H.F. 493 Section 1. Section 331.304, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 12. A county shall not adopt or enforce any 3 ordinance or regulation in violation of chapter 562C. 4 Sec. 2. Section 364.3, Code 2015, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 11. A city shall not adopt or enforce any 7 ordinance or regulation in violation of chapter 562C. 8 Sec. 3. NEW SECTION . 562C.1 Title —— purpose. 9 1. This chapter shall be known and may be cited as the 10 “Right to Assistance Act” . 11 2. The purpose of this chapter is to ensure that an owner, 12 lessee, or lessor of property in need of law enforcement 13 assistance or other emergency assistance in the state of Iowa 14 is not penalized for those authorities being contacted, and to 15 provide a remedy for violations of this chapter. 16 Sec. 4. NEW SECTION . 562C.2 Definitions. 17 For purposes of this chapter, unless the context otherwise 18 requires: 19 1. “Commercial landlord” means a person who is the owner, 20 lessor, or sublessor of a property on which a tenant operates 21 or intends to operate a business. 22 2. “Commercial tenant” means a person who leases a property 23 for the purpose of operating a business on the property. 24 3. “Landlord” means a commercial landlord or a residential 25 landlord. 26 4. “Owner” means one or more persons, jointly or severally, 27 in whom is vested either of the following: 28 a. All or part of the legal title to property. 29 b. All or part of the beneficial ownership and a right 30 to present use and enjoyment of the property, and the term 31 includes a mortgagee in possession. 32 5. “Rental agreement” means the same as defined in section 33 562A.6 or 562B.7, or an oral or written agreement embodying the 34 terms and conditions concerning the use and occupancy of real 35 -1- LSB 1178HV (1) 86 jh/sc 1/ 5

H.F. 493 estate used for commercial purposes, whichever is applicable. 1 6. “Resident” means a residential tenant, a member of such 2 tenant’s family, and any other person residing at the premises 3 with the consent of the residential tenant. 4 7. “Residential landlord” means the same as “landlord” in 5 section 562A.6 or 562B.7, whichever is applicable. 6 8. “Residential tenant” means the same as “tenant” in 7 section 562A.6 or 562B.7, whichever is applicable. 8 9. “Tenant” means a commercial tenant or residential tenant. 9 Sec. 5. NEW SECTION . 562C.3 Uniform application. 10 To provide for the uniform application of the provisions of 11 this chapter, it is intended that the sole regulation of the 12 right of a resident, owner, tenant, or landlord to summon law 13 enforcement assistance or other emergency assistance shall be 14 under the provisions of this chapter, and a city, county, or 15 other governmental entity within this state shall not adopt 16 or make any local ordinance, rule, or regulation relating to 17 the right of a resident, owner, tenant, or landlord to summon 18 law enforcement assistance or other emergency assistance. All 19 such local ordinances, rules, or regulations shall be void, 20 unenforceable, and of no force or effect as of July 1, 2015. 21 Sec. 6. NEW SECTION . 562C.4 Prohibition of local penalties 22 for emergency assistance contact. 23 1. An ordinance, rule, or regulation of a city, county, or 24 other governmental entity shall not authorize imposition of a 25 penalty against a resident, owner, tenant, or landlord for a 26 contact made for law enforcement assistance or other emergency 27 assistance by or on behalf of a victim of abuse, a victim of 28 a crime, or an individual in an emergency, if either of the 29 following is established: 30 a. The person making the contact had a reasonable belief 31 that the emergency assistance was necessary to prevent the 32 perpetration or escalation of the abuse, crime, or emergency. 33 b. In the event of abuse, crime, or other emergency, the 34 emergency assistance was actually needed. 35 -2- LSB 1178HV (1) 86 jh/sc 2/ 5

H.F. 493 2. Penalties prohibited by subsection 1 include the 1 following: 2 a. The actual or threatened revocation, suspension, or 3 nonrenewal of a rental certificate, license, or permit. 4 b. The actual or threatened assessment of penalties, fines, 5 or fees. 6 c. The actual or threatened eviction, or causing the actual 7 or threatened eviction, from the leased premises. 8 3. This section does not prohibit a city, county, or other 9 governmental entity from enforcing any ordinance, rule, or 10 regulation premised upon grounds other than a contact made for 11 law enforcement assistance or other emergency assistance by 12 or on behalf of a victim of abuse, a victim of a crime, or an 13 individual in an emergency. 14 Sec. 7. NEW SECTION . 562C.5 Prohibition of landlord 15 penalties —— waiver of rights. 16 1. A landlord may not prohibit or limit a resident’s or 17 tenant’s rights to summon law enforcement assistance or other 18 emergency assistance by or on behalf of a victim of abuse, a 19 victim of a crime, or an individual in an emergency or may not 20 impose monetary or other penalties on a resident or tenant who 21 exercises that right. 22 2. Any waiver of the provisions of this section is contrary 23 to public policy and is void, unenforceable, and of no force 24 or effect. 25 3. This section shall not be construed to prohibit a 26 landlord from recovering from a resident or tenant an amount 27 equal to the costs incurred to repair property damage if 28 the damage is caused by law enforcement or other emergency 29 personnel summoned by the resident or tenant. 30 4. This section does not prohibit a landlord from 31 terminating, evicting, or refusing to renew a tenancy or rental 32 agreement when such action is premised upon grounds other 33 than a contact made for law enforcement assistance or other 34 emergency assistance by or on behalf of a victim of abuse, a 35 -3- LSB 1178HV (1) 86 jh/sc 3/ 5

H.F. 493 victim of a crime, or an individual in an emergency. 1 Sec. 8. NEW SECTION . 562C.6 Remedies. 2 1. In addition to other remedies provided by law, if 3 a city, county, or other governmental entity violates the 4 provisions of this chapter, a resident, owner, tenant, or 5 landlord is entitled to recover from the city, county, or other 6 governmental entity any of the following: 7 a. An order requiring the city, county, or other 8 governmental entity to cease and desist the unlawful practice. 9 b. Other equitable relief, including reinstatement of a 10 rental certificate, license, or permit, as the court may deem 11 appropriate. 12 c. Actual damages. 13 d. Reasonable attorney fees the resident, owner, tenant, or 14 landlord incurs in seeking enforcement of this chapter. 15 e. Court costs. 16 2. In addition to other remedies provided by law, if an 17 owner or landlord violates the provisions of this chapter, a 18 resident or tenant is entitled to recover from the owner or 19 landlord any of the following: 20 a. A civil penalty in an amount equal to one month’s rent. 21 b. Actual damages. 22 c. Reasonable attorney fees the tenant or resident incurs in 23 seeking enforcement of this chapter. 24 d. Court costs. 25 e. Injunctive relief. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill enacts new Code chapter 562C to prohibit a 30 city, county, or other governmental entity from penalizing a 31 resident, owner, tenant, or landlord for a contact made for 32 law enforcement assistance or other emergency assistance by 33 or on behalf of a victim of abuse, a victim of a crime, or an 34 individual in an emergency if the person who made the contact 35 -4- LSB 1178HV (1) 86 jh/sc 4/ 5

H.F. 493 reasonably believed that emergency assistance was necessary to 1 prevent the perpetration or escalation of the abuse, crime, 2 or emergency, or if the intervention or emergency assistance 3 was actually needed. The bill prohibits cities, counties, 4 and other governmental entities from adopting any ordinances, 5 rules, or regulations that relate to the right of a resident, 6 owner, tenant, or landlord to summon law enforcement assistance 7 or other emergency assistance, and provides that such 8 ordinances, rules, or regulations are void, unenforceable, and 9 of no force or effect as of July 1, 2015. If a city, county, or 10 other governmental entity violates new Code chapter 562C, in 11 addition to other remedies provided by law, a resident, owner, 12 tenant, or landlord is entitled to recover a cease and desist 13 order, other equitable relief, actual damages, attorney fees, 14 or court costs. 15 The bill also prohibits an owner or landlord from 16 restricting a resident’s or tenant’s right to summon law 17 enforcement assistance or other emergency assistance by 18 or on behalf of a victim of abuse, a victim of a crime, or 19 an individual in an emergency, or impose monetary or other 20 penalties on a person who exercises that right. If a tenant or 21 resident waives this right, such waiver is void, unenforceable, 22 and of no force or effect. If an owner or landlord violates 23 new Code chapter 562C, in addition to other remedies provided 24 by law, a resident or tenant is entitled to recover a civil 25 penalty in an amount equal to one month’s rent, actual damages, 26 attorney fees, court costs, or injunctive relief. 27 -5- LSB 1178HV (1) 86 jh/sc 5/ 5