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