Senate
File
2220
-
Introduced
SENATE
FILE
2220
BY
HOGG
A
BILL
FOR
An
Act
relating
to
the
right
of
a
tenant
or
resident
to
summon
1
emergency
assistance.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
331.304,
Code
2016,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
11.
A
county
shall
not
adopt
or
enforce
3
any
ordinance
or
regulation
in
violation
of
section
562A.27B
4
or
562B.25B.
5
Sec.
2.
Section
364.3,
Code
2016,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
11.
A
city
shall
not
adopt
or
enforce
any
8
ordinance
or
regulation
in
violation
of
section
562A.27B
or
9
562B.25B.
10
Sec.
3.
NEW
SECTION
.
562A.27B
Right
to
summon
emergency
11
assistance
——
waiver
of
rights.
12
1.
a.
A
landlord
shall
not
prohibit
or
limit
a
resident’s
13
or
tenant’s
rights
to
summon
law
enforcement
assistance
or
14
other
emergency
assistance
by
or
on
behalf
of
a
victim
of
15
abuse,
a
victim
of
a
crime,
or
an
individual
in
an
emergency.
16
b.
A
landlord
shall
not
impose
monetary
or
other
penalties
17
on
a
resident
or
tenant
who
exercises
the
resident’s
or
18
tenant’s
right
to
summon
law
enforcement
assistance
or
other
19
emergency
assistance.
20
c.
Any
waiver
of
the
provisions
of
this
subsection
is
21
contrary
to
public
policy
and
is
void,
unenforceable,
and
of
22
no
force
or
effect.
23
d.
This
subsection
shall
not
be
construed
to
prohibit
a
24
landlord
from
recovering
from
a
resident
or
tenant
an
amount
25
equal
to
the
costs
incurred
to
repair
property
damage
if
26
the
damage
is
caused
by
law
enforcement
or
other
emergency
27
personnel
summoned
by
the
resident
or
tenant.
28
e.
This
section
does
not
prohibit
a
landlord
from
29
terminating,
evicting,
or
refusing
to
renew
a
tenancy
or
rental
30
agreement
when
such
action
is
premised
upon
grounds
other
than
31
the
resident’s
or
tenant’s
exercise
of
the
right
to
summon
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.
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2.
a.
An
ordinance,
rule,
or
regulation
of
a
city,
county,
1
or
other
governmental
entity
shall
not
authorize
imposition
2
of
a
penalty
against
a
resident,
owner,
tenant,
or
landlord
3
because
the
resident,
owner,
tenant,
or
landlord
was
a
victim
4
of
abuse
or
crime.
5
b.
An
ordinance,
rule,
or
regulation
of
a
city,
county,
or
6
other
governmental
entity
shall
not
authorize
imposition
of
a
7
penalty
against
a
resident,
owner,
tenant,
or
landlord
because
8
the
resident,
owner,
tenant,
or
landlord
sought
law
enforcement
9
assistance
or
other
emergency
assistance
for
a
victim
of
abuse,
10
a
victim
of
a
crime,
or
an
individual
in
an
emergency,
if
11
either
of
the
following
is
established:
12
(1)
The
resident,
owner,
tenant,
or
landlord
seeking
13
assistance
had
a
reasonable
belief
that
the
emergency
14
assistance
was
necessary
to
prevent
the
perpetration
or
15
escalation
of
the
abuse,
crime,
or
emergency.
16
(2)
In
the
event
of
abuse,
crime,
or
other
emergency,
the
17
emergency
assistance
was
actually
needed.
18
c.
This
subsection
does
not
prohibit
a
city,
county,
or
19
other
governmental
entity
from
enforcing
any
ordinance,
rule,
20
or
regulation
premised
upon
grounds
other
than
a
request
for
21
law
enforcement
assistance
or
other
emergency
assistance
by
22
a
resident,
owner,
tenant,
or
landlord,
or
the
fact
that
the
23
resident,
owner,
tenant,
or
landlord
was
a
victim
of
crime
or
24
abuse.
25
3.
For
purposes
of
this
section,
“resident”
means
a
member
26
of
a
tenant’s
family
and
any
other
person
occupying
the
27
dwelling
unit
with
the
consent
of
the
tenant.
28
Sec.
4.
NEW
SECTION
.
562B.25B
Right
to
summon
emergency
29
assistance
——
waiver
of
rights.
30
1.
a.
A
landlord
shall
not
prohibit
or
limit
a
resident’s
31
or
tenant’s
rights
to
summon
law
enforcement
assistance
or
32
other
emergency
assistance
by
or
on
behalf
of
a
victim
of
33
abuse,
a
victim
of
a
crime,
or
an
individual
in
an
emergency.
34
b.
A
landlord
shall
not
impose
monetary
or
other
penalties
35
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on
a
resident
or
tenant
who
exercises
the
resident’s
or
1
tenant’s
right
to
summon
law
enforcement
assistance
or
other
2
emergency
assistance.
3
c.
Any
waiver
of
the
provisions
of
this
subsection
is
4
contrary
to
public
policy
and
is
void,
unenforceable,
and
of
5
no
force
or
effect.
6
d.
This
subsection
shall
not
be
construed
to
prohibit
a
7
landlord
from
recovering
from
a
resident
or
tenant
an
amount
8
equal
to
the
costs
incurred
to
repair
property
damage
if
9
the
damage
is
caused
by
law
enforcement
or
other
emergency
10
personnel
summoned
by
the
resident
or
tenant.
11
e.
This
section
does
not
prohibit
a
landlord
from
12
terminating,
evicting,
or
refusing
to
renew
a
tenancy
or
rental
13
agreement
when
such
action
is
premised
upon
grounds
other
than
14
the
resident’s
or
tenant’s
exercise
of
the
right
to
summon
15
law
enforcement
assistance
or
other
emergency
assistance
by
16
or
on
behalf
of
a
victim
of
abuse,
a
victim
of
a
crime,
or
an
17
individual
in
an
emergency.
18
2.
a.
An
ordinance,
rule,
or
regulation
of
a
city,
county,
19
or
other
governmental
entity
shall
not
authorize
imposition
20
of
a
penalty
against
a
resident,
owner,
tenant,
or
landlord
21
because
the
resident,
owner,
tenant,
or
landlord
was
a
victim
22
of
abuse
or
crime.
23
b.
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
because
26
the
resident,
owner,
tenant,
or
landlord
sought
law
enforcement
27
assistance
or
other
emergency
assistance
for
a
victim
of
abuse,
28
a
victim
of
a
crime,
or
an
individual
in
an
emergency,
if
29
either
of
the
following
is
established:
30
(1)
The
resident,
owner,
tenant,
or
landlord
seeking
31
assistance
had
a
reasonable
belief
that
the
emergency
32
assistance
was
necessary
to
prevent
the
perpetration
or
33
escalation
of
the
abuse,
crime,
or
emergency.
34
(2)
In
the
event
of
abuse,
crime,
or
other
emergency,
the
35
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emergency
assistance
was
actually
needed.
1
c.
This
subsection
does
not
prohibit
a
city,
county,
or
2
other
governmental
entity
from
enforcing
any
ordinance,
rule,
3
or
regulation
premised
upon
grounds
other
than
a
request
for
4
law
enforcement
assistance
or
other
emergency
assistance
by
5
a
resident,
owner,
tenant,
or
landlord,
or
the
fact
that
the
6
resident,
owner,
tenant,
or
landlord
was
a
victim
of
crime
or
7
abuse.
8
3.
For
purposes
of
this
section,
“resident”
means
a
member
9
of
a
tenant’s
family
and
any
other
person
occupying
the
10
dwelling
unit
with
the
consent
of
the
tenant.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
the
right
of
a
tenant
or
resident
to
15
summon
emergency
assistance
and
prohibits
a
landlord,
city,
16
county,
or
other
governmental
entity
from
penalizing
a
tenant,
17
resident,
owner,
or
landlord
for
seeking
emergency
assistance.
18
The
bill
provides
that
a
landlord
shall
not
prohibit
or
19
limit
a
resident’s
or
tenant’s
right
to
summon
law
enforcement
20
assistance
or
other
emergency
assistance
for
a
victim
of
abuse,
21
a
victim
of
crime,
or
an
individual
in
an
emergency.
The
22
bill
provides
that
a
landlord
cannot
impose
monetary
or
other
23
penalties
on
a
resident
or
tenant
who
summons
such
emergency
24
assistance,
and
that
any
waiver
of
such
right
is
void
and
25
unenforceable.
The
bill
does
not
prevent
a
landlord
from
26
recovering
from
a
resident
or
tenant
an
amount
equal
to
the
27
costs
incurred
to
repair
property
damage
if
the
damage
is
28
caused
by
law
enforcement
or
other
emergency
personnel
summoned
29
by
the
resident
or
tenant.
The
bill
does
not
prevent
a
30
landlord
from
terminating
or
evicting
a
resident
or
tenant
when
31
such
action
is
premised
on
grounds
other
than
the
resident’s
32
or
tenant’s
exercise
of
the
right
to
summon
law
enforcement
33
assistance.
34
The
bill
provides
that
an
ordinance,
rule,
or
regulation
of
a
35
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2220
city,
county,
or
other
governmental
entity
shall
not
authorize
1
imposition
of
any
penalty
against
a
resident,
owner,
tenant,
2
or
landlord
because
either
the
resident,
owner,
tenant,
or
3
landlord
was
a
victim
of
abuse
or
crime.
The
bill
provides
4
that
an
ordinance,
rule,
or
regulation
of
a
city,
county,
5
or
other
governmental
entity
shall
not
authorize
imposition
6
of
a
penalty
against
a
resident,
owner,
tenant,
or
landlord
7
because
the
resident,
owner,
tenant,
or
landlord
sought
law
8
enforcement
assistance
for
a
victim
of
abuse,
a
victim
of
9
crime,
or
an
individual
in
an
emergency
if
either
the
resident,
10
owner,
tenant,
or
landlord
seeking
assistance
had
a
reasonable
11
belief
that
the
assistance
was
necessary
or
if
the
emergency
12
assistance
was
actually
needed.
The
bill
does
not
prohibit
a
13
city,
county,
or
other
governmental
entity
from
enforcing
any
14
ordinance,
rule,
or
regulation
premised
upon
grounds
other
than
15
a
request
for
law
enforcement
assistance
or
other
emergency
16
assistance
for
a
victim
of
abuse,
a
victim
of
a
crime,
or
an
17
individual
in
an
emergency.
18
The
provisions
of
the
bill
apply
to
Code
chapter
562A
19
(uniform
residential
landlord
and
tenant
Act)
and
Code
chapter
20
562B
(manufactured
home
communities
or
mobile
home
parks
21
residential
landlord
and
tenant
Act).
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