HF 499 (LSB 2366YH (5) 86)

HOUSE FILE 499

BY  BEARINGER and BERRY

A BILL FOR

An Act requiring registration for certain landlords.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  562C.1  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  “Landlord” means a person who owns, leases, or subleases a rental property.
   2.  “Rental agreement” means a written or oral agreement embodying the terms and conditions concerning the use and occupancy of a rental property.
   3.  “Rental property” means a building that, in whole or in part, is rented or leased to another person for use as a dwelling unit.
   4.  “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of another person.
    Sec. 2.  NEW SECTION.  562C.2  Certificate of registration.
   1.  Every landlord who owns, leases, or subleases more than five rental properties in this state shall, within thirty days following the effective date of this Act or at the time of the creation of the first tenancy in any newly constructed or reconstructed building, file with the secretary of state a certificate of registration on a form prescribed by the secretary of state, which shall contain the information described in subsection 2.
   2.  The application for certificate of registration shall include all of the following:
   a.  The address of each of the rental properties.
   b.  The name and address of the record owner or owners of each of the rental properties and the record owner or owners of the rental business if not the same persons. In the case of a partnership, the names of all general partners shall be provided.
   c.  If the record owner is a corporation, the name and address of the registered agent and corporate officers of the corporation.
   d.  If a rental property is in a county in which none of the record owners reside, the name and address of a person who resides in the county in which the rental property is located and is authorized to accept notices from a tenant and to accept service of process on behalf of the record owner.
   e.  The name and address of the managing agent of the rental properties, if any.
   f.  The name and address of the superintendent, janitor, custodian, or other individual employed by the record owner or managing agent to provide regular maintenance service, if any.
   g.  The name, address, and telephone number of an individual representative of the record owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting a rental property or any unit in the rental property, including an emergency such as the failure of an essential service or system, who has the authority to make emergency decisions concerning the rental property and any repairs and related expenditures to the rental property, and who shall at all times have access to a current list of the tenants of the rental property that shall be made available to emergency personnel if necessary in the event of an emergency.
   h.  A copy of a municipal rental certificate, permit, or license for each rental property, if required by the municipality, or a statement that no such certificate, permit, or license is required.
   i.  If the landlord is a business entity required to file organizational documents with the secretary of state or similar office in another state, a copy of the entity’s good standing certificate, and a copy of an Iowa certificate of authority, if applicable.
   j.  A representation that the landlord is current on all property tax and income tax related to the rental properties.
   3.  The certificate of registration required by this section shall be in addition to the rental certificate, permit, or license required by a municipality, if any.
   4.  The secretary of state shall collect a fee of ten dollars for a registration certificate delivered to the secretary of state’s office. The secretary of state shall review the certificate and, if the certificate is found to be in conformity with this section, validate the certificate and issue a validated copy to the landlord.
   5.  A landlord required to file a certificate of registration shall file an amended certificate of registration within twenty days after a change in the information required to be included. No fee shall be required for the filing of an amendment except where ownership of a rental property is changed.
    Sec. 3.  NEW SECTION.  562C.3  Provision of copy of certificate of registration to tenant.

   Within thirty days following the effective date of this Act and at the time of the creation of a new tenancy, every landlord shall provide each occupant or tenant in a rental property a copy of the certificate of registration required by section 562C.2. If an amended certificate is filed, the landlord shall furnish each occupant or tenant with a copy of the amended certificate within seven days after the amended certificate is filed with the secretary of state.
    Sec. 4.  NEW SECTION.  562C.4  Action for possession or rent by landlord.

   In an action to recover possession instituted by a landlord under chapters 562A and 648 or for the nonpayment of rent, if the landlord has failed to comply with the provisions of this chapter, no judgment for possession or rent shall be entered until there has been compliance. The court shall continue such case for up to ninety days and if there has not been compliance within such period, the action shall be dismissed.
    Sec. 5.  NEW SECTION.  562C.5  Penalty for violation —— recovery to municipalities.
   1.  A landlord who violates any provision of this chapter commits a municipal infraction and shall be liable for a penalty of not more than five hundred dollars for each offense. A district court in the county in which a rental property is located shall have jurisdiction to enforce the penalty.
   2.  The attorney general, the city or the county if the property is located in the unincorporated area in which a rental property is located, or any other person may institute the proceeding.
   3.  A recovered penalty shall be remitted by the court to the city or county in which the rental properties subject to the proceeding are located. If the rental properties are in more than one city or county, the penalty shall be divided between the cities and counties on a pro rata basis on the number of properties in each city or county.
    Sec. 6.  NEW SECTION.  562C.6  Prohibition of waiver of rights.

   Any written or oral provision in an agreement whereby a tenant waives any rights under this chapter shall be deemed against public policy and unenforceable.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires that certain landlords register with the state.
   The bill requires landlords who own, lease, or sublease more than five rental properties in this state to register with the state of Iowa. The bill defines “rental property” as a building which, in whole or in part, is rented or leased to another person for use as a dwelling unit.
   The bill provides that the application for certificate of registration shall be filed with the secretary of state. The application includes information relating to the ownership of the property, contact information for a person who can make decisions and provide information to emergency personnel in case of an emergency, copies of any local rental certificate, permit, or license, copies of a certificate of good standing or certificate of authority for landlords that are business entities, and a representation that all related property taxes and income taxes are current.
   If a landlord has not been issued a certificate of registration, the landlord cannot receive a judgment for possession or rent against a tenant until there has been compliance. The court shall continue the case for up to 90 days and if there has not been compliance within such period, the action shall be dismissed.
   A landlord who violates the provisions of new Code chapter 562C shall be liable for a penalty of not more than $500 for each offense. The attorney general, the city or county in which a rental property is located, or any other person may institute a proceeding related to failure to comply with the new Code chapter. Recovered penalties are remitted to the city or county where the rental property is located.
   The bill provides that any written or oral provision in an agreement where a tenant waives any rights under new Code chapter 562C is unenforceable as against public policy.