HF 493 (LSB 1178HV (1) 86)

HOUSE FILE 493

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 153)

A BILL FOR

An Act relating to the right of residents, owners, tenants, and landlords to summon emergency assistance and preempting related local ordinances, rules, and regulations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.304, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.  A county shall not adopt or enforce any ordinance or regulation in violation of chapter 562C.
    Sec. 2.  Section 364.3, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  A city shall not adopt or enforce any ordinance or regulation in violation of chapter 562C.
    Sec. 3.  NEW SECTION.  562C.1  Title —— purpose.
   1.  This chapter shall be known and may be cited as the “Right to Assistance Act”.
   2.  The purpose of this chapter is to ensure that an owner, lessee, or lessor of property in need of law enforcement assistance or other emergency assistance in the state of Iowa is not penalized for those authorities being contacted, and to provide a remedy for violations of this chapter.
    Sec. 4.  NEW SECTION.  562C.2  Definitions.

   For purposes of this chapter, unless the context otherwise requires:

   1.  “Commercial landlord” means a person who is the owner, lessor, or sublessor of a property on which a tenant operates or intends to operate a business.
   2.  “Commercial tenant” means a person who leases a property for the purpose of operating a business on the property.
   3.  “Landlord” means a commercial landlord or a residential landlord.
   4.  “Owner” means one or more persons, jointly or severally, in whom is vested either of the following:
   a.  All or part of the legal title to property.
   b.  All or part of the beneficial ownership and a right to present use and enjoyment of the property, and the term includes a mortgagee in possession.
   5.  “Rental agreement” means the same as defined in section 562A.6 or 562B.7, or an oral or written agreement embodying the terms and conditions concerning the use and occupancy of real estate used for commercial purposes, whichever is applicable.
   6.  “Resident” means a residential tenant, a member of such tenant’s family, and any other person residing at the premises with the consent of the residential tenant.
   7.  “Residential landlord” means the same as “landlord” in section 562A.6 or 562B.7, whichever is applicable.
   8.  “Residential tenant” means the same as “tenant” in section 562A.6 or 562B.7, whichever is applicable.
   9.  “Tenant” means a commercial tenant or residential tenant.
    Sec. 5.  NEW SECTION.  562C.3  Uniform application.

   To provide for the uniform application of the provisions of this chapter, it is intended that the sole regulation of the right of a resident, owner, tenant, or landlord to summon law enforcement assistance or other emergency assistance shall be under the provisions of this chapter, and a city, county, or other governmental entity within this state shall not adopt or make any local ordinance, rule, or regulation relating to the right of a resident, owner, tenant, or landlord to summon law enforcement assistance or other emergency assistance. All such local ordinances, rules, or regulations shall be void, unenforceable, and of no force or effect as of July 1, 2015.
    Sec. 6.  NEW SECTION.  562C.4  Prohibition of local penalties for emergency assistance contact.
   1.  An ordinance, rule, or regulation of a city, county, or other governmental entity shall not authorize imposition of a penalty against a resident, owner, tenant, or landlord for a contact made for law enforcement assistance or other emergency assistance by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency, if either of the following is established:
   a.  The person making the contact had a reasonable belief that the emergency assistance was necessary to prevent the perpetration or escalation of the abuse, crime, or emergency.
   b.  In the event of abuse, crime, or other emergency, the emergency assistance was actually needed.
   2.  Penalties prohibited by subsection 1 include the following:
   a.  The actual or threatened revocation, suspension, or nonrenewal of a rental certificate, license, or permit.
   b.  The actual or threatened assessment of penalties, fines, or fees.
   c.  The actual or threatened eviction, or causing the actual or threatened eviction, from the leased premises.
   3.  This section does not prohibit a city, county, or other governmental entity from enforcing any ordinance, rule, or regulation premised upon grounds other than a contact made for law enforcement assistance or other emergency assistance by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency.
    Sec. 7.  NEW SECTION.  562C.5  Prohibition of landlord penalties —— waiver of rights.
   1.  A landlord may not prohibit or limit a resident’s or tenant’s rights to summon law enforcement assistance or other emergency assistance by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency or may not impose monetary or other penalties on a resident or tenant who exercises that right.
   2.  Any waiver of the provisions of this section is contrary to public policy and is void, unenforceable, and of no force or effect.
   3.  This section shall not be construed to prohibit a landlord from recovering from a resident or tenant an amount equal to the costs incurred to repair property damage if the damage is caused by law enforcement or other emergency personnel summoned by the resident or tenant.
   4.  This section does not prohibit a landlord from terminating, evicting, or refusing to renew a tenancy or rental agreement when such action is premised upon grounds other than a contact made for law enforcement assistance or other emergency assistance by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency.
    Sec. 8.  NEW SECTION.  562C.6  Remedies.
   1.  In addition to other remedies provided by law, if a city, county, or other governmental entity violates the provisions of this chapter, a resident, owner, tenant, or landlord is entitled to recover from the city, county, or other governmental entity any of the following:
   a.  An order requiring the city, county, or other governmental entity to cease and desist the unlawful practice.
   b.  Other equitable relief, including reinstatement of a rental certificate, license, or permit, as the court may deem appropriate.
   c.  Actual damages.
   d.  Reasonable attorney fees the resident, owner, tenant, or landlord incurs in seeking enforcement of this chapter.
   e.  Court costs.
   2.  In addition to other remedies provided by law, if an owner or landlord violates the provisions of this chapter, a resident or tenant is entitled to recover from the owner or landlord any of the following:
   a.  A civil penalty in an amount equal to one month’s rent.
   b.  Actual damages.
   c.  Reasonable attorney fees the tenant or resident incurs in seeking enforcement of this chapter.
   d.  Court costs.
   e.  Injunctive relief.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill enacts new Code chapter 562C to prohibit a city, county, or other governmental entity from penalizing a resident, owner, tenant, or landlord for a contact made for law enforcement assistance or other emergency assistance by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency if the person who made the contact reasonably believed that emergency assistance was necessary to prevent the perpetration or escalation of the abuse, crime, or emergency, or if the intervention or emergency assistance was actually needed. The bill prohibits cities, counties, and other governmental entities from adopting any ordinances, rules, or regulations that relate to the right of a resident, owner, tenant, or landlord to summon law enforcement assistance or other emergency assistance, and provides that such ordinances, rules, or regulations are void, unenforceable, and of no force or effect as of July 1, 2015. If a city, county, or other governmental entity violates new Code chapter 562C, in addition to other remedies provided by law, a resident, owner, tenant, or landlord is entitled to recover a cease and desist order, other equitable relief, actual damages, attorney fees, or court costs.
   The bill also prohibits an owner or landlord from restricting a resident’s or tenant’s right to summon law enforcement assistance or other emergency assistance by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency, or impose monetary or other penalties on a person who exercises that right. If a tenant or resident waives this right, such waiver is void, unenforceable, and of no force or effect. If an owner or landlord violates new Code chapter 562C, in addition to other remedies provided by law, a resident or tenant is entitled to recover a civil penalty in an amount equal to one month’s rent, actual damages, attorney fees, court costs, or injunctive relief.