H.F. 499 Section 1. NEW SECTION . 562C.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Landlord” means a person who owns, leases, or subleases 4 a rental property. 5 2. “Rental agreement” means a written or oral agreement 6 embodying the terms and conditions concerning the use and 7 occupancy of a rental property. 8 3. “Rental property” means a building that, in whole or 9 in part, is rented or leased to another person for use as a 10 dwelling unit. 11 4. “Tenant” means a person entitled under a rental agreement 12 to occupy a dwelling unit to the exclusion of another person. 13 Sec. 2. NEW SECTION . 562C.2 Certificate of registration. 14 1. Every landlord who owns, leases, or subleases more 15 than five rental properties in this state shall, within 16 thirty days following the effective date of this Act or at 17 the time of the creation of the first tenancy in any newly 18 constructed or reconstructed building, file with the secretary 19 of state a certificate of registration on a form prescribed by 20 the secretary of state, which shall contain the information 21 described in subsection 2. 22 2. The application for certificate of registration shall 23 include all of the following: 24 a. The address of each of the rental properties. 25 b. The name and address of the record owner or owners of 26 each of the rental properties and the record owner or owners 27 of the rental business if not the same persons. In the case 28 of a partnership, the names of all general partners shall be 29 provided. 30 c. If the record owner is a corporation, the name and 31 address of the registered agent and corporate officers of the 32 corporation. 33 d. If a rental property is in a county in which none of 34 the record owners reside, the name and address of a person who 35 -1- LSB 2366YH (5) 86 jh/sc 1/ 5

H.F. 499 resides in the county in which the rental property is located 1 and is authorized to accept notices from a tenant and to accept 2 service of process on behalf of the record owner. 3 e. The name and address of the managing agent of the rental 4 properties, if any. 5 f. The name and address of the superintendent, janitor, 6 custodian, or other individual employed by the record owner or 7 managing agent to provide regular maintenance service, if any. 8 g. The name, address, and telephone number of an individual 9 representative of the record owner or managing agent who may be 10 reached or contacted at any time in the event of an emergency 11 affecting a rental property or any unit in the rental property, 12 including an emergency such as the failure of an essential 13 service or system, who has the authority to make emergency 14 decisions concerning the rental property and any repairs and 15 related expenditures to the rental property, and who shall 16 at all times have access to a current list of the tenants of 17 the rental property that shall be made available to emergency 18 personnel if necessary in the event of an emergency. 19 h. A copy of a municipal rental certificate, permit, 20 or license for each rental property, if required by the 21 municipality, or a statement that no such certificate, permit, 22 or license is required. 23 i. If the landlord is a business entity required to file 24 organizational documents with the secretary of state or similar 25 office in another state, a copy of the entity’s good standing 26 certificate, and a copy of an Iowa certificate of authority, 27 if applicable. 28 j. A representation that the landlord is current on all 29 property tax and income tax related to the rental properties. 30 3. The certificate of registration required by this section 31 shall be in addition to the rental certificate, permit, or 32 license required by a municipality, if any. 33 4. The secretary of state shall collect a fee of ten 34 dollars for a registration certificate delivered to the 35 -2- LSB 2366YH (5) 86 jh/sc 2/ 5

H.F. 499 secretary of state’s office. The secretary of state shall 1 review the certificate and, if the certificate is found to be 2 in conformity with this section, validate the certificate and 3 issue a validated copy to the landlord. 4 5. A landlord required to file a certificate of registration 5 shall file an amended certificate of registration within twenty 6 days after a change in the information required to be included. 7 No fee shall be required for the filing of an amendment except 8 where ownership of a rental property is changed. 9 Sec. 3. NEW SECTION . 562C.3 Provision of copy of 10 certificate of registration to tenant. 11 Within thirty days following the effective date of this 12 Act and at the time of the creation of a new tenancy, every 13 landlord shall provide each occupant or tenant in a rental 14 property a copy of the certificate of registration required 15 by section 562C.2. If an amended certificate is filed, the 16 landlord shall furnish each occupant or tenant with a copy of 17 the amended certificate within seven days after the amended 18 certificate is filed with the secretary of state. 19 Sec. 4. NEW SECTION . 562C.4 Action for possession or rent 20 by landlord. 21 In an action to recover possession instituted by a landlord 22 under chapters 562A and 648 or for the nonpayment of rent, if 23 the landlord has failed to comply with the provisions of this 24 chapter, no judgment for possession or rent shall be entered 25 until there has been compliance. The court shall continue such 26 case for up to ninety days and if there has not been compliance 27 within such period, the action shall be dismissed. 28 Sec. 5. NEW SECTION . 562C.5 Penalty for violation —— 29 recovery to municipalities. 30 1. A landlord who violates any provision of this chapter 31 commits a municipal infraction and shall be liable for a 32 penalty of not more than five hundred dollars for each offense. 33 A district court in the county in which a rental property is 34 located shall have jurisdiction to enforce the penalty. 35 -3- LSB 2366YH (5) 86 jh/sc 3/ 5

H.F. 499 2. The attorney general, the city or the county if the 1 property is located in the unincorporated area in which a 2 rental property is located, or any other person may institute 3 the proceeding. 4 3. A recovered penalty shall be remitted by the court to the 5 city or county in which the rental properties subject to the 6 proceeding are located. If the rental properties are in more 7 than one city or county, the penalty shall be divided between 8 the cities and counties on a pro rata basis on the number of 9 properties in each city or county. 10 Sec. 6. NEW SECTION . 562C.6 Prohibition of waiver of 11 rights. 12 Any written or oral provision in an agreement whereby a 13 tenant waives any rights under this chapter shall be deemed 14 against public policy and unenforceable. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill requires that certain landlords register with the 19 state. 20 The bill requires landlords who own, lease, or sublease more 21 than five rental properties in this state to register with 22 the state of Iowa. The bill defines “rental property” as a 23 building which, in whole or in part, is rented or leased to 24 another person for use as a dwelling unit. 25 The bill provides that the application for certificate of 26 registration shall be filed with the secretary of state. The 27 application includes information relating to the ownership of 28 the property, contact information for a person who can make 29 decisions and provide information to emergency personnel in 30 case of an emergency, copies of any local rental certificate, 31 permit, or license, copies of a certificate of good standing 32 or certificate of authority for landlords that are business 33 entities, and a representation that all related property taxes 34 and income taxes are current. 35 -4- LSB 2366YH (5) 86 jh/sc 4/ 5

H.F. 499 If a landlord has not been issued a certificate of 1 registration, the landlord cannot receive a judgment for 2 possession or rent against a tenant until there has been 3 compliance. The court shall continue the case for up to 90 4 days and if there has not been compliance within such period, 5 the action shall be dismissed. 6 A landlord who violates the provisions of new Code chapter 7 562C shall be liable for a penalty of not more than $500 for 8 each offense. The attorney general, the city or county in 9 which a rental property is located, or any other person may 10 institute a proceeding related to failure to comply with the 11 new Code chapter. Recovered penalties are remitted to the city 12 or county where the rental property is located. 13 The bill provides that any written or oral provision in 14 an agreement where a tenant waives any rights under new Code 15 chapter 562C is unenforceable as against public policy. 16 -5- LSB 2366YH (5) 86 jh/sc 5/ 5