HF 2277 (LSB 5834HH (4) 83)

HOUSE FILE 2277

BY  HUSER

(COMPANION TO LSB 5834SS BY JOCHUM)

A BILL FOR

An Act prohibiting cities and counties from adopting or enforcing ordinances that require a landlord to evict or impose certain restrictions or penalties on residential tenants and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.304A, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  a.  A county shall not adopt or enforce county legislation that requires a landlord under chapter 562A or 562B to do any of the following:
   (1)  Impose restrictions on a tenant’s ability to request assistance from a public safety agency as defined in section 34.1.
   (2)  Impose a penalty on or evict a tenant who requests assistance from a public safety agency as defined in section 34.1.
   (3)  Impose a penalty, impose liability, or evict a tenant as the result of actions taken by a person on the premises without the consent of the tenant.
   b.  County legislation in effect on the effective date of this Act that violates this subsection is void and unenforceable and any enforcement activity conducted in violation of this subsection is void.
   c.  This subsection shall not be construed to limit the enforcement of or invalidate any provision of a rental agreement.
    Sec. 2.  Section 364.3, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  a.  A city shall not adopt or enforce any ordinance that requires a landlord under chapter 562A or 562B to do any of the following:
   (1)  Impose restrictions on a tenant’s ability to request assistance from a public safety agency as defined in section 34.1.
   (2)  Impose a penalty on or evict a tenant who requests assistance from a public safety agency as defined in section 34.1.
   (3)  Impose a penalty, impose liability, or evict a tenant as the result of actions taken by a person on the premises without the consent of the tenant.
   b.  An ordinance in effect on the effective date of this Act that violates this subsection is void and unenforceable and any enforcement activity conducted in violation of this subsection is void.
   c.  This subsection shall not be construed to limit the enforcement of or invalidate any provision of a rental agreement.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill prohibits cities and counties from enacting or enforcing ordinances that require a landlord under Code chapter 562A (uniform residential landlord and tenant Act) or Code chapter 562B (manufactured home communities or mobile home parks residential landlord and tenant Act) to impose restrictions on a tenant’s ability to request assistance from a public safety agency as defined in the bill, to impose a penalty on or evict a tenant who requests assistance from a public safety agency, or to impose a penalty, impose liability, or evict a tenant as the result of actions taken by a person on the premises without the consent of the tenant.
   The bill provides that an ordinance in effect on the effective date of the bill that violates the provisions of the bill is void and unenforceable and any enforcement activity conducted in violation of the bill is void.
   The bill also provides that the restrictions imposed on the enactment and enforcement of such ordinances shall not be construed to limit the enforcement of or invalidate any provision of a rental agreement.
   The bill takes effect upon enactment.