Senate Study Bill 1093 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON FRAISE) A BILL FOR An Act authorizing a landlord to bifurcate or amend certain 1 residential leases. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1964SC (4) 84 md/sc

S.F. _____ Section 1. Section 562A.27A, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. a. Notwithstanding section 562A.27 3 or 648.3, and in lieu of the remedy under subsection 1, if a 4 tenant or other lawful occupant of a dwelling unit has created 5 or maintained a threat constituting a clear and present danger 6 to the health or safety of other tenants, the landlord, the 7 landlord’s employee or agent, or other persons on or within 8 one thousand feet of the landlord’s property, the landlord, 9 after the service on the tenant of a single three days’ written 10 notice of termination and notice to quit stating the specific 11 activity causing the clear and present danger, and setting 12 forth the language of subsection 3 which includes certain 13 exemption provisions available to the tenant, may do any of the 14 following: 15 (1) Bifurcate or otherwise divide the rental agreement and 16 file suit against the tenant who has created or maintained the 17 threat constituting a clear and present danger for recovery of 18 possession and termination of the tenant’s rights of occupancy 19 to the dwelling unit. The petition shall state the incident or 20 incidents giving rise to the notice of termination and notice 21 to quit. The tenant shall be given the opportunity to contest 22 the termination in the court proceedings by notice thereof at 23 least three days prior to the hearing. 24 (2) Amend the rental agreement to terminate the occupancy 25 rights of the lawful occupant who has created or maintained the 26 threat constituting a clear and present danger. 27 b. Nothing in this subsection shall be construed to 28 authorize a landlord to terminate or otherwise impair the 29 occupancy rights of a tenant or other lawful occupant who has 30 not created or maintained a threat constituting clear and 31 present danger. 32 EXPLANATION 33 This bill provides that if a tenant or other lawful 34 occupant of a dwelling unit has created or maintained a threat 35 -1- LSB 1964SC (4) 84 md/sc 1/ 2

S.F. _____ constituting a clear and present danger to the health or safety 1 of specified persons, the landlord, upon meeting certain notice 2 requirements, may either bifurcate or otherwise divide the 3 rental agreement and file suit against the tenant who has 4 created or maintained the threat constituting a clear and 5 present danger for recovery of possession and termination of 6 the tenant’s rights of occupancy or amend the rental agreement 7 to terminate the occupancy rights of the lawful occupant who 8 has created or maintained the threat constituting a clear and 9 present danger. 10 In the case of a landlord filing suit against a tenant under 11 the bill, the petition shall state the incident or incidents 12 giving rise to the notice of termination and notice to quit 13 and the tenant must be given the opportunity to contest the 14 termination in the court proceedings by notice thereof at least 15 three days prior to the hearing. 16 The bill also provides that nothing in the bill shall 17 be construed to authorize a landlord to terminate or 18 otherwise impair the occupancy rights of a tenant or other 19 lawful occupant who has not created or maintained a threat 20 constituting clear and present danger. 21 -2- LSB 1964SC (4) 84 md/sc 2/ 2