House File 2153 - Introduced HOUSE FILE 2153 BY ISENHART , KELLEY , and WESSEL-KROESCHELL A BILL FOR An Act relating to energy cost disclosures in connection with 1 rental units or properties, providing penalties, making 2 remedies applicable, and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5068YH (5) 84 rn/sc
H.F. 2153 Section 1. Section 476.56, Code 2011, is amended to read as 1 follows: 2 476.56 Energy costs provided. 3 A gas or electric public utility shall provide, upon the 4 request of a person who states in writing that the person is an 5 owner of real property , or an interested prospective purchaser 6 or renter of the property, which is or has been receiving gas 7 or electric service from the public utility, the annual gas or 8 electric energy costs for the property. 9 Sec. 2. NEW SECTION . 476.56A Energy cost disclosure 10 statements —— rental property. 11 1. As used in this section, “dwelling unit” , “landlord” , 12 “rental agreement” , “rental deposit” , and “tenant” mean the same 13 as defined in section 562A.6. In addition, “landlord” shall 14 include any person authorized to enter into a rental agreement 15 on the landlord’s behalf. 16 2. A prospective tenant who would be responsible for the 17 payment of gas or electric energy costs with respect to the 18 lease or rental of residential real property, or an existing 19 tenant currently responsible for the payment of such costs, 20 has the right to obtain the amount of energy consumption and 21 the cost of that consumption for the dwelling unit for the 22 preceding twelve-month period from the landlord based upon 23 information supplied at no charge from the public utility 24 furnishing gas or electric service. The amount of energy 25 consumption and the cost of that consumption shall be provided 26 on a disclosure statement developed pursuant to subsection 3 27 and furnished by the landlord either to a prospective tenant 28 expressing interest in entering into a rental agreement, 29 or upon request by an existing tenant subject to such an 30 agreement. 31 3. The office of the consumer advocate shall develop an 32 energy cost disclosure form for utilization by landlords 33 in complying with this section. The form shall contain 34 space for the disclosure of the annual amount of energy 35 -1- LSB 5068YH (5) 84 rn/sc 1/ 5
H.F. 2153 consumption and the cost of that consumption, and shall also 1 include a representative list of energy efficiency standards 2 incorporating features or upgrades which a dwelling unit or 3 the building of which it is a part might conceivably exhibit 4 or offer. The list of energy efficiency standards shall 5 be developed by the office of the consumer advocate, in 6 consultation with state and federal energy efficiency agencies 7 and experts, and shall be accompanied by a space for notation 8 by the landlord indicating whether or not the unit or building 9 meets or exceeds each standard. The office of the consumer 10 advocate and local housing authorities responsible for the 11 issuance of residential rental property permits shall post and 12 maintain the recommended standards required by this section, 13 and detailed information on how to comply with the standards, 14 on an internet site maintained by the office and an internet 15 site maintained by or on behalf of the local housing authority. 16 4. Before a prospective tenant enters into a rental 17 agreement or pays a rental deposit with respect to a dwelling 18 unit, the landlord shall obtain the prospective tenant’s 19 signature on the disclosure statement, and sign the statement. 20 The statement shall be retained by the landlord for a minimum 21 of three years. 22 5. The board, in consultation with the office of the 23 consumer advocate, shall adopt rules to administer this 24 section. 25 6. In addition to any other remedy available pursuant 26 to chapter 562A, upon receipt of a complaint filed by a 27 prospective tenant or tenant that the provisions of this 28 section are not being complied with, a local entity with 29 regulatory authority shall suspend the rental license for any 30 unit for which an energy disclosure statement is not provided 31 upon expiration of a seven-day period following notification 32 to the landlord of the complaint. In this event the tenant 33 shall be entitled to a return of all prepaid rent and security. 34 A processing fee may be assessed by the local authority for 35 -2- LSB 5068YH (5) 84 rn/sc 2/ 5
H.F. 2153 reinstated licenses. 1 Sec. 3. Section 562A.13, Code 2011, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 4A. The landlord or any person authorized 4 to enter into a rental agreement on the landlord’s behalf shall 5 comply with the provisions of section 476.56A with regard to 6 energy cost disclosure forms for utility rates, charges, and 7 services to be paid by the tenant directly to the utility 8 company. 9 Sec. 4. APPLICABILITY. This Act applies to rental 10 agreements entered into on or after January 1, 2013. 11 EXPLANATION 12 This bill relates to the disclosure of energy costs to 13 tenants and prospective tenants of residential dwelling units. 14 The bill modifies provisions of existing Code section 15 465.56, relating to the provision of energy costs upon request 16 by a gas or electric utility with regard to the purchase or 17 rental of real property, to provide that the Code section 18 refers to ownership or prospective ownership of real property, 19 not the rental or prospective rental thereof. 20 The bill establishes a new Code section 476.56A relating 21 to the provision of energy cost disclosure statements in 22 connection with rental property. The bill provides that a 23 prospective tenant who would be responsible for the payment 24 of gas or electric energy costs with respect to the lease or 25 rental of residential real property, or an existing tenant 26 currently responsible for the payment of such costs, has the 27 right to obtain the amount of energy consumption and the cost 28 of that consumption for the dwelling unit for the preceding 29 12-month period from the landlord based upon information 30 supplied at no charge from the public utility furnishing gas or 31 electric service. 32 The bill provides that the energy cost information will 33 be provided on a disclosure statement furnished by the 34 landlord utilizing a form developed by the office of consumer 35 -3- LSB 5068YH (5) 84 rn/sc 3/ 5
H.F. 2153 advocate. The bill specifies that the form shall contain 1 space for the disclosure of the annual amount of energy 2 consumption and the cost of that consumption, and shall also 3 include a representative list of energy efficiency standards 4 incorporating features or upgrades which a dwelling unit or 5 the building of which it is a part might conceivably exhibit 6 or offer. The office is directed to develop the list of energy 7 efficiency standards in consultation with state and federal 8 energy efficiency agencies and experts. The list shall be 9 accompanied by a space for notation by the landlord indicating 10 whether or not the unit or building meets or exceeds each 11 standard. The bill provides that the office of the consumer 12 advocate and local housing authorities responsible for the 13 issuance of residential rental property permits shall post and 14 maintain the recommended standards, and detailed information on 15 how to comply with them, on an internet site maintained by the 16 office and the local housing authority. 17 The bill provides that prior to a prospective tenant 18 entering into a rental agreement or paying a rental deposit 19 with respect to a dwelling unit, the landlord shall obtain the 20 prospective tenant’s signature on the disclosure statement, and 21 sign the statement. The landlord is required to retain the 22 statement for a minimum of three years. 23 The bill directs the Iowa utilities board, in consultation 24 with the office of the consumer advocate, to adopt rules 25 to administer the bill’s provisions. The bill states that 26 in addition to any other remedy available pursuant to Code 27 chapter 562A (Uniform Residential Landlord and Tenant Act), 28 upon receipt of a complaint filed by a prospective or existing 29 tenant that the bill’s provisions are not being complied with, 30 a local housing authority shall suspend the rental license 31 for any unit for which an energy disclosure statement is not 32 provided upon expiration of a seven-day period following 33 notification to the landlord of the complaint. In this event, 34 the bill states that a tenant shall be entitled to the return 35 -4- LSB 5068YH (5) 84 rn/sc 4/ 5
H.F. 2153 of all prepaid rent and any security deposit. A processing fee 1 may be assessed by the local authority for reinstated licenses. 2 The bill amends Code section 562A.13, regarding required 3 landlord disclosures to tenants, to require that a landlord 4 or any person authorized to enter into a rental agreement on 5 the landlord’s behalf complies with the bill’s provisions with 6 regard to energy cost disclosure forms for utility rates, 7 charges, and services to be paid by a tenant directly to a 8 utility company. 9 The bill references existing definitions of “dwelling unit”, 10 “landlord”, “rental agreement”, “rental deposit”, and “tenant” 11 as meaning the same as defined in Code section 562A.6, and adds 12 that “landlord” shall include any person authorized to enter 13 into a rental agreement on the landlord’s behalf. 14 The bill’s provisions are applicable to rental agreements 15 entered into on or after January 1, 2013. 16 -5- LSB 5068YH (5) 84 rn/sc 5/ 5