House File 444 - Introduced



                                        HOUSE FILE       
                                        BY  HUSER, LENSING,
                                            WESSEL=KROESCHELL, BERRY,
                                            MASCHER, WINCKLER, and
                                            JOCHUM

                                        (COMPANION TO LSB 2616SS
                                         BY TINSMAN)


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

                                      A BILL FOR

  1 An Act relating to a landlord's retaliatory actions against a
  2    tenant for summoning or receiving police or emergency
  3    assistance in response to a domestic abuse situation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2616HH 81
  6 rh/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 situation
  1  5 involving domestic abuse as defined in section 236.2.
  1  6    Sec. 2.  Section 562B.32, subsection 1, Code 2005, is
  1  7 amended by adding the following new paragraph:
  1  8    NEW PARAGRAPH.  cc.  The tenant has summoned or received
  1  9 police or emergency assistance in response to a situation
  1 10 involving domestic abuse as defined in section 236.2.
  1 11                           EXPLANATION
  1 12    This bill relates to residential landlord=tenant law, by
  1 13 making certain changes related to family violence and domestic
  1 14 abuse.
  1 15    The bill provides that a landlord under Code chapter 562A
  1 16 (uniform residential landlord=tenant law) or Code chapter 562B
  1 17 (mobile home parks residential landlord=tenant law) may not
  1 18 retaliate against a tenant by increasing rent, decreasing
  1 19 services, or by bringing or threatening to bring an action for
  1 20 possession after the tenant has summoned or received police or
  1 21 emergency assistance in response to a domestic abuse situation
  1 22 as defined in Code section 236.2.  Domestic abuse is defined
  1 23 as an assault committed between persons who are married or
  1 24 have been married and who are not currently living together,
  1 25 persons who are the parents of the same minor child, family or
  1 26 household members 18 or older who are currently living
  1 27 together or who have lived together in the past year, and
  1 28 persons who are in an intimate relationship and have had
  1 29 contact within the past year of the assault.
  1 30    If a landlord acts in violation of the bill, a tenant's
  1 31 remedies may include the recovery of actual damages,
  1 32 reasonable attorney fees, and possession of the dwelling under
  1 33 Code chapter 562A or 562B.
  1 34 LSB 2616HH 81
  1 35 rh:nh/sh/8