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 TLSB 5606XS (4) 86 jh/sc
S.F. 2220 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. 35 -1- LSB 5606XS (4) 86 jh/sc 1/ 5
S.F. 2220 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 -2- LSB 5606XS (4) 86 jh/sc 2/ 5
S.F. 2220 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 -3- LSB 5606XS (4) 86 jh/sc 3/ 5
S.F. 2220 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 -4- LSB 5606XS (4) 86 jh/sc 4/ 5
S.F. 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). 22 -5- LSB 5606XS (4) 86 jh/sc 5/ 5