Senate File 98
SENATE FILE
BY DVORSKY and HOLVECK
(COMPANION TO LSB 1793HH
BY WINCKLER)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to manufactured and mobile homes by providing for
2 tenants' rights and safety.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1793SS 80
5 rh/cl/14
PAG LIN
1 1 Section 1. Section 331.301, subsection 15, paragraph a,
1 2 Code 2003, is amended by striking the paragraph and inserting
1 3 in lieu thereof the following:
1 4 a. (1) A county may adopt an ordinance requiring the
1 5 construction of a storm shelter or shelters at a manufactured
1 6 home community or mobile home park.
1 7 (2) Such an ordinance shall require all of the following:
1 8 (a) The storm shelter shall be constructed in accordance
1 9 with design and construction guidelines for community shelters
1 10 promulgated by the federal emergency management agency.
1 11 (b) The storm shelter shall have adequate space for the
1 12 maximum residential capacity of the manufactured home
1 13 community or mobile home park. This capacity shall be based
1 14 on the number of platted manufactured and mobile home spaces
1 15 in the manufactured home community or mobile home park
1 16 multiplied by twenty=two square feet.
1 17 (c) A storm shelter shall be placed at a maximum distance
1 18 of one thousand two hundred feet from any mobile or
1 19 manufactured home.
1 20 (d) A minimum of one storm shelter per manufactured home
1 21 community or mobile home park shall be required.
1 22 (e) The community or park developer or owner shall provide
1 23 immediate twenty=four=hour access to the storm shelter.
1 24 (3) The shelter may include a restroom if the shelter is
1 25 used exclusively as a storm shelter.
1 26 (4) In lieu of construction of a storm shelter in the
1 27 manufactured home community or mobile home park, a community
1 28 or park owner may provide a plan for evacuation of community
1 29 or park residents if an adequately sized storm shelter located
1 30 outside of the manufactured home community or mobile home park
1 31 is within one thousand five hundred feet of the farthest
1 32 manufactured or mobile home space in the development. The
1 33 community or park owner shall provide unimpeded and immediate
1 34 twenty=four=hour access to such a storm shelter.
1 35 (5) A storm shelter structure may be exempt from taxation
2 1 as provided in section 427.1, subsection 30.
2 2 Sec. 2. Section 364.3, subsection 8, paragraph a, Code
2 3 2003, is amended by striking the paragraph and inserting in
2 4 lieu thereof the following:
2 5 a. (1) A city may adopt an ordinance requiring the
2 6 construction of a storm shelter or shelters at a manufactured
2 7 home community or mobile home park.
2 8 (2) Such an ordinance shall require all of the following:
2 9 (a) The storm shelter shall be constructed in accordance
2 10 with design and construction guidelines for community shelters
2 11 promulgated by the federal emergency management agency.
2 12 (b) The storm shelter shall have adequate space for the
2 13 maximum residential capacity of the manufactured home
2 14 community or mobile home park. This capacity shall be based
2 15 on the number of platted manufactured and mobile home spaces
2 16 in the manufactured home community or mobile home park
2 17 multiplied by twenty=two square feet.
2 18 (c) A storm shelter shall be placed at a maximum distance
2 19 of one thousand two hundred feet from any mobile or
2 20 manufactured home.
2 21 (d) A minimum of one storm shelter per manufactured home
2 22 community or mobile home park shall be required.
2 23 (e) The community or park developer or owner shall provide
2 24 immediate twenty=four=hour access to the storm shelter.
2 25 (3) The shelter may include a restroom if the shelter is
2 26 used exclusively as a storm shelter.
2 27 (4) In lieu of construction of a storm shelter in the
2 28 manufactured home community or mobile home park, a community
2 29 or park owner may provide a plan for evacuation of community
2 30 or park residents if an adequately sized storm shelter located
2 31 outside the manufactured home community or mobile home park is
2 32 within one thousand five hundred feet of the farthest
2 33 manufactured or mobile home space in the development. The
2 34 community or park owner shall provide unimpeded and immediate
2 35 twenty=four=hour access to such a storm shelter.
3 1 (5) A storm shelter structure may be exempt from taxation
3 2 as provided in section 427.1, subsection 30.
3 3 Sec. 3. Section 562B.10, subsection 4, Code 2003, is
3 4 amended to read as follows:
3 5 4. Rental agreements shall be for a term of one year
3 6 unless otherwise specified in the rental agreement. Rental
3 7 agreements shall be canceled by at least sixty days' written
3 8 notice given by either party. Cancellation under this
3 9 section, initiated by the landlord, shall be for good cause.
3 10 "Good cause" means any material noncompliance with this
3 11 chapter, the lease agreement, or for any legitimate business
3 12 reason. A landlord shall not cancel a rental agreement "Good
3 13 cause" does not include cancellation solely for the purpose of
3 14 making the tenant's mobile home space available for another
3 15 mobile home.
3 16 EXPLANATION
3 17 This bill relates to mobile homes and manufactured homes.
3 18 The bill provides that a county or a city may adopt an
3 19 ordinance requiring the construction of a storm shelter or
3 20 storm shelters at a manufactured home community or mobile home
3 21 park. If a storm shelter is constructed, the ordinance
3 22 adopted or enforced shall require the storm shelter to be
3 23 constructed in accordance with design and construction
3 24 guidelines for community shelters promulgated by the federal
3 25 emergency management agency.
3 26 The bill also provides that a storm shelter shall have
3 27 adequate space for the maximum residential capacity in the
3 28 manufactured home community or the mobile home park, that the
3 29 storm shelter shall be placed at a maximum distance of 1,200
3 30 feet from any mobile or manufactured home, that there shall be
3 31 a minimum of one storm shelter per manufactured home community
3 32 or mobile home park, that the shelter may include a restroom
3 33 if the shelter is used exclusively as a storm shelter, that a
3 34 community or park owner shall not provide an evacuation plan
3 35 in lieu of construction of a storm shelter in the manufactured
4 1 home community or mobile home park, unless the closest,
4 2 adequately sized storm shelter located outside the community
4 3 or park is within 1,500 feet of the furthest manufactured or
4 4 mobile home space in the development, and that the
4 5 manufactured home community or mobile home park developer or
4 6 owner shall provide 24=hour access to the storm shelter. The
4 7 bill further provides that a storm shelter structure may be
4 8 exempt from taxation as provided in Code section 427.1,
4 9 subsection 30.
4 10 The bill further provides that a landlord must have good
4 11 cause before terminating a mobile home space rental agreement.
4 12 "Good cause" means any material noncompliance with the
4 13 provisions of Code chapter 562B, the lease agreement, or for
4 14 any legitimate business reason.
4 15 LSB 1793SS 80
4 16 rh/cl/14