House
File
2351
-
Introduced
HOUSE
FILE
2351
BY
LOHSE
,
KAUFMANN
,
MITCHELL
,
BOSSMAN
,
HOLT
,
LUNDGREN
,
LANDON
,
GERHOLD
,
JUDGE
,
MATSON
,
JAMES
,
BRECKENRIDGE
,
HALL
,
FORBES
,
NIELSEN
,
and
R.
SMITH
A
BILL
FOR
An
Act
relating
to
property
law
by
modifying
provisions
1
relating
to
rental
properties,
manufactured
home
2
communities,
mobile
home
parks,
and
manufactured
mobile
3
home
communities,
modifying
provisions
governing
actions
4
relating
to
such
properties,
making
penalties
applicable,
5
and
including
effective
date
and
applicability
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
TLSB
6108YH
(2)
88
md/jh
H.F.
2351
DIVISION
I
1
GROUNDS
FOR
TERMINATION
OF
TENANCY
2
Section
1.
Section
562B.10,
Code
2020,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
4A.
A
landlord
may
only
terminate
a
tenancy
5
if
the
tenant
engages
in
any
of
the
following
or
for
any
of
the
6
following
reasons:
7
a.
A
material
noncompliance
with
the
rental
agreement.
8
b.
A
material
violation
of
the
manufactured
home
community
9
or
mobile
home
park
rules
or
regulations.
10
c.
Any
other
violation
of
this
chapter
for
which
termination
11
is
a
remedy.
12
d.
A
legitimate
and
material
business
reason
the
impact
of
13
which
is
not
specific
to
one
tenant.
14
e.
A
change
in
the
use
of
the
land
if
change
in
the
use
of
15
the
land
is
included
in
the
rental
agreement
as
grounds
for
16
termination
or
nonrenewal.
17
Sec.
2.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
18
deemed
of
immediate
importance,
takes
effect
upon
enactment.
19
Sec.
3.
APPLICABILITY.
This
division
of
this
Act
applies
20
to
terminations
of
tenancies
on
or
after
the
effective
date
of
21
this
division
of
this
Act.
22
DIVISION
II
23
RETALIATION
24
Sec.
4.
Section
562B.32,
subsection
1,
paragraph
d,
Code
25
2020,
is
amended
to
read
as
follows:
26
d.
For
exercising
any
of
the
rights
and
remedies
pursuant
27
to
this
chapter
or
chapter
216
.
28
Sec.
5.
Section
562B.32,
subsection
2,
Code
2020,
is
amended
29
to
read
as
follows:
30
2.
If
the
landlord
acts
in
violation
of
subsection
1
31
of
this
section
,
the
tenant
is
entitled
to
the
remedies
32
provided
in
section
562B.24
and
has
a
defense
in
an
action
for
33
possession.
In
an
action
by
or
against
the
tenant,
evidence
34
of
a
complaint
within
six
months
one
year
prior
to
the
alleged
35
-1-
LSB
6108YH
(2)
88
md/jh
1/
26
H.F.
2351
act
of
retaliation
creates
a
presumption
that
the
landlord’s
1
conduct
was
in
retaliation.
The
presumption
does
not
arise
2
if
the
tenant
made
the
complaint
after
notice
of
termination
3
of
the
rental
agreement.
For
the
purpose
of
this
subsection
,
4
“presumption”
means
that
the
trier
of
fact
must
find
the
5
existence
of
the
fact
presumed
unless
and
until
evidence
is
6
introduced
which
would
support
a
finding
of
its
nonexistence.
7
Sec.
6.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
8
deemed
of
immediate
importance,
takes
effect
upon
enactment.
9
DIVISION
III
10
CONSUMER
FRAUD
11
Sec.
7.
Section
562B.4,
Code
2020,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
3.
A
violation
of
this
chapter
by
a
14
landlord,
or
an
agent
of
the
landlord,
is
an
unlawful
practice
15
under
section
714.16.
16
Sec.
8.
Section
714.16,
subsection
2,
Code
2020,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
q.
It
is
an
unlawful
practice
for
a
landlord
19
or
the
landlord’s
agent
to
violate
any
of
the
provisions
of
20
chapter
562B.
21
Sec.
9.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
22
deemed
of
immediate
importance,
takes
effect
upon
enactment.
23
Sec.
10.
APPLICABILITY.
This
division
of
this
Act
applies
24
to
violations
of
chapter
562B
occurring
on
or
after
the
25
effective
date
of
this
division
of
this
Act.
26
DIVISION
IV
27
RENT
INCREASES
28
Sec.
11.
Section
562B.14,
subsection
7,
Code
2020,
is
29
amended
by
striking
the
subsection
and
inserting
in
lieu
30
thereof
the
following:
31
7.
a.
A
landlord
shall
not
increase
the
amount
of
rent
due
32
by
any
tenant
in
a
manufactured
home
community
or
mobile
home
33
park
unless
the
tenant
is
notified,
in
writing,
of
the
rent
34
increase
at
least
one
hundred
eighty
days
before
the
effective
35
-2-
LSB
6108YH
(2)
88
md/jh
2/
26
H.F.
2351
date
of
the
rent
increase.
The
effective
date
of
any
increase
1
in
the
amount
of
rent
shall
not
be
less
than
one
year
after
2
either
the
effective
date
of
the
most
recent
rent
increase
or
3
the
beginning
of
the
tenancy,
whichever
is
later.
4
b.
(1)
Subject
to
paragraph
“a”
,
a
landlord
may
increase
5
the
amount
of
rent
due
by
any
tenant
in
an
amount
greater
than
6
the
average
annual
increase
of
the
consumer
price
index
for
all
7
urban
consumers
in
the
midwest
region
for
the
most
recently
8
available
preceding
thirty-six-month
period,
if
the
landlord
9
demonstrates
the
increase
is
justified
for
all
of
the
following
10
conditions:
11
(a)
The
landlord,
during
the
preceding
twelve-month
period,
12
has
not
been
found
in
violation
of
any
provision
of
this
13
chapter
that
threatens
the
health
or
safety
of
the
tenants
of
14
or
visitors
to
the
manufactured
home
community
or
mobile
home
15
park
that
persists
for
more
than
fifteen
days,
beginning
on
the
16
day
the
landlord
received
notice
of
such
violation.
17
(b)
The
proposed
rent
increase
is
directly
related
to
18
operating,
maintaining,
or
improving
the
manufactured
home
19
community
or
mobile
home
park,
and
is
justified
by
one
or
more
20
of
the
following
factors:
21
(i)
The
completion
and
cost
of
any
capital
improvements
or
22
repair
work
in
the
manufactured
home
community
or
mobile
home
23
park,
as
distinguished
from
ordinary
repair,
replacement,
and
24
maintenance.
25
(ii)
An
increase
in
property
taxes
due
on
the
manufactured
26
home
community
or
mobile
home
park.
27
(iii)
If
the
landlord
is
responsible
for
payment
of
one
28
or
more
utilities,
an
increase
in
utility
expenses
within
the
29
manufactured
home
community
or
mobile
home
park.
30
(iv)
An
increase
in
insurance
costs
and
financing
31
associated
with
the
manufactured
home
community
or
mobile
home
32
park.
33
(v)
An
increase
in
reasonable
operating
and
maintenance
34
expenses
relating
to
the
manufactured
home
community
or
mobile
35
-3-
LSB
6108YH
(2)
88
md/jh
3/
26
H.F.
2351
home
park.
1
(vi)
An
increase
in
market
rent.
For
purposes
of
this
2
section,
“market
rent”
means
that
rent
which
would
result
from
3
market
forces
absent
an
unequal
bargaining
position
between
the
4
landlord
and
tenants.
In
determining
market
rent,
relevant
5
considerations
include
rents
charged
to
recent
new
tenants
of
6
the
manufactured
home
community
or
mobile
home
park
or
rents
7
charged
by
comparable
manufactured
home
communities
or
mobile
8
home
parks.
To
be
comparable,
a
manufactured
home
community
or
9
mobile
home
park
must
be
within
the
competitive
area
and
must
10
offer
similar
facilities,
services,
amenities,
and
management.
11
(c)
The
department
of
revenue
shall
monitor
the
consumer
12
price
index
for
all
urban
consumers
in
the
midwest
region
and
13
report
the
relevant
data
to
the
consumer
protection
division
of
14
the
office
of
the
attorney
general
for
periodic
publication.
15
c.
The
written
notice
of
a
rent
increase
provided
to
the
16
tenant
shall
include
the
specific
reasons
for
the
increase
17
including
the
justification
under
paragraph
“b”
,
if
applicable.
18
d.
A
decrease
in
the
number
or
quality
of
amenities,
19
services,
or
utilities
provided
under
the
rental
agreement
20
without
a
corresponding
and
proportionate
reduction
in
rent
21
shall
be
considered
a
rent
increase
for
the
purposes
of
this
22
chapter.
23
Sec.
12.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
24
deemed
of
immediate
importance,
takes
effect
upon
enactment.
25
Sec.
13.
APPLICABILITY.
The
following
applies
to
rent
26
increases
under
chapter
562B
occurring
on
or
after
the
27
effective
date
of
this
division
of
this
Act:
28
Section
562B.14,
subsection
7,
paragraphs
“a”
and
“d”,
as
29
enacted
in
this
division
of
this
Act.
30
Sec.
14.
APPLICABILITY.
The
following
applies
to
rent
31
increases
under
chapter
562B
occurring
on
or
after
July
1,
32
2020:
33
Section
562B.14,
subsection
7,
paragraphs
“b”
and
“c”,
as
34
enacted
in
this
division
of
this
Act.
35
-4-
LSB
6108YH
(2)
88
md/jh
4/
26
H.F.
2351
DIVISION
V
1
LANDLORD
REMEDIES
AND
PROCEDURES
2
Sec.
15.
Section
555B.3,
Code
2020,
is
amended
to
read
as
3
follows:
4
555B.3
Action
for
abandonment
——
jurisdiction.
5
A
real
property
owner
not
requesting
notification
by
the
6
sheriff
as
provided
in
section
555B.2
may
bring
an
action
7
alleging
abandonment
in
the
court
within
the
county
where
the
8
real
property
is
located
provided
that
there
is
no
lien
on
9
the
mobile
home
or
personal
property
other
than
a
tax
lien
10
pursuant
to
chapter
435
.
The
action
shall
be
tried
as
an
11
equitable
action.
Unless
commenced
as
a
small
claim,
the
12
petition
shall
be
presented
to
a
district
judge.
Upon
receipt
13
of
the
petition,
either
the
court
or
the
clerk
of
the
district
14
court
shall
set
a
date
for
a
hearing
not
later
than
fourteen
15
days
from
the
date
of
the
receipt
of
the
petition
,
except
when
16
there
is
a
lien
on
the
mobile
home
or
personal
property,
other
17
than
a
tax
lien,
the
court
or
the
clerk
of
the
district
court
18
shall
set
a
date
for
a
hearing
no
sooner
than
twenty-five
days
19
from
the
date
of
the
receipt
of
the
petition
so
as
to
allow
for
20
service
on
the
lienholder
.
21
Sec.
16.
Section
555B.4,
Code
2020,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
4.
If
a
lien,
other
than
a
tax
lien,
exists
24
on
the
mobile
home
or
personal
property
at
the
time
an
action
25
for
abandonment
is
initiated,
personal
service
pursuant
to
rule
26
of
civil
procedure
1.305
shall
be
made
upon
the
lienholder
27
no
less
than
twenty
days
before
the
hearing.
The
notice
to
28
the
lienholder
shall
describe
the
mobile
home
and
shall
state
29
the
docket,
case
number,
date,
time
at
which
the
hearing
is
30
scheduled,
and
the
lienholder’s
right
to
assert
a
claim
to
31
the
mobile
home
at
the
hearing.
The
notice
shall
also
state
32
that
failure
to
assert
a
claim
to
the
mobile
home
within
the
33
judicial
proceedings
is
deemed
a
waiver
of
all
right,
title,
34
claim,
and
interest
in
the
mobile
home
and
is
deemed
consent
to
35
-5-
LSB
6108YH
(2)
88
md/jh
5/
26
H.F.
2351
the
sale
or
disposal
of
the
mobile
home.
If
personal
service
1
upon
the
lienholder
cannot
be
completed
in
time
to
give
the
2
lienholder
the
minimum
notice
required
by
this
section,
the
3
court
may
set
a
new
hearing
date.
4
Sec.
17.
Section
555B.8,
subsections
2
and
3,
Code
2020,
are
5
amended
to
read
as
follows:
6
2.
If
Except
as
otherwise
ordered
by
the
court,
if
the
7
mobile
home
owner
or
other
claimant
asserts
a
claim
to
the
8
property,
the
judgment
shall
be
satisfied
before
the
mobile
9
home
owner
or
other
claimant
may
take
possession
of
the
mobile
10
home
or
personal
property.
11
3.
If
no
claim
is
asserted
to
the
mobile
home
or
personal
12
property
or
if
the
judgment
is
not
satisfied
at
the
time
of
13
entry,
an
order
shall
be
entered
allowing
the
real
property
14
owner
to
sell
or
otherwise
dispose
of
the
mobile
home
and
15
personal
property
pursuant
to
section
555B.9
.
If
Except
as
16
otherwise
ordered
by
the
court,
if
a
claimant
satisfies
the
17
judgment
at
the
time
of
entry,
the
court
shall
enter
an
order
18
permitting
and
directing
the
claimant
to
remove
the
mobile
home
19
or
personal
property
from
its
location
within
a
reasonable
time
20
to
be
fixed
by
the
court.
The
court
shall
also
determine
the
21
amount
of
further
rent
or
storage
charges
to
be
paid
by
the
22
claimant
to
the
real
property
owner
at
the
time
of
removal.
23
Sec.
18.
Section
555B.9,
subsections
1,
2,
3,
and
4,
Code
24
2020,
are
amended
to
read
as
follows:
25
1.
Pursuant
to
an
order
for
disposal
under
section
555B.8,
26
subsection
3
,
the
real
property
owner
shall
dispose
of
the
27
mobile
home
and
personal
property
by
public
or
private
sale
in
28
a
commercially
reasonable
manner.
If
the
personal
property
,
29
lienholder,
owner
,
or
other
claimant
has
asserted
a
claim
30
to
the
mobile
home
or
personal
property
within
the
judicial
31
proceedings
,
that
person
shall
be
notified
of
the
sale
by
32
restricted
certified
mail
not
less
than
five
days
before
the
33
sale.
The
notice
is
deemed
given
upon
the
mailing.
The
real
34
property
owner
may
buy
at
any
public
sale,
and
if
the
mobile
35
-6-
LSB
6108YH
(2)
88
md/jh
6/
26
H.F.
2351
home
or
personal
property
is
of
a
type
customarily
sold
in
1
a
recognized
market
or
is
the
subject
of
widely
distributed
2
standard
price
quotations,
the
real
property
owner
may
buy
at
a
3
private
sale.
4
2.
A
sale
pursuant
to
subsection
1
transfers
to
the
5
purchaser
for
value,
all
of
the
mobile
home
owner’s
rights
6
in
the
mobile
home
and
personal
property,
and
discharges
the
7
real
property
owner’s
interest
in
the
mobile
home
and
personal
8
property
,
and
any
tax
lien
,
and
any
other
lien
.
The
purchaser
9
takes
free
of
all
rights
and
interests
even
though
the
real
10
property
owner
fails
to
comply
with
the
requirements
of
this
11
chapter
or
of
any
judicial
proceedings,
if
the
purchaser
acts
12
in
good
faith.
13
3.
The
proceeds
of
the
sale
of
mobile
home
and
personal
14
property
shall
be
distributed
as
follows:
15
a.
First,
to
satisfy
the
real
property
owner’s
judgment
16
obtained
under
section
555B.8
.
17
b.
Second,
to
satisfy
any
tax
lien
for
which
a
claim
was
18
asserted
pursuant
to
section
555B.4,
subsection
3
.
19
0c.
Third,
to
satisfy
any
other
lien
for
which
a
claim
was
20
asserted
pursuant
to
section
555B.4,
subsection
4.
21
c.
Any
surplus
remaining
after
the
proceeds
are
distributed
22
shall
be
held
by
the
real
property
owner
for
six
months.
If
23
the
mobile
home
owner
fails
to
claim
the
surplus
in
that
time,
24
the
surplus
may
be
retained
by
the
real
property
owner.
If
25
a
deficiency
remains
after
distribution
of
the
proceeds,
the
26
mobile
home
owner
is
liable
for
the
amount
of
the
deficiency.
27
4.
Notwithstanding
subsections
1
through
3
,
the
real
28
property
owner
may
propose
to
retain
the
mobile
home
and
29
personal
property
in
satisfaction
of
the
judgment
obtained
30
pursuant
to
section
555B.8
.
Written
notice
of
the
proposal
31
shall
be
sent
to
the
mobile
home
owner
,
lienholder,
or
other
32
claimant,
if
that
person
has
asserted
a
claim
to
the
mobile
33
home
or
personal
property
in
the
judicial
proceedings.
If
34
the
real
property
owner
receives
objection
in
writing
from
35
-7-
LSB
6108YH
(2)
88
md/jh
7/
26
H.F.
2351
the
mobile
home
owner
,
lienholder,
or
other
claimant
within
1
twenty-one
days
after
the
notice
was
sent,
the
real
property
2
owner
shall
dispose
of
the
mobile
home
and
personal
property
3
pursuant
to
subsection
1
.
If
no
written
objection
is
received
4
by
the
real
property
owner
within
twenty-one
days
after
the
5
notice
was
sent,
the
mobile
home
and
personal
property
may
be
6
retained.
Retention
of
the
mobile
home
and
personal
property
7
discharges
the
judgment
of
the
real
property
owner
,
and
any
tax
8
lien
,
and
any
other
lien
.
9
Sec.
19.
Section
562A.9,
subsection
4,
Code
2020,
is
amended
10
to
read
as
follows:
11
4.
For
rental
agreements
in
which
the
rent
does
not
exceed
12
seven
hundred
dollars
per
month,
a
rental
agreement
shall
not
13
provide
for
a
late
fee
that
exceeds
twelve
dollars
per
day
or
a
14
total
amount
of
sixty
dollars
per
month.
For
rental
agreements
15
in
which
the
rent
is
greater
than
seven
hundred
dollars
per
16
month
but
less
than
one
thousand
four
hundred
dollars
per
17
month
,
a
rental
agreement
shall
not
provide
for
a
late
fee
that
18
exceeds
twenty
dollars
per
day
or
a
total
amount
of
one
hundred
19
dollars
per
month.
For
rental
agreements
in
which
the
rent
is
20
at
least
one
thousand
four
hundred
dollars
per
month,
a
rental
21
agreement
shall
not
provide
for
a
late
fee
that
exceeds
two
22
percent
of
the
rent
per
day
or
a
total
amount
of
ten
percent
of
23
the
rent
per
month.
24
Sec.
20.
Section
562B.10,
subsections
4
and
7,
Code
2020,
25
are
amended
to
read
as
follows:
26
4.
For
rental
agreements
in
which
the
rent
does
not
exceed
27
seven
hundred
dollars
per
month,
a
rental
agreement
shall
not
28
provide
for
a
late
fee
that
exceeds
twelve
dollars
per
day
or
a
29
total
amount
of
sixty
dollars
per
month.
For
rental
agreements
30
in
which
the
rent
is
greater
than
seven
hundred
dollars
per
31
month
but
less
than
one
thousand
four
hundred
dollars
per
32
month
,
a
rental
agreement
shall
not
provide
for
a
late
fee
that
33
exceeds
twenty
dollars
per
day
or
a
total
amount
of
one
hundred
34
dollars
per
month.
For
rental
agreements
in
which
the
rent
is
35
-8-
LSB
6108YH
(2)
88
md/jh
8/
26
H.F.
2351
at
least
one
thousand
four
hundred
dollars
per
month,
a
rental
1
agreement
shall
not
provide
for
a
late
fee
that
exceeds
two
2
percent
of
the
rent
per
day
or
a
total
amount
of
ten
percent
of
3
the
rent
per
month.
4
7.
a.
If
a
tenant
who
was
sole
owner
of
a
mobile
home
dies
5
during
the
term
of
a
rental
agreement
then
that
person’s
heirs
6
or
legal
representative
or
the
landlord
shall
have
the
right
7
to
cancel
the
tenant’s
lease
by
giving
sixty
days’
written
8
notice
to
the
person’s
heirs
or
legal
representative
or
to
9
the
landlord,
whichever
is
appropriate,
and
the
heirs
or
the
10
legal
representative
shall
have
the
same
rights,
privileges
and
11
liabilities
of
the
original
tenant.
12
b.
(1)
If
a
tenant
who
was
sole
owner
of
a
mobile
home
dies
13
during
the
term
of
a
rental
agreement
resulting
in
the
mobile
14
home
being
abandoned
as
provided
in
section
562B.27,
subsection
15
1,
and
the
landlord
cannot,
despite
due
diligence,
locate
such
16
tenant’s
heirs
or
legal
representatives,
then
the
landlord
may
17
bring
an
action
for
abandonment
as
provided
in
section
555B.3,
18
naming
as
defendants
the
estate
of
the
tenant
and
any
and
all
19
unknown
heirs
of
the
tenant
and,
upon
the
landlord’s
filing
20
of
an
affidavit
that
personal
service
cannot
be
had
on
any
21
heir,
legal
representative,
or
estate
of
the
tenant,
the
court
22
shall
permit
original
notice
of
such
action
to
be
served
by
23
publication
pursuant
to
subparagraph
(2)
of
this
paragraph.
24
(2)
Publication
of
the
original
notice
shall
be
made
25
once
each
week
for
three
consecutive
weeks
in
a
newspaper
of
26
general
circulation
published
in
the
county
where
the
petition
27
is
filed,
as
provided
in
rules
of
civil
procedure
1.313
and
28
1.314.
Service
is
complete
after
the
third
consecutive
weekly
29
publication.
30
(3)
In
the
event
any
tax
lien
or
other
lien
exists
on
31
the
mobile
home,
the
landlord
may
proceed
with
an
action
for
32
abandonment
as
provided
in
section
555B.3,
except
that:
33
(a)
Notice
shall
be
provided
to
the
county
treasurer
as
34
provided
in
section
555B.4,
subsection
3,
if
a
tax
lien
exists.
35
-9-
LSB
6108YH
(2)
88
md/jh
9/
26
H.F.
2351
(b)
Personal
service
pursuant
to
rule
of
civil
procedure
1
1.305
shall
be
made
upon
any
lienholder
no
less
than
twenty
2
days
before
the
hearing.
3
(4)
Any
notice
to
a
lienholder
shall
state
that
failure
4
to
assert
a
claim
to
the
mobile
home
is
deemed
a
waiver
of
5
all
right,
title,
claim,
and
interest
in
the
mobile
home
and
6
is
deemed
consent
to
the
sale
or
disposal
of
the
mobile
home.
7
If
personal
service
upon
the
lienholder
cannot
be
completed
8
in
time
to
give
the
lienholder
the
minimum
notice
required
by
9
subparagraph
(3),
the
court
may
set
a
new
hearing
date.
10
Sec.
21.
Section
648.5,
subsection
1,
Code
2020,
is
amended
11
to
read
as
follows:
12
1.
An
action
for
forcible
entry
and
detainer
shall
be
13
brought
in
a
county
where
all
or
part
of
the
premises
is
14
located.
Such
an
action
shall
be
tried
as
an
equitable
action.
15
Upon
receipt
of
the
petition,
the
court
shall
set
a
date,
16
time,
and
place
for
hearing.
The
court
shall
set
the
date
17
of
hearing
no
later
than
eight
days
from
the
filing
date,
18
except
that
the
court
shall
set
a
later
hearing
date
no
later
19
than
fifteen
days
from
the
date
of
filing
if
the
plaintiff
20
requests
or
consents
to
the
later
date
of
hearing.
The
21
requirement
regarding
the
setting
of
the
initial
hearing
is
not
22
a
jurisdictional
requirement
and
does
not
affect
the
court’s
23
subject
matter
jurisdiction
to
hear
the
action
for
forcible
24
entry
and
detainer.
25
DIVISION
VI
26
MANUFACTURED
HOUSING
PROGRAM
FUND
27
Sec.
22.
Section
16.45,
subsection
1,
Code
2020,
is
amended
28
to
read
as
follows:
29
1.
A
manufactured
housing
program
fund
is
created
within
30
the
authority
to
further
the
goal
of
providing
affordable
31
housing
to
Iowans.
The
moneys
in
the
fund
are
to
be
used
for
32
the
purpose
of
providing
funding
to
financial
institutions
or
33
other
lenders
to
finance
the
purchase
by
an
individual
of
a
34
manufactured
home
that
is
in
compliance
with
all
laws,
rules,
35
-10-
LSB
6108YH
(2)
88
md/jh
10/
26
H.F.
2351
and
standards
that
are
applicable
to
manufactured
homes
and
1
manufactured
housing.
The
manufactured
housing
program
fund
2
is
designed
exclusively
for
manufactured
homes
sited
on
leased
3
land.
4
DIVISION
VII
5
TENANT
COUNTERCLAIM
FOR
LANDLORD
NONCOMPLIANCE
6
Sec.
23.
Section
562B.25,
Code
2020,
is
amended
by
adding
7
the
following
new
subsection:
8
NEW
SUBSECTION
.
5.
a.
In
an
action
for
possession
based
9
upon
nonpayment
of
the
rent
or
in
an
action
for
rent
where
the
10
tenant
is
in
possession,
the
tenant
may
counterclaim
for
an
11
amount
which
the
tenant
may
recover
under
the
rental
agreement
12
or
this
chapter.
In
that
event,
the
court
from
time
to
time
13
may
order
the
tenant
to
pay
into
court
all
or
part
of
the
rent
14
accrued
and
thereafter
accruing,
and
shall
determine
the
amount
15
due
to
each
party.
The
party
to
whom
a
net
amount
is
owed
16
shall
be
paid
first
from
the
money
paid
into
court,
and
the
17
balance
by
the
other
party.
If
rent
does
not
remain
due
after
18
application
of
this
section,
judgment
shall
be
entered
for
19
the
tenant
in
the
action
for
possession.
If
the
defense
or
20
counterclaim
by
the
tenant
is
without
merit
and
is
not
raised
21
in
good
faith,
the
landlord
may
recover
reasonable
attorney
22
fees.
23
b.
In
an
action
for
rent
where
the
tenant
is
not
in
24
possession,
the
tenant
may
counterclaim
as
provided
in
25
paragraph
“a”
,
but
the
tenant
is
not
required
to
pay
any
rent
26
into
court.
27
Sec.
24.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
28
deemed
of
immediate
importance,
takes
effect
upon
enactment.
29
Sec.
25.
APPLICABILITY.
This
division
of
this
Act
applies
30
to
actions
for
possession
filed
on
or
after
the
effective
date
31
of
this
division
of
this
Act.
32
DIVISION
VIII
33
UTILITY
CHARGES
34
Sec.
26.
Section
562B.14,
subsection
6,
Code
2020,
is
35
-11-
LSB
6108YH
(2)
88
md/jh
11/
26
H.F.
2351
amended
to
read
as
follows:
1
6.
The
landlord
or
any
person
authorized
to
enter
into
2
a
rental
agreement
on
the
landlord’s
behalf
shall
provide
3
a
written
explanation
of
utility
rates,
fees,
charges
,
and
4
services
,
subject
to
section
562B.16,
subsection
3,
to
the
5
prospective
tenant
before
the
rental
agreement
is
signed
unless
6
the
utility
charges
are
paid
by
the
tenant
directly
to
the
7
utility
company.
8
Sec.
27.
Section
562B.16,
Code
2020,
is
amended
by
adding
9
the
following
new
subsection:
10
NEW
SUBSECTION
.
3.
A
landlord
that
is
responsible
for
11
payment
of
utilities
being
provided
to
the
tenant
shall
not
12
charge
to
the
tenant
an
amount
in
excess
of
the
actual
cost
of
13
the
utility
and
as
specified
in
writing
under
section
562B.14,
14
subsection
6.
In
addition
to
the
actual
cost
of
the
utility,
15
a
landlord
that
is
responsible
for
the
payment
of
one
or
more
16
utilities
being
provided
to
the
tenant
may
impose
a
monthly
17
utility
administration
fee
to
each
tenant
not
to
exceed
five
18
dollars
per
month.
The
amount
of
the
utility
administration
19
fee
shall
not
exceed
five
dollars
per
month
regardless
of
the
20
number
of
utilities
being
provided
or
the
actual
cost
of
the
21
utilities
being
provided.
22
Sec.
28.
Section
562B.25,
Code
2020,
is
amended
by
adding
23
the
following
new
subsection:
24
NEW
SUBSECTION
.
2A.
The
failure
of
a
tenant
to
pay
utility
25
charges
that
exceed
the
actual
cost
of
the
utility
provided
26
as
required
by
section
562B.16,
subsection
3,
shall
not
be
27
considered
noncompliance
with
the
rental
agreement.
28
Sec.
29.
Section
714H.3,
subsection
2,
Code
2020,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
h.
Section
562B.16,
subsection
3.
31
DIVISION
IX
32
UNLAWFUL
OUSTER
33
Sec.
30.
Section
562B.24,
Code
2020,
is
amended
to
read
as
34
follows:
35
-12-
LSB
6108YH
(2)
88
md/jh
12/
26
H.F.
2351
562B.24
Tenant’s
remedies
for
landlord’s
unlawful
ouster,
1
exclusion
or
diminution
of
services.
2
If
the
landlord
unlawfully
removes
or
excludes
the
tenant
3
from
the
manufactured
home
community
or
mobile
home
park
or
4
willfully
diminishes
services
to
the
tenant
by
interrupting
5
or
causing
the
interruption
of
electric,
gas,
water
,
or
6
other
essential
service
to
the
tenant,
the
tenant
may
recover
7
possession,
require
the
restoration
of
essential
services
or
8
terminate
the
rental
agreement
and,
in
either
case,
recover
an
9
amount
not
to
exceed
two
months’
periodic
rent
,
and
twice
the
10
actual
damages
sustained
by
the
tenant
,
and
reasonable
attorney
11
fees
.
If
the
rental
agreement
is
terminated,
the
landlord
12
shall
return
all
prepaid
rent
and
security.
13
Sec.
31.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
14
deemed
of
immediate
importance,
takes
effect
upon
enactment.
15
Sec.
32.
APPLICABILITY.
This
division
of
this
Act
applies
16
to
actions
under
section
562B.24
filed
on
or
after
the
17
effective
date
of
this
division
of
this
Act.
18
DIVISION
X
19
WRONGFUL
FAILURE
TO
PROVIDE
ESSENTIAL
SERVICES
20
Sec.
33.
NEW
SECTION
.
562B.23A
Wrongful
failure
to
supply
21
running
water
or
essential
services.
22
1.
If
contrary
to
the
rental
agreement
or
section
562B.16
23
the
landlord
deliberately
or
negligently
fails
to
supply
24
running
water
or
other
essential
services,
the
tenant
may
give
25
written
notice
to
the
landlord
specifying
the
breach
and
may
26
do
one
of
the
following:
27
a.
Procure
reasonable
amounts
of
water
or
other
essential
28
services
during
the
period
of
the
landlord’s
noncompliance
and
29
deduct
the
actual
and
reasonable
cost
from
the
rent.
30
b.
Recover
damages
based
upon
the
diminution
in
the
fair
31
market
value
of
the
mobile
home
or
mobile
home
space.
32
c.
Recover
any
rent
already
paid
for
the
period
of
the
33
landlord’s
noncompliance
which
shall
be
reimbursed
on
a
pro
34
rata
basis.
35
-13-
LSB
6108YH
(2)
88
md/jh
13/
26
H.F.
2351
2.
If
the
tenant
proceeds
under
this
section,
the
tenant
may
1
not
proceed
under
section
562B.22
as
to
that
breach.
2
3.
The
rights
under
this
section
do
not
arise
until
the
3
tenant
has
given
notice
to
the
landlord
or
if
the
condition
was
4
caused
by
the
deliberate
or
negligent
act
or
omission
of
the
5
tenant,
a
member
of
the
tenant’s
family,
or
other
person
on
the
6
premises
with
the
consent
of
the
tenant.
7
Sec.
34.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
8
deemed
of
immediate
importance,
takes
effect
upon
enactment.
9
Sec.
35.
APPLICABILITY.
This
division
of
this
Act
applies
10
to
actions
under
section
562B.23A
filed
on
or
after
the
11
effective
date
of
this
division
of
this
Act.
12
DIVISION
XI
13
TENANT
CORRECTING
DEFICIENCIES
14
Sec.
36.
Section
562B.25,
Code
2020,
is
amended
by
adding
15
the
following
new
subsection:
16
NEW
SUBSECTION
.
4A.
In
any
action
by
a
landlord
for
17
possession
based
upon
nonpayment
of
rent,
proof
by
the
tenant
18
of
all
of
the
following
shall
be
a
defense
to
any
action
or
19
claim
for
possession
by
the
landlord,
and
the
amounts
expended
20
by
the
tenant
in
correcting
the
deficiencies
shall
be
deducted
21
from
the
amount
claimed
by
the
landlord
as
unpaid
rent:
22
a.
That
the
landlord
failed
to
comply
either
with
the
rental
23
agreement
or
with
section
562B.16.
24
b.
That
the
tenant
notified
the
landlord
at
least
seven
25
days
prior
to
the
due
date
of
the
tenant’s
rent
payment
of
the
26
tenant’s
intention
to
correct
the
condition
constituting
the
27
breach
referred
to
in
paragraph
“a”
at
the
landlord’s
expense.
28
c.
That
the
reasonable
cost
of
correcting
the
condition
29
constituting
the
breach
is
equal
to
or
less
than
one
month’s
30
periodic
rent.
31
d.
That
the
tenant
in
good
faith
caused
the
condition
32
constituting
the
breach
to
be
corrected
prior
to
receipt
of
33
written
notice
of
the
landlord’s
intention
to
terminate
the
34
rental
agreement
for
nonpayment
of
rent.
35
-14-
LSB
6108YH
(2)
88
md/jh
14/
26
H.F.
2351
Sec.
37.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
1
deemed
of
immediate
importance,
takes
effect
upon
enactment.
2
Sec.
38.
APPLICABILITY.
This
division
of
this
Act
applies
3
to
actions
by
a
landlord
for
possession
filed
on
or
after
the
4
effective
date
of
this
division
of
this
Act.
5
DIVISION
XII
6
DENIAL
OF
RENTAL
OR
REFUSAL
OF
SALE
7
Sec.
39.
Section
562B.19,
subsection
3,
paragraphs
a
and
c,
8
Code
2020,
are
amended
to
read
as
follows:
9
a.
Deny
rental
unless
the
tenant
or
prospective
tenant
10
cannot
conform
to
manufactured
home
community
or
park
rules
11
and
regulations.
A
decision
to
deny
rental
shall
conform
12
to
recognized
principles,
rules,
and
standards
generally
13
accepted
by
the
professional
manufactured
home
community
or
14
park
industry
to
ensure
the
commercially
reasonable
safety
and
15
financial
security
of
comparable
manufactured
home
communities
16
or
mobile
home
parks.
A
landlord
shall
deliver
the
decision
17
in
writing
to
the
tenant
or
prospective
tenant
as
soon
as
18
commercially
feasible
and
shall
provide
the
basis
for
a
denial
19
in
writing
to
the
tenant
or
prospective
tenant
at
the
time
of
20
the
decision.
21
c.
Deny
any
resident
of
a
manufactured
home
community
22
or
mobile
home
park
the
right
to
sell
that
person’s
mobile
23
home
at
a
price
of
the
person’s
own
choosing,
but
may
reserve
24
the
right
to
approve
the
purchaser
of
such
mobile
home
as
25
a
tenant
but
such
permission
shall
only
be
withheld
for
a
26
legitimate
business
reason
within
the
recognized
principles,
27
rules,
and
standards
described
in
paragraph
“a”
,
and
may
not
be
28
unreasonably
withheld,
provided
however,
that
the
landlord
may,
29
in
the
event
of
a
sale
to
a
third
party,
in
order
to
upgrade
30
the
quality
of
the
manufactured
home
community
or
mobile
home
31
park,
require
that
any
mobile
home
in
a
rundown
condition
or
in
32
disrepair
be
removed
from
the
manufactured
home
community
or
33
park
within
sixty
days.
If
the
landlord
refuses
to
approve
the
34
purchaser
of
the
mobile
home
as
a
tenant,
a
legitimate
business
35
-15-
LSB
6108YH
(2)
88
md/jh
15/
26
H.F.
2351
reason
for
the
refusal
shall
be
provided
in
writing
to
the
1
resident
who
is
selling
the
mobile
home.
2
DIVISION
XIII
3
PROHIBITED
RENTAL
AGREEMENT
PROVISION
——
HOME
EQUIPMENT
4
Sec.
40.
Section
562B.11,
subsection
1,
Code
2020,
is
5
amended
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
e.
Agrees
to
modify
the
physical
7
characteristics
or
equipment
of
the
mobile
home,
manufactured
8
home,
or
modular
home
if
the
modification
impairs
the
ability
9
of
the
tenant
to
move
the
home
from
the
mobile
home
space,
10
unless
otherwise
required
by
federal
or
state
law
or
by
local
11
ordinance.
12
DIVISION
XIV
13
RENTAL
AGREEMENT
TERMS
14
Sec.
41.
Section
562B.11,
subsection
1,
Code
2020,
is
15
amended
by
adding
the
following
new
paragraphs:
16
NEW
PARAGRAPH
.
f.
Authorizes
imposition
of
fines,
17
penalties,
or
fees
solely
as
a
punishment
or
in
amounts
in
18
excess
of
actual
damages
or
costs
incurred.
19
NEW
PARAGRAPH
.
g.
Authorizes
a
person
to
confess
judgment
20
on
a
claim
arising
out
of
the
rental
agreement.
21
NEW
PARAGRAPH
.
h.
Authorizes
prohibitions,
limitations,
22
additional
deposits,
or
other
restrictive
policies
that
are
23
not
based
on
ordinary
wear
and
tear
expected
to
occur
during
a
24
tenancy
or
that
are
not
based
on
community
safety
standards.
25
Sec.
42.
Section
562B.11,
subsection
2,
Code
2020,
is
26
amended
to
read
as
follows:
27
2.
A
provision
prohibited
by
subsection
1
included
in
a
28
rental
agreement
is
unenforceable.
If
a
landlord
or
tenant
29
knowingly
and
willfully
uses
a
rental
agreement
containing
30
provisions
known
to
be
prohibited
by
this
chapter
,
the
other
31
party
tenant
may
recover
actual
damages
sustained
by
the
tenant
32
and
not
more
than
three
months’
periodic
rent
and
reasonable
33
attorney
fees
.
34
DIVISION
XV
35
-16-
LSB
6108YH
(2)
88
md/jh
16/
26
H.F.
2351
RENTAL
DEPOSITS
1
Sec.
43.
Section
562B.7,
subsection
12,
Code
2020,
is
2
amended
to
read
as
follows:
3
12.
“Rental
deposit”
means
a
deposit
of
money
to
secure
4
performance
of
a
mobile
home
space
rental
agreement
under
this
5
chapter
other
than
a
deposit
which
is
exclusively
in
advance
6
payment
of
rent
.
7
Sec.
44.
Section
562B.13,
subsection
2,
Code
2020,
is
8
amended
to
read
as
follows:
9
2.
All
rental
deposits
shall
be
held
by
the
landlord
for
10
the
tenant,
who
is
a
party
to
the
agreement,
in
a
bank,
credit
11
union,
or
savings
and
loan
association
which
is
insured
by
an
12
agency
of
the
federal
government.
Rental
deposits
shall
not
be
13
commingled
with
the
personal
funds
of
the
landlord.
All
rental
14
deposits
may
be
held
in
a
trust
account,
which
may
be
a
common
15
trust
account
and
which
may
be
an
interest-bearing
account.
16
Any
interest
earned
on
a
rental
deposit
during
the
first
five
17
years
of
a
tenancy
shall
be
the
property
of
the
landlord.
18
Sec.
45.
Section
562B.13,
Code
2020,
is
amended
by
adding
19
the
following
new
subsection:
20
NEW
SUBSECTION
.
9.
The
court
may,
in
any
action
on
a
rental
21
agreement,
award
reasonable
attorney
fees
to
the
prevailing
22
party.
23
DIVISION
XVI
24
LANDLORD
SALES
25
Sec.
46.
NEW
SECTION
.
562B.17A
Sale
of
mobile
home
by
26
landlord.
27
1.
Any
sale
of
a
mobile
home
located
in
a
manufactured
28
home
community
or
mobile
home
park
by
a
landlord
or
landlord’s
29
agent
shall
be
by
written
agreement
and
the
landlord
shall
30
produce
and
assign
the
current
certificate
of
title
obtained
31
from
the
department
of
transportation.
The
agreement
shall
32
state
the
basic
terms
of
sale,
including
the
total
cost
of
33
the
mobile
home,
finance
charges,
annual
percentage
rate,
and
34
the
frequency
and
amount
of
each
installment
payment.
Such
35
-17-
LSB
6108YH
(2)
88
md/jh
17/
26
H.F.
2351
agreement
shall
comply
with
the
finance
charge
rate
limitation
1
in
section
103A.58,
subsection
1.
2
2.
Any
such
sale
that
does
not
comply
with
this
section
3
may
be
voided
by
the
buyer
and
the
buyer
may
recover
damages
4
incurred,
amounts
paid
as
a
rental
deposit
in
excess
of
two
5
months’
rent
for
the
mobile
home,
and
reasonable
attorney
fees.
6
3.
A
claim
under
subsection
2
may
be
combined
with
an
action
7
under
chapter
648.
8
Sec.
47.
Section
648.19,
subsection
1,
Code
2020,
is
amended
9
to
read
as
follows:
10
1.
An
action
under
this
chapter
shall
not
be
filed
in
11
connection
with
any
other
action,
with
the
exception
of
a
claim
12
for
rent
or
recovery
as
provided
in
section
555B.3
,
562A.24
,
13
562A.32
,
562B.17A,
562B.22
,
562B.25
,
or
562B.27
,
nor
shall
it
14
be
made
the
subject
of
counterclaim.
15
DIVISION
XVII
16
NONJUDICIAL
FORECLOSURE
17
Sec.
48.
Section
654.18,
Code
2020,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
5.
Actions
under
this
section
initiated
20
on
or
after
July
1,
2020,
shall
not
be
allowed
for
property
21
consisting
of
a
mobile
home
as
defined
in
section
562B.7.
22
Sec.
49.
Section
655A.9,
Code
2020,
is
amended
to
read
as
23
follows:
24
655A.9
Application
of
chapter.
25
1.
This
chapter
does
not
apply
to
real
estate
used
for
26
an
agricultural
purpose
as
defined
in
section
535.13
,
or
to
27
a
one
or
two
family
dwelling
which
is,
at
the
time
of
the
28
initiation
of
the
foreclosure,
occupied
by
a
legal
or
equitable
29
titleholder.
30
2.
Actions
under
this
chapter
initiated
on
or
after
July
1,
31
2020,
shall
not
be
allowed
for
property
consisting
of
a
mobile
32
home
as
defined
in
section
562B.7.
33
Sec.
50.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
34
deemed
of
immediate
importance,
takes
effect
upon
enactment.
35
-18-
LSB
6108YH
(2)
88
md/jh
18/
26
H.F.
2351
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
property
law
by
modifying
provisions
4
relating
to
rental
properties,
manufactured
home
communities,
5
and
mobile
home
parks,
and
modifying
provisions
governing
6
actions
relating
to
such
properties.
7
Division
I
of
the
bill
amends
Code
section
562B.10
to
provide
8
that
a
landlord
may
only
terminate
a
tenancy
if
the
tenant
acts
9
in
material
noncompliance
of
the
rental
agreement,
commits
a
10
material
violation
of
the
manufactured
home
community
or
mobile
11
home
park
rules
or
regulations,
or
commits
any
other
violation
12
of
Code
chapter
562B
which
allows
the
remedy
of
termination,
13
or
for
a
legitimate
and
material
business
reason
the
impact
of
14
which
is
not
specific
to
one
tenant
or
a
change
in
the
use
of
15
the
land
if
change
in
the
use
of
the
land
is
included
in
the
16
rental
agreement
as
grounds
for
termination
or
nonrenewal.
17
Division
I
of
the
bill
takes
effect
upon
enactment
and
18
applies
to
terminations
of
tenancies
on
or
after
the
effective
19
date
of
the
division
of
the
bill.
20
Code
section
562B.32(1)
generally
provides
that
a
landlord
21
shall
not
retaliate
by
increasing
rent
or
decreasing
services
22
or
by
bringing
or
threatening
to
bring
an
action
for
possession
23
or
by
failing
to
renew
a
rental
agreement
after
the
exercise
or
24
assertion
of
several
specified
rights
and
remedies.
Division
25
II
of
the
bill
adds
the
exercise
of
any
of
the
rights
and
26
remedies
under
Code
chapter
216
(Iowa
civil
rights
Act
of
1965)
27
to
that
enumerated
list.
28
Current
law
provides
that
evidence
of
a
complaint
within
29
six
months
prior
to
the
alleged
act
of
retaliation
creates
a
30
presumption
that
the
landlord’s
conduct
was
in
retaliation.
31
Division
II
of
the
bill
changes
that
period
of
presumption
from
32
six
months
to
one
year.
33
Division
II
of
the
bill
takes
effect
upon
enactment.
34
Division
III
of
the
bill
provides
that
a
violation
of
Code
35
-19-
LSB
6108YH
(2)
88
md/jh
19/
26
H.F.
2351
chapter
562B
by
a
landlord
or
the
landlord’s
agent
is
an
1
unlawful
practice
under
Code
section
714.16,
governing
consumer
2
frauds.
3
Division
III
of
the
bill
takes
effect
upon
enactment
and
4
applies
to
violations
of
Code
chapter
562B
occurring
on
or
5
after
the
effective
date
of
the
division
of
the
bill.
6
Division
IV
of
the
bill
modifies
provisions
governing
an
7
increase
in
the
amount
of
rent
paid
by
a
tenant.
The
bill
8
prohibits
a
landlord
from
increasing
the
amount
of
rent
unless
9
the
tenant
is
notified,
in
writing,
of
the
rent
increase
at
10
least
180
days
before
the
effective
date
of
the
rent
increase.
11
The
bill
further
provides
that
the
effective
date
of
any
12
increase
in
the
amount
of
rent
shall
not
be
less
than
one
year
13
from
either
the
effective
date
of
the
most
recent
rent
increase
14
or
the
beginning
of
the
tenancy,
whichever
is
later.
15
Division
IV
of
the
bill
provides
that
a
landlord
may
increase
16
the
amount
of
rent
due
by
any
tenant
in
an
amount
greater
17
than
the
average
annual
increase
of
the
consumer
price
index
18
for
all
urban
consumers
in
the
midwest
region
for
the
most
19
recently
available
preceding
36-month
period,
if
the
landlord
20
demonstrates
the
increase
is
justified
for
all
of
the
following
21
conditions:
(1)
the
landlord,
during
the
preceding
12-month
22
period,
has
not
been
found
in
violation
of
any
provision
of
23
Code
chapter
562B
that
threatens
the
health
or
safety
of
the
24
tenants
of
or
visitors
to
the
manufactured
home
community
or
25
mobile
home
park
that
persists
for
more
than
15
days;
and
(2)
26
the
proposed
rent
increase
is
directly
related
to
operating,
27
maintaining,
or
improving
the
manufactured
home
community
or
28
mobile
home
park,
and
is
justified
by
one
or
more
factors
29
specified
in
the
bill.
The
bill
also
requires
the
written
30
notice
of
a
rent
increase
provided
to
the
tenant
to
include
31
the
specific
reasons
and
justifications
for
the
increase.
The
32
bill
also
specifies
that
a
decrease
in
the
number
or
quality
33
of
amenities,
services,
or
utilities
provided
under
the
rental
34
agreement
without
a
corresponding
and
proportionate
reduction
35
-20-
LSB
6108YH
(2)
88
md/jh
20/
26
H.F.
2351
in
rent
shall
be
considered
a
rent
increase
for
the
purposes
of
1
the
Code
chapter.
2
Division
IV
of
the
bill
takes
effect
upon
enactment
and
3
includes
applicability
provisions
for
certain
requirements
4
related
to
rent
increases.
5
Division
V
of
the
bill
relates
to
landlord
remedies
and
6
procedures
relating
to
failure
to
timely
pay
rent,
abandonment,
7
and
forcible
entry
and
detainer.
8
Current
law
caps
late
fees
on
rental
agreements
in
which
9
rent
is
greater
than
$700
per
month
at
$20
per
day
and
$100
10
per
month.
Division
V
of
the
bill
allows
a
rental
agreement
11
to
provide
for
late
fees
not
to
exceed
2
percent
of
the
rent
12
per
day
and
10
percent
of
the
rent
per
month
when
rent
exceeds
13
$1,400
per
month.
14
Division
V
of
the
bill
makes
changes
to
the
process
for
15
an
action
for
abandonment
of
mobile
homes.
The
bill
extends
16
the
time
by
which
a
district
court
shall
set
a
hearing
after
17
receiving
a
petition
from
not
later
than
14
days
to
no
sooner
18
than
25
days
when
there
is
a
lien
other
than
a
tax
lien
on
19
the
mobile
home
or
personal
property.
The
bill
provides
20
notice,
service,
and
publication
procedures
in
an
action
for
21
abandonment
if
the
sole
owner
of
a
mobile
home
dies
during
the
22
term
of
a
rental
agreement.
23
Division
V
of
the
bill
also
makes
a
procedural
change
24
relating
to
jurisdiction
in
actions
for
forcible
entry
and
25
detainer.
26
Division
VI
of
the
bill
amends
Code
section
16.45,
which
27
creates
the
manufactured
housing
program
fund
for
the
purpose
28
of
providing
funding
to
financial
institutions
or
other
29
lenders
to
finance
the
purchase
by
an
individual
of
a
compliant
30
manufactured
home.
The
bill
strikes
language
providing
that
31
the
manufactured
housing
program
fund
is
designed
exclusively
32
for
manufactured
homes
sited
on
leased
land.
33
Division
VII
of
the
bill
amends
Code
section
562B.25
34
relating
to
actions
by
a
landlord
for
noncompliance
with
a
35
-21-
LSB
6108YH
(2)
88
md/jh
21/
26
H.F.
2351
rental
agreement
by
a
tenant
or
failure
to
pay
rent.
The
1
bill
establishes
authority
and
procedures
similar
to
those
2
under
Code
section
562A.24
(uniform
residential
landlord
and
3
tenant
Act)
where
in
the
case
of
a
landlord’s
action
for
4
possession
based
upon
nonpayment
of
the
rent
or
in
an
action
5
for
rent
where
the
tenant
is
in
possession,
the
tenant
may
6
counterclaim
for
an
amount
which
the
tenant
may
recover
under
7
the
rental
agreement
or
Code
chapter
562B.
In
the
event
of
8
such
a
counterclaim,
the
court
from
time
to
time
may
order
the
9
tenant
to
pay
into
court
all
or
part
of
the
rent
accrued
and
10
thereafter
accruing,
and
shall
determine
the
amount
due
to
each
11
party.
The
party
to
whom
a
net
amount
is
owed
shall
be
paid
12
first
from
the
money
paid
into
court,
and
the
balance
by
the
13
other
party.
If
rent
does
not
remain
due
after
application
of
14
this
section,
judgment
shall
be
entered
for
the
tenant
in
the
15
action
for
possession.
If
the
defense
or
counterclaim
by
the
16
tenant
is
without
merit
and
is
not
raised
in
good
faith,
the
17
landlord
may
recover
reasonable
attorney
fees.
Additionally,
18
in
an
action
for
rent
where
the
tenant
is
not
in
possession,
19
the
tenant
may
counterclaim
but
is
not
required
to
pay
any
rent
20
into
court.
21
Division
VII
of
the
bill
takes
effect
upon
enactment
and
22
applies
to
actions
for
possession
filed
on
or
after
the
23
effective
date
of
the
division
of
the
bill.
24
Division
VIII
of
the
bill
provides
that
a
landlord
that
is
25
responsible
for
payment
of
utilities
being
provided
to
the
26
tenant
shall
not
charge
to
the
tenant
an
amount
in
excess
of
27
the
actual
cost
of
the
utility
and
the
failure
of
a
tenant
to
28
pay
utility
charges
that
exceed
the
actual
cost
of
the
utility
29
provided
shall
not
be
considered
noncompliance
with
the
rental
30
agreement.
In
addition
to
the
actual
cost
of
the
utility,
the
31
bill
authorizes
a
landlord
that
is
responsible
for
the
payment
32
of
one
or
more
utilities
being
provided
to
the
tenant
to
impose
33
a
monthly
utility
administration
fee
to
each
tenant
not
to
34
exceed
$5
per
month.
The
amount
of
the
utility
administration
35
-22-
LSB
6108YH
(2)
88
md/jh
22/
26
H.F.
2351
fee
may
not
exceed
$5
per
month
regardless
of
the
number
of
1
utilities
being
provided
or
the
actual
cost
of
the
utilities
2
being
provided.
The
bill
also
provides
that
a
violation
of
the
3
limitation
on
utility
charges
is
a
violation
of
Code
section
4
714H.3
(private
right
of
action
for
consumer
frauds
Act).
5
Division
IX
of
the
bill
amends
Code
section
562B.24
relating
6
to
a
tenant’s
remedies
for
a
landlord’s
unlawful
ouster
or
7
exclusion
or
diminution
of
services.
The
bill
adds
reasonable
8
attorney
fees
to
the
list
of
recoverable
damages
and
provides
9
that
if
the
rental
agreement
is
terminated,
the
landlord
shall
10
return
all
prepaid
rent
and
security.
11
Division
IX
of
the
bill
takes
effect
upon
enactment
and
12
applies
to
actions
under
Code
section
562B.24
filed
on
or
after
13
the
effective
date
of
the
division
of
the
bill.
14
Division
X
of
the
bill
provides
that
if
contrary
to
15
the
rental
agreement
or
Code
section
562B.16
the
landlord
16
deliberately
or
negligently
fails
to
supply
running
water
17
or
other
essential
services,
the
tenant
may
give
written
18
notice
to
the
landlord
specifying
the
breach
and
may
do
one
19
of
the
following:
(1)
procure
reasonable
amounts
of
water
20
or
the
essential
service
during
the
period
of
the
landlord’s
21
noncompliance
and
deduct
the
actual
and
reasonable
cost
from
22
the
rent;
(2)
recover
damages
based
upon
the
diminution
in
the
23
fair
market
value
of
the
mobile
home
or
mobile
home
space;
24
or
(3)
recover
any
rent
already
paid
for
the
period
of
the
25
landlord’s
noncompliance
which
shall
be
reimbursed
on
a
pro
26
rata
basis.
27
Division
X
of
the
bill
takes
effect
upon
enactment
and
28
applies
to
actions
under
Code
section
562B.23A
filed
on
or
29
after
the
effective
date
of
the
division
of
the
bill.
30
Division
XI
of
the
bill
amends
Code
section
562B.25
by
31
providing
that
in
any
action
by
a
landlord
for
possession
32
based
upon
nonpayment
of
rent,
proof
by
the
tenant
of
all
of
33
the
following
shall
be
a
defense
to
any
action
or
claim
for
34
possession
by
the
landlord,
and
the
amounts
expended
by
the
35
-23-
LSB
6108YH
(2)
88
md/jh
23/
26
H.F.
2351
tenant
in
correcting
the
deficiencies
shall
be
deducted
from
1
the
amount
claimed
by
the
landlord
as
unpaid
rent:
(1)
that
2
the
landlord
failed
to
comply
either
with
the
rental
agreement
3
or
with
the
landlord’s
duty
to
maintain
a
fit
premises;
(2)
4
that
the
tenant
notified
the
landlord
at
least
seven
days
prior
5
to
the
due
date
of
the
tenant’s
rent
payment
of
the
tenant’s
6
intention
to
correct
the
condition
constituting
the
breach
7
referred
to
at
the
landlord’s
expense;
(3)
that
the
reasonable
8
cost
of
correcting
the
condition
constituting
the
breach
is
9
equal
to
or
less
than
one
month’s
periodic
rent;
and
(4)
that
10
the
tenant
in
good
faith
caused
the
condition
constituting
the
11
breach
to
be
corrected
prior
to
receipt
of
written
notice
of
12
the
landlord’s
intention
to
terminate
the
rental
agreement
for
13
nonpayment
of
rent.
14
Division
XI
of
the
bill
takes
effect
upon
enactment
and
15
applies
to
actions
by
a
landlord
for
possession
filed
on
or
16
after
the
effective
date
of
the
division
of
the
bill.
17
Code
section
562B.19(3)(a)
prohibits
a
landlord
from
denying
18
rental
unless
the
tenant
or
prospective
tenant
cannot
conform
19
to
manufactured
home
community
or
park
rules
and
regulations.
20
Division
XII
requires
any
such
decision
to
conform
to
21
recognized
principles,
rules,
and
standards
generally
accepted
22
by
the
professional
manufactured
home
community
or
park
23
industry
to
ensure
the
commercially
reasonable
safety
and
24
financial
security
of
comparable
manufactured
home
communities
25
or
parks.
Division
XII
also
requires
a
landlord
to
deliver
26
the
decision
in
writing
to
the
tenant
or
prospective
tenant
as
27
soon
as
commercially
feasible
and
shall
provide
the
basis
for
a
28
denial
in
writing
to
the
tenant
or
prospective
tenant
at
the
29
time
of
the
decision.
30
Code
section
562B.19(3)(c)
prohibits
a
landlord
from
denying
31
any
resident
of
a
manufactured
home
community
or
mobile
home
32
park
the
right
to
sell
that
person’s
mobile
home
at
a
price
of
33
the
person’s
own
choosing,
but
provides
that
the
landlord
has
34
the
right
to
approve
the
purchaser
of
such
mobile
home
as
a
35
-24-
LSB
6108YH
(2)
88
md/jh
24/
26
H.F.
2351
tenant
but
such
permission
may
not
be
unreasonably
withheld.
1
Division
XII
allows
such
permission
to
be
withheld
only
for
a
2
legitimate
business
reason
within
the
recognized
principles,
3
rules,
and
standards
accepted
by
the
industry.
If
the
landlord
4
refuses
to
approve
the
purchaser
of
the
mobile
home
as
a
5
tenant,
a
legitimate
business
reason
for
the
refusal
shall
be
6
provided
in
writing
to
the
resident
who
is
selling
the
mobile
7
home.
8
Division
XIII
of
the
bill
adds
to
the
list
of
prohibited
9
rental
agreement
provisions
in
Code
section
562B.11
a
provision
10
requiring
agreement
to
modify
the
physical
characteristics
or
11
equipment
of
the
mobile
home,
manufactured
home,
or
modular
12
home
if
such
modification
impairs
the
ability
of
the
tenant
13
to
move
the
home,
unless
otherwise
required
by
law
or
local
14
ordinance.
15
Division
XIV
of
the
bill
prohibits
rental
agreements
under
16
Code
chapter
562B
from
providing
that
the
tenant
or
landlord
17
does
any
of
the
following:
(1)
authorizing
a
person
to
confess
18
judgment
on
a
claim
arising
out
of
the
rental
agreement;
(2)
19
authorizing
imposition
of
fines,
penalties,
or
fees
solely
20
as
a
punishment
or
in
amounts
in
excess
of
actual
damages
or
21
costs
incurred;
and
(3)
authorizing
prohibitions,
limitations,
22
additional
deposits,
or
other
restrictive
policies
that
are
23
not
based
on
ordinary
wear
and
tear
expected
to
occur
during
a
24
tenancy
or
that
are
not
based
on
community
safety
standards.
25
Division
XIV
also
amends
language
relating
to
the
26
consequences
and
damages
for
using
a
rental
agreement
27
containing
provisions
known
to
be
prohibited
by
Code
chapter
28
562B.
29
Division
XV
of
the
bill
modifies
the
definition
of
“rental
30
deposit”
for
purposes
of
Code
chapter
562B,
provides
that
31
the
landlord
is
only
entitled
to
the
interest
earned
on
the
32
rental
deposit
for
the
first
five
years
of
the
tenancy,
and
33
establishes
authority
for
a
court,
in
any
action
on
a
rental
34
agreement,
to
award
reasonable
attorney
fees
to
the
prevailing
35
-25-
LSB
6108YH
(2)
88
md/jh
25/
26
H.F.
2351
party.
1
Division
XVI
of
the
bill
provides
that
any
sale
of
a
mobile
2
home
located
in
a
manufactured
home
community
or
mobile
home
3
park
by
a
landlord
or
landlord’s
agent
shall
be
by
written
4
agreement
and
the
landlord
must
produce
and
assign
the
5
current
certificate
of
title
obtained
from
the
department
of
6
transportation.
The
agreement
shall
state
the
basic
terms
of
7
sale,
including
the
total
cost
of
the
mobile
home,
finance
8
charges,
annual
percentage
rate,
and
the
frequency
and
amount
9
of
each
installment
payment.
Any
such
agreement
shall
also
10
comply
with
Code
section
103A.58(1),
relating
to
maximum
11
finance
charges.
The
bill
also
authorizes
a
buyer
to
void
12
any
such
sale
that
does
not
comply
with
the
requirements,
to
13
collect
specified
damage
amounts,
and
to
combine
such
an
action
14
with
a
forcible
entry
and
detainer
action
under
Code
chapter
15
648.
16
Division
XVII
of
the
bill
prohibits
the
use
of
nonjudicial
17
foreclosure
proceedings
initiated
under
Code
section
654.18
or
18
Code
chapter
655A
against
property
consisting
of
a
mobile
home,
19
as
defined
in
Code
section
562B.7,
on
or
after
July
1,
2020.
20
Division
XVII
of
the
bill
takes
effect
upon
enactment.
21
-26-
LSB
6108YH
(2)
88
md/jh
26/
26