House File 2349 - Introduced



                                       HOUSE FILE       
                                       BY  FORD


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to landlords and tenants by prohibiting a
  2    landlord from retaliating against a tenant for summoning or
  3    receiving police or emergency assistance in response to a
  4    family violence or domestic abuse situation and requiring a
  5    landlord to have good cause to terminate a mobile home space
  6    rental agreement.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 6328HH 81
  9 kk/sh/8

PAG LIN



  1  1    Section 1.  Section 562A.36, subsection 1, Code 2005, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  d.  The tenant has summoned or received
  1  4 police or emergency assistance in response to a family
  1  5 violence or domestic abuse situation.
  1  6    Sec. 2.  Section 562B.10, subsection 4, Code 2005, is
  1  7 amended to read as follows:
  1  8    4.  Rental agreements shall be for a term of one year
  1  9 unless otherwise specified in the rental agreement.  Rental
  1 10 agreements shall be canceled by at least sixty days' written
  1 11 notice given by either party.  A notice to cancel under this
  1 12 section initiated by the landlord shall be for good cause.
  1 13 Good cause shall constitute a material noncompliance by the
  1 14 tenant with the rental agreement, a violation of this chapter,
  1 15 or a legitimate business reason.  A landlord shall not cancel
  1 16 a rental agreement solely for the purpose of making the
  1 17 tenant's mobile home space available for another mobile home.
  1 18    Sec. 3.  Section 562B.32, subsection 1, Code 2005, is
  1 19 amended by adding the following new paragraph:
  1 20    NEW PARAGRAPH.  cc.  The tenant has summoned or received
  1 21 police or emergency assistance in response to a family
  1 22 violence or domestic abuse situation.
  1 23                           EXPLANATION
  1 24    This bill relates to landlords and tenants.
  1 25    The bill provides that a landlord under Code chapter 562A
  1 26 (uniform residential landlord=tenant law) or Code chapter 562B
  1 27 (mobile home parks residential landlord=tenant law) may not
  1 28 retaliate against a tenant by increasing rent, decreasing
  1 29 services, or by bringing or threatening to bring an action for
  1 30 possession after the tenant has summoned or received police or
  1 31 emergency assistance in response to a family violence or
  1 32 domestic abuse situation.  If a landlord acts in violation of
  1 33 this bill, a tenant's remedies may include the recovery of
  1 34 actual damages, reasonable attorney fees, and possession of
  1 35 the dwelling under Code chapter 562A or 562B.
  2  1    The bill also provides that a landlord must have good cause
  2  2 before terminating a mobile home space rental agreement.
  2  3 "Good cause" is defined to mean a material noncompliance by
  2  4 the tenant with the rental agreement, a violation of Code
  2  5 chapter 562B, or a legitimate business reason.
  2  6 LSB 6328HH 81
  2  7 kk:nh/sh/8