale, and the buyer may recover damages incurred, amounts 13 paid as a rental deposit in excess of two months’ rent, and 14 reasonable attorney fees. 15 3. A claim under subsection 2 may be combined with an action 16 under chapter 648. 17 Sec. 14. Section 648.19, subsection 1, Code 2022, is amended 18 to read as follows: 19 1. An action under this chapter shall not be filed in 20 connection with any other action, with the exception of a claim 21 for rent or recovery as provided in section 555B.3 , 562A.24 , 22 562A.32 , 562B.17A, 562B.22 , 562B.25 , or 562B.27 , nor shall it 23 be made the subject of counterclaim. 24 DIVISION VIII 25 SALE OF MANUFACTURED HOME COMMUNITY OR MOBILE HOME PARK 26 Sec. 15. NEW SECTION . 562B.16A Sale of manufactured home 27 community or mobile home park —— notices. 28 Upon termination of the landlord’s interest in the 29 manufactured home community or mobile home park, the landlord’s 30 successor in interest shall have the same legal obligations, 31 rights, and remedies of the landlord, including with respect to 32 all rental agreements. 33 Sec. 16. APPLICABILITY. This division of this Act applies 34 to manufactured home community or mobile home park sale 35 -5- SF 2379.4414 (1) 89 cm/jh 5/ 14

transactions made on or after the effective date of this 1 division of this Act. 2 DIVISION IX 3 REGULATION BY COUNTIES AND CITIES —— CONTINUING NONCONFORMING 4 USES 5 Sec. 17. Section 335.3, subsection 2, Code 2022, is amended 6 to read as follows: 7 2. a. When Except as provided in paragraph “b” , when there 8 is a replacement of a preexisting manufactured, modular, or 9 mobile home with another any other manufactured, modular, or 10 mobile home containing no more than the original number of 11 dwelling units, or a replacement of a preexisting site-built 12 dwelling unit with a manufactured, modular, or mobile home or 13 site-built dwelling unit, within a manufactured home community 14 or a mobile home park, the board of supervisors shall not 15 adopt or enforce any ordinance, regulation, or restriction , 16 or impose any conditions on the replacement home, home site 17 upon which the home sits, or the owner’s property that were not 18 required of the preexisting home, home site, or property, that 19 would prevent the continuance of the property owner’s lawful 20 nonconforming use that had existed relating to the preexisting 21 home unless any of the following apply: , home site upon which 22 the home sat, or the owner’s property. 23 b. Paragraph “a” does not apply if any of the following 24 conditions exist: 25 a. (1) A discontinuance is necessary for The replacement 26 of the preexisting home with the replacement home would 27 substantially increase the risk to the safety of life or 28 property. 29 b. (2) The property owner has discontinued and abandoned 30 the nonconforming use has been discontinued for the period 31 of time established by ordinance, unless such discontinuance 32 is caused by circumstances outside the control of the 33 property owner. The period of time so established shall be 34 not less than one year. For purposes of this subparagraph, 35 -6- SF 2379.4414 (1) 89 cm/jh 6/ 14

circumstances outside the control of the property owner 1 include floods, fires, destructive thunderstorm events such 2 as derechos and tornadoes, and similar catastrophic events 3 causing widespread or localized severe property damage. For 4 purposes of this subparagraph, a property owner shall not be 5 considered to have discontinued and abandoned the nonconforming 6 use if the property owner demonstrates that the applicable home 7 site continues to be available for use as a home site for a 8 replacement home. 9 c. (3) The replacement results in the overall nature and 10 character of the present use being substantially or entirely 11 different from the original lawful preexisting nonconforming 12 use. 13 d. (4) The replacement results in an obstruction to a 14 shared driveway or shared sidewalk providing vehicular or 15 pedestrian access to other homes and uses unless the property 16 owner makes modifications to such shared driveway or sidewalk 17 that extinguishes such obstruction or the effects of such 18 obstruction. 19 Sec. 18. Section 414.1, subsection 1, paragraph c, Code 20 2022, is amended to read as follows: 21 c. (1) When Except when provided in subparagraph (2), when 22 there is a replacement of a preexisting manufactured, modular, 23 or mobile home with another any other manufactured, modular, 24 or mobile home containing no more than the original number of 25 dwelling units, or a replacement of a preexisting site-built 26 dwelling unit with a manufactured, modular, or mobile home or 27 site-built dwelling unit, within a manufactured home community 28 or a mobile home park, the city shall not adopt or enforce any 29 ordinance, regulation, or restriction , or impose any conditions 30 on the replacement home, home site upon which the home 31 sits, or the owner’s property that were not required of the 32 preexisting home, home site, or property, that would prevent 33 the continuance of the property owner’s lawful nonconforming 34 use that had existed relating to the preexisting home unless 35 -7- SF 2379.4414 (1) 89 cm/jh 7/ 14

any of the following apply: , home site upon which the home sat, 1 or the owner’s property. 2 (2) Subparagraph (1) does not apply if any of the following 3 conditions exist: 4 (1) (a) A discontinuance is necessary for The replacement 5 of the preexisting home with the replacement home would 6 substantially increase the risk to the safety of life or 7 property. 8 (2) (b) The property owner has discontinued and abandoned 9 the nonconforming use has been discontinued for the period of 10 time established by ordinance, unless such discontinuance is 11 caused by circumstances outside the control of the property 12 owner. The period of time so established shall be not less 13 than one year. For purposes of this subparagraph division, 14 circumstances outside the control of the property owner 15 include floods, fires, destructive thunderstorm events such as 16 derechos and tornadoes, and similar catastrophic events causing 17 widespread or localized severe property damage. For purposes 18 of this subparagraph division, a property owner shall not be 19 considered to have discontinued and abandoned the nonconforming 20 use if the property owner demonstrates that the applicable home 21 site continues to be available for use as a home site for a 22 replacement home. 23 (3) (c) The replacement results in the overall nature and 24 character of the present use being substantially or entirely 25 different from the original lawful preexisting nonconforming 26 use. 27 (4) (d) The replacement results in an obstruction to a 28 shared driveway or shared sidewalk providing vehicular or 29 pedestrian access to other homes and uses unless the property 30 owner makes modifications to such shared driveway or sidewalk 31 that extinguishes such obstruction or the effects of such 32 obstruction. 33 DIVISION X 34 FORCIBLE ENTRY AND DETAINER 35 -8- SF 2379.4414 (1) 89 cm/jh 8/ 14

Sec. 19. Section 648.5, subsections 1 and 3, Code 2022, are 1 amended to read as follows: 2 1. a. An action for forcible entry and detainer shall 3 be brought in a county where all or part of the premises is 4 located. Such an action shall be tried as an equitable action. 5 Upon receipt of the petition, the court shall set a date, time, 6 and place for hearing. The court shall set the date of hearing 7 no later than eight days from the filing date, except that the 8 court shall set a later hearing date no later than fifteen days 9 from the date of filing if the plaintiff requests or consents 10 to the later date of hearing. 11 b. The requirement regarding the setting of the initial 12 hearing in paragraph “a” is not a jurisdictional requirement and 13 does not affect the court’s subject matter jurisdiction to hear 14 the action for forcible entry and detainer. 15 3. Service of original notice by mail is deemed completed 16 four days after the notice is deposited in the mail and 17 postmarked for delivery, whether or not the recipient signs a 18 receipt for the original notice. In computing the time for 19 completion of service, the first day shall be excluded and the 20 final day shall be included regardless of whether the fourth 21 day is a Saturday, Sunday, or federal holiday. 22 DIVISION XI 23 ABANDONED MOBILE HOMES 24 Sec. 20. Section 555B.3, Code 2022, is amended to read as 25 follows: 26 555B.3 Action for abandonment —— jurisdiction. 27 A real property owner not requesting notification by the 28 sheriff as provided in section 555B.2 may bring an action 29 alleging abandonment in the court within the county where the 30 real property is located provided that there is no lien on 31 the mobile home or personal property other than a tax lien 32 pursuant to chapter 435 . The action shall be tried as an 33 equitable action. Unless commenced as a small claim, the 34 petition shall be presented to a district judge. Upon receipt 35 -9- SF 2379.4414 (1) 89 cm/jh 9/ 14

of the petition, either the court or the clerk of the district 1 court shall set a date for a hearing not later than fourteen 2 days from the date of the receipt of the petition , except where 3 there is a lien on the mobile home or personal property other 4 than a tax lien, the court or the clerk of the district court 5 shall set a date for a hearing no sooner than twenty-five days 6 from the date of the receipt of the petition so as to allow for 7 service on the lienholder . 8 Sec. 21. Section 555B.4, Code 2022, is amended by adding the 9 following new subsections: 10 NEW SUBSECTION . 4. If a lien other than a tax lien exists 11 on the mobile home or personal property at the time an action 12 for abandonment is initiated, the personal service pursuant 13 to the Iowa rules of civil procedure shall be made upon the 14 lienholder no less than twenty days before the hearing. The 15 notice to the lienholder shall describe the mobile home and 16 shall state the docket, case number, date, and time at which 17 the hearing is scheduled, and the lienholder’s right to assert 18 a claim to the mobile home at the hearing. The notice shall 19 state that failure to assert a claim to the mobile home within 20 the judicial proceedings is deemed a waiver of all rights, 21 title, claims, and interest in the mobile home and deemed to 22 be consent to the sale or disposal of the mobile home. If 23 personal service cannot be completed in time to give the 24 lienholder the minimum notice required by this subsection, the 25 court may set a new hearing date. 26 NEW SUBSECTION . 5. In the event a tenant who was sole owner 27 of a mobile home dies during the term of the rental agreement 28 resulting in the mobile home being abandoned, service shall be 29 made in accordance with section 562B.10, subsection 7. 30 Sec. 22. Section 555B.8, subsections 2 and 3, Code 2022, are 31 amended to read as follows: 32 2. If Except as otherwise ordered by the court, if the 33 mobile home owner or other claimant asserts a claim to the 34 property, the judgment shall be satisfied before the mobile 35 -10- SF 2379.4414 (1) 89 cm/jh 10/ 14

home owner or other claimant may take possession of the mobile 1 home or personal property. 2 3. If no claim is asserted to the mobile home or personal 3 property or if the judgment is not satisfied at the time of 4 entry, an order shall be entered allowing the real property 5 owner to sell or otherwise dispose of the mobile home and 6 personal property pursuant to section 555B.9 . If Except as 7 otherwise ordered by the court, if a claimant satisfies the 8 judgment at the time of entry, the court shall enter an order 9 permitting and directing the claimant to remove the mobile home 10 or personal property from its location within a reasonable time 11 to be fixed by the court. The court shall also determine the 12 amount of further rent or storage charges to be paid by the 13 claimant to the real property owner at the time of removal. 14 Sec. 23. Section 555B.9, subsections 1, 2, and 4, Code 2022, 15 are amended to read as follows: 16 1. Pursuant to an order for disposal under section 555B.8, 17 subsection 3 , the real property owner shall dispose of the 18 mobile home and personal property by public or private sale in 19 a commercially reasonable manner. If the personal property 20 owner , lienholder, or other claimant has asserted a claim 21 to the mobile home or personal property within the judicial 22 proceedings , that person shall be notified of the sale by 23 restricted certified mail not less than five days before the 24 sale. The notice is deemed given upon the mailing. The real 25 property owner may buy at any public sale, and if the mobile 26 home or personal property is of a type customarily sold in 27 a recognized market or is the subject of widely distributed 28 standard price quotations, the real property owner may buy at a 29 private sale. 30 2. A sale pursuant to subsection 1 transfers to the 31 purchaser for value, all of the mobile home owner’s rights 32 in the mobile home and personal property, and discharges the 33 real property owner’s interest in the mobile home and personal 34 property , and any tax lien , and any other lien . The purchaser 35 -11- SF 2379.4414 (1) 89 cm/jh 11/ 14

takes free of all rights and interests even though the real 1 property owner fails to comply with the requirements of this 2 chapter or of any judicial proceedings, if the purchaser acts 3 in good faith. 4 4. Notwithstanding subsections 1 through 3 , the real 5 property owner may propose to retain the mobile home and 6 personal property in satisfaction of the judgment obtained 7 pursuant to section 555B.8 . Written notice of the proposal 8 shall be sent to the mobile home owner , lienholder, or other 9 claimant, if that person has asserted a claim to the mobile 10 home or personal property in the judicial proceedings. If 11 the real property owner receives objection in writing from 12 the mobile home owner , lienholder, or other claimant within 13 twenty-one days after the notice was sent, the real property 14 owner shall dispose of the mobile home and personal property 15 pursuant to subsection 1 . If no written objection is received 16 by the real property owner within twenty-one days after the 17 notice was sent, the mobile home and personal property may be 18 retained. Retention of the mobile home and personal property 19 discharges the judgment of the real property owner , and any tax 20 lien , and any other lien . 21 Sec. 24. Section 555B.9, subsection 3, Code 2022, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . 0c. Third, to satisfy any other lien 24 for which a claim was asserted pursuant to section 555B.4, 25 subsection 4. 26 Sec. 25. Section 562B.10, subsection 7, Code 2022, is 27 amended to read as follows: 28 7. a. If a tenant who was sole owner of a mobile home dies 29 during the term of a rental agreement then that person’s heirs 30 at law or legal the personal representative of the decedent’s 31 estate, or the landlord shall have the right to cancel the 32 tenant’s lease by giving sixty days’ written notice to the 33 person’s heirs at law or legal the personal representative 34 of the decedent’s estate, or to the landlord, whichever 35 -12- SF 2379.4414 (1) 89 cm/jh 12/ 14

is appropriate, and the heirs at law or the legal personal 1 representative of the decedent’s estate, shall have the same 2 rights, privileges and liabilities of the original tenant , 3 provided that such heirs at law and personal representative 4 of the estate shall not have the right to occupy or otherwise 5 use the home or mobile home space as a tenant unless approved 6 by the landlord as a tenant. In the event the landlord, 7 after such a written notice is given and the tenant’s lease 8 is canceled, brings an action for forcible entry and detainer 9 or action for abandonment, the estate of the tenant and the 10 person’s located heirs at law or personal representative shall 11 be named as defendants in the action. The landlord may serve 12 notice upon such defendants pursuant to the method set forth 13 in section 562B.27A, subsection 1, paragraph “c” , or by mailing 14 notice by both regular mail and certified mail, as defined in 15 section 618.15, to the defendant’s last known address . 16 b. (1) If a tenant who was sole owner of a mobile home dies 17 during the term of a rental agreement resulting in the mobile 18 home being abandoned as provided in section 562B.27, subsection 19 1, and the landlord cannot, despite due diligence, locate such 20 a tenant’s heirs at law or personal representative, then the 21 landlord may bring an action for abandonment as provided in 22 section 555B.3, naming as defendants the estate of the tenant 23 and all unknown heirs at law of the tenant, and, upon the 24 landlord’s filing of an affidavit that personal service cannot 25 be had on any heirs at law, personal representative, or estate 26 of the tenant, the court shall permit original notice of such 27 action to be served by publication pursuant to subparagraph 28 (2). 29 (2) Publication of original notice shall be made once each 30 week for three consecutive weeks in a newspaper of general 31 circulation published in the county where the petition is 32 filed, pursuant to the Iowa rules of civil procedure. Service 33 is complete after the third consecutive weekly publication. 34 (3) In the event any tax lien or other liens exist on 35 -13- SF 2379.4414 (1) 89 cm/jh 13/ 14

the mobile home, the landlord may proceed with an action for 1 abandonment as provided in section 555B.3, except that the 2 notice shall be provided to the county treasurer as provided 3 in section 555B.4, subsection 3, if a tax lien exists, and 4 personal service pursuant to the Iowa rules of civil procedure 5 shall be made upon any lienholder no less than twenty days 6 before the hearing. Any notice to a lienholder shall state 7 that failure to assert a claim to the mobile home is deemed a 8 waiver of all rights, title, claims, and interest in the mobile 9 home and is deemed consent to the sale or disposal of the 10 mobile home. If personal service upon the lienholder cannot 11 be completed in time to give the lienholder the minimum notice 12 required by this subsection, the court may set a new hearing 13 date. > 14 2. Title page, lines 5 and 6, by striking < the repeal of the 15 manufactured home community and mobile home tax, > and inserting 16 < regulation by counties and cities of continuing nonconforming 17 uses of manufactured, modular, and mobile homes, > 18 ______________________________ AMY SINCLAIR -14- SF 2379.4414 (1) 89 cm/jh 14/ 14 #2.