Senate File 392 - Introduced





                                       SENATE FILE       
                                       BY  DANIELSON


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

                                      A BILL FOR

  1 An Act prohibiting landlords from imposing financial penalties
  2    against tenants for certain actions in violation of city
  3    ordinances and making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2349SS 83
  6 ns/rj/5

PAG LIN



  1  1    Section 1.  Section 562A.11, Code 2009, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  2.  A rental agreement shall not provide
  1  4 that the landlord is permitted to impose a fine or financial
  1  5 penalty on a tenant solely based on an act by the tenant or a
  1  6 licensee or invitee of the tenant that violates a city
  1  7 ordinance or regulation, unless the act violating the
  1  8 ordinance or regulation would result in immediate financial
  1  9 loss to the landlord.
  1 10    Sec. 2.  Section 562A.11, subsection 2, Code 2009, is
  1 11 amended to read as follows:
  1 12    2.  3.  A provision prohibited by subsection 1 or 2
  1 13 included in a rental agreement is unenforceable.  If a
  1 14 landlord willfully uses a rental agreement containing
  1 15 provisions known by the landlord to be prohibited, a tenant
  1 16 may recover actual damages sustained by the tenant and not
  1 17 more than three months' periodic rent and reasonable
  1 18 attorney's fees.
  1 19                           EXPLANATION
  1 20    This bill prohibits a landlord from imposing penalties on
  1 21 tenants for actions that the tenants, invitees, or licensees
  1 22 of the tenants may take that violate a city ordinance.
  1 23 However, this prohibition would not apply if the landlord
  1 24 would incur an immediate financial loss due to the action.  In
  1 25 that event, the landlord may impose a fine on the tenant.
  1 26    The prohibited provision, if included in a rental
  1 27 agreement, is unenforceable.  Also, if the tenant sustains
  1 28 actual damages from the landlord's inclusion of the prohibited
  1 29 provision, the tenant may recover those actual damages as well
  1 30 as no more than three months' periodic rent and the tenant's
  1 31 reasonable attorney's fees.
  1 32 LSB 2349SS 83
  1 33 ns/rj/5