House File 2141 - Introduced HOUSE FILE 2141 BY KAUFMANN , GASKILL , BRANDENBURG , HANUSA , HELLAND , J. SMITH , BYRNES , MURPHY , WOLFE , SWAIM , WITTNEBEN , BALTIMORE , TJEPKES , RASMUSSEN , RAYHONS , LUKAN , WATTS , HAGENOW , ROGERS , WAGNER , and DEYOE A BILL FOR An Act relating to city utilities and city enterprises by 1 making changes to requirements related to residential rental 2 property. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5664YH (4) 84 aw/sc

H.F. 2141 Section 1. Section 384.84, subsection 4, paragraph d, Code 1 Supplement 2011, is amended to read as follows: 2 d. Residential rental property where a charge for water 3 service is separately metered and paid directly to the city 4 utility or enterprise by the tenant is exempt from a lien for 5 delinquent rates or charges associated with such water service 6 if the landlord gives written notice to the city utility or 7 enterprise that the property is residential rental property 8 and that the tenant is liable for the rates or charges. A 9 city utility or enterprise may require a deposit not exceeding 10 the usual cost of ninety days of water service to be paid 11 to the utility or enterprise. Upon receipt, the utility or 12 enterprise shall acknowledge the notice and deposit. A written 13 notice shall contain the name of the tenant responsible for 14 charges, address of the residential rental property that the 15 tenant is to occupy, and the date that the occupancy begins. 16 A change in tenant shall require a new written notice to be 17 given to the city utility or enterprise within thirty business 18 days of the change in tenant. When the tenant moves from the 19 rental property, the city utility or enterprise shall return 20 the deposit if the water service charges are paid in full. A 21 change in the ownership of the residential rental property 22 shall require written notice of such change to be given to the 23 city utility or enterprise within ten business days of the 24 completion of the change of ownership. The lien exemption for 25 rental property does not apply to charges for repairs to a 26 water service if the repair charges become delinquent. 27 Sec. 2. Section 384.84, subsection 4, Code Supplement 2011, 28 is amended by adding the following new paragraph: 29 NEW PARAGRAPH . e. Residential rental property where a 30 charge for any of the services of sewer systems, storm water 31 drainage systems, sewage treatment, solid waste collection, and 32 solid waste disposal is paid directly to the city utility or 33 enterprise by the tenant is exempt from a lien for delinquent 34 rates or charges associated with such services if the landlord 35 -1- LSB 5664YH (4) 84 aw/sc 1/ 3

H.F. 2141 gives written notice to the city utility or enterprise that the 1 property is residential rental property and that the tenant is 2 liable for the rates or charges. A city utility or enterprise 3 may require a deposit not exceeding the usual cost of ninety 4 days of the services of sewer systems, storm water drainage 5 systems, sewage treatment, solid waste collection, and solid 6 waste disposal to be paid to the utility or enterprise. Upon 7 receipt, the utility or enterprise shall acknowledge the notice 8 and deposit. A written notice shall contain the address of 9 the residential rental property that the tenant is to occupy 10 and the date that the occupancy begins. When the tenant moves 11 from the rental property, the city utility or enterprise shall 12 return the deposit if the charges for the services of sewer 13 systems, storm water drainage systems, sewage treatment, solid 14 waste collection, and solid waste disposal are paid in full. 15 A change in the ownership of the residential rental property 16 shall require written notice of such change to be given to the 17 city utility or enterprise within ten business days of the 18 completion of the change of ownership. The lien exemption for 19 rental property does not apply to charges for repairs related 20 to a service of sewer systems, storm water drainage systems, 21 sewage treatment, solid waste collection, and solid waste 22 disposal if the repair charges become delinquent. 23 EXPLANATION 24 The bill relates to city utilities and city enterprises by 25 making changes to requirements related to residential rental 26 property. 27 The bill removes a requirement for residential rental 28 property that written notice to a city utility or enterprise 29 include the name of the tenant responsible for charges for 30 water services when such charges are separately metered 31 and paid directly by the tenant. The bill also removes a 32 requirement that a new written notice be provided to the city 33 utility or enterprise within 30 days of a change in tenant for 34 such residential rental property. 35 -2- LSB 5664YH (4) 84 aw/sc 2/ 3

H.F. 2141 The bill provides that residential rental property is exempt 1 from a lien for delinquent rates or charges associated with 2 charges for sewer system, storm water drainage system, water 3 treatment, solid waste collection, and solid waste disposal 4 services if the landlord gives written notice to the city 5 utility or city enterprise that the property is residential 6 rental property and that the tenant is liable for the rates 7 or charges. The bill provides that a city utility or city 8 enterprise may require a deposit not exceeding the usual cost 9 of 90 days of provision of such services to be paid to the 10 city utility or city enterprise. The bill requires that the 11 city utility or city enterprise acknowledge the receipt of 12 such notice and deposit. The bill requires that a written 13 notice contain the address of the residential rental property 14 that the tenant is to occupy and the date that the occupancy 15 begins. The bill requires that the city utility or city 16 enterprise return the deposit paid if the charges for such 17 services are paid in full when the tenant moves from the rental 18 property. The bill requires that written notice be provided 19 to a city utility or city enterprise providing such services 20 within 10 business days when there is a change in ownership 21 of residential rental property. The bill further provides 22 that the lien exemption does not apply to charges for repairs 23 related to sewer systems, storm water drainage systems, water 24 treatment, solid waste collection, and solid waste disposal 25 services if the repair charges become delinquent. 26 -3- LSB 5664YH (4) 84 aw/sc 3/ 3