Senate File 2245 - Introduced SENATE FILE 2245 BY SCHULTZ A BILL FOR An Act relating to the possession and storage of firearms by a 1 tenant of a dwelling unit or mobile home space and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6223XS (2) 88 js/rh

S.F. 2245 Section 1. Section 562A.11, subsection 1, Code 2020, is 1 amended to read as follows: 2 1. A rental agreement shall not provide that the tenant or 3 landlord does any of the following : 4 a. Agrees to waive or to forego rights or remedies under 5 this chapter provided that this restriction shall not apply to 6 rental agreements covering single family residences on land 7 assessed as agricultural land and located in an unincorporated 8 area ; . 9 b. Authorizes a person to confess judgment on a claim 10 arising out of the rental agreement ; . 11 c. Agrees to pay the other party’s attorney fees ; or . 12 d. Agrees to the exculpation or limitation of any liability 13 of the other party arising under law or to indemnify the other 14 party for that liability or the associated costs connected 15 therewith . 16 e. (1) Agrees that the tenant shall not lawfully possess or 17 store a firearm in the dwelling unit that the tenant rents. 18 (2) This paragraph does not prohibit a landlord from any of 19 the following: 20 (a) Prohibiting the possession or storage of a firearm in 21 an appurtenant structure on the premises that is detached from 22 the dwelling unit. 23 (b) Terminating a rental agreement if the tenant crates a 24 clear and present danger pursuant to section 562A.27A. 25 f. Agrees that the tenant will pay a fee or higher rent, 26 have limited access to amenities offered, or otherwise be 27 restricted due to the tenant’s lawful possession and storage of 28 a firearm in the dwelling unit that the tenant rents. 29 Sec. 2. Section 562A.27A, subsection 2, paragraph b, Code 30 2020, is amended to read as follows: 31 b. Illegal use of a firearm or other weapon, the threat to 32 use a firearm or other weapon illegally, or possession of an 33 illegal firearm. The mere possession or storage of a firearm 34 by a tenant in the dwelling unit that the tenant rents does not 35 -1- LSB 6223XS (2) 88 js/rh 1/ 3

S.F. 2245 constitute a clear and present danger. 1 Sec. 3. Section 562B.11, subsection 1, Code 2020, is amended 2 by adding the following new paragraphs: 3 NEW PARAGRAPH . e. (1) Agrees that the tenant shall not 4 lawfully possess or store a firearm in the dwelling unit. 5 (2) This paragraph does not prohibit a landlord from any of 6 the following: 7 (a) Prohibiting the possession or storage of a firearm in an 8 appurtenant structure that is detached from the dwelling unit 9 on the mobile home space or in the mobile home park. 10 (b) Terminating a rental agreement if the tenant creates a 11 clear and present danger pursuant to section 562B.25A. 12 NEW PARAGRAPH . f. Agrees that the tenant will pay a fee 13 or higher rent, have limited access to amenities offered, or 14 otherwise be restricted due to the tenant’s lawful possession 15 and storage of a firearm in the tenant’s dwelling unit. 16 Sec. 4. Section 562B.25A, subsection 2, paragraph b, Code 17 2020, is amended to read as follows: 18 b. Illegal use of a firearm or other weapon, the threat to 19 use a firearm or other weapon illegally, or possession of an 20 illegal firearm. The mere possession or storage of a firearm 21 by a tenant in the tenant’s dwelling unit does not constitute a 22 clear and present danger. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to the lawful possession and storage of 27 firearms in a dwelling unit. 28 The bill prohibits a landlord of a dwelling unit or 29 mobile home space from including in a rental agreement a 30 provision that prevents a tenant from lawfully possessing 31 or storing a firearm in the dwelling unit. The bill also 32 prohibits a landlord of a dwelling unit or mobile home space 33 from including in a rental agreement a provision that the 34 tenant will pay a fee or higher rent, have limited access 35 -2- LSB 6223XS (2) 88 js/rh 2/ 3

S.F. 2245 to amenities offered, or otherwise be restricted due to the 1 tenant’s lawful possession and storage of a firearm in the 2 dwelling unit. In the context of a tenant leasing a mobile 3 home space, “dwelling unit” excludes the real property used 4 to accommodate a manufactured or mobile home. The bill does 5 not prohibit a landlord from including in a rental agreement a 6 provision that prohibits a tenant from possessing or storing a 7 firearm in an appurtenant structure that is detached from the 8 dwelling unit. The bill also does not prohibit a landlord from 9 terminating a rental agreement if the tenant creates a clear 10 and present danger. The bill provides that the mere possession 11 or storage of a firearm by a tenant in the dwelling unit does 12 not constitute a clear and present danger. 13 A provision in a rental agreement that violates the bill is 14 unenforceable. A tenant of a dwelling unit may recover from a 15 landlord actual damages sustained by the tenant, not more than 16 three months’ periodic rent, and reasonable attorney fees if 17 the landlord willfully uses a rental agreement that contains 18 provisions known by the landlord to be prohibited by the bill. 19 A tenant of a mobile home space may recover from a landlord 20 actual damages sustained if the landlord knowingly includes in 21 the rental agreement a provision known to be prohibited by the 22 bill. 23 -3- LSB 6223XS (2) 88 js/rh 3/ 3