Senate File 2210 - Introduced SENATE FILE 2210 BY JOCHUM and WARD (COMPANION TO LSB 5834HH BY HUSER) A BILL FOR An Act prohibiting cities and counties from adopting or 1 enforcing ordinances that require a landlord to evict or 2 impose certain restrictions or penalties on residential 3 tenants and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5834SS (2) 83 md/nh
S.F. 2210 Section 1. Section 331.304A, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. a. A county shall not adopt or enforce 3 county legislation that requires a landlord under chapter 562A 4 or 562B to do any of the following: 5 (1) Impose restrictions on a tenant’s ability to request 6 assistance from a public safety agency as defined in section 7 34.1. 8 (2) Impose a penalty on or evict a tenant who requests 9 assistance from a public safety agency as defined in section 10 34.1. 11 (3) Impose a penalty, impose liability, or evict a tenant as 12 the result of actions taken by a person on the premises without 13 the consent of the tenant. 14 b. County legislation in effect on the effective date 15 of this Act that violates this subsection is void and 16 unenforceable and any enforcement activity conducted in 17 violation of this subsection is void. 18 c. This subsection shall not be construed to limit the 19 enforcement of or invalidate any provision of a rental 20 agreement. 21 Sec. 2. Section 364.3, Code Supplement 2009, is amended by 22 adding the following new subsection: 23 NEW SUBSECTION . 11. a. A city shall not adopt or enforce 24 any ordinance that requires a landlord under chapter 562A or 25 562B to do any of the following: 26 (1) Impose restrictions on a tenant’s ability to request 27 assistance from a public safety agency as defined in section 28 34.1. 29 (2) Impose a penalty on or evict a tenant who requests 30 assistance from a public safety agency as defined in section 31 34.1. 32 (3) Impose a penalty, impose liability, or evict a tenant as 33 the result of actions taken by a person on the premises without 34 the consent of the tenant. 35 -1- LSB 5834SS (2) 83 md/nh 1/ 2
S.F. 2210 b. An ordinance in effect on the effective date of this Act 1 that violates this subsection is void and unenforceable and any 2 enforcement activity conducted in violation of this subsection 3 is void. 4 c. This subsection shall not be construed to limit the 5 enforcement of or invalidate any provision of a rental 6 agreement. 7 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 8 immediate importance, takes effect upon enactment. 9 EXPLANATION 10 This bill prohibits cities and counties from enacting 11 or enforcing ordinances that require a landlord under Code 12 chapter 562A (uniform residential landlord and tenant Act) or 13 Code chapter 562B (manufactured home communities or mobile 14 home parks residential landlord and tenant Act) to impose 15 restrictions on a tenant’s ability to request assistance from 16 a public safety agency as defined in the bill, to impose a 17 penalty on or evict a tenant who requests assistance from a 18 public safety agency, or to impose a penalty, impose liability, 19 or evict a tenant as the result of actions taken by a person on 20 the premises without the consent of the tenant. 21 The bill provides that an ordinance in effect on the 22 effective date of the bill that violates the provisions of the 23 bill is void and unenforceable and any enforcement activity 24 conducted in violation of the bill is void. 25 The bill also provides that the restrictions imposed on 26 the enactment and enforcement of such ordinances shall not 27 be construed to limit the enforcement of or invalidate any 28 provision of a rental agreement. 29 The bill takes effect upon enactment. 30 -2- LSB 5834SS (2) 83 md/nh 2/ 2