SF 2245 (LSB 6223XS (2) 88)

SENATE FILE 2245

BY  SCHULTZ

A BILL FOR

An Act relating to the possession and storage of firearms by a tenant of a dwelling unit or mobile home space and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 562A.11, subsection 1, Code 2020, is amended to read as follows:
   1.  A rental agreement shall not provide that the tenant or landlord does any of the following:
   a.  Agrees to waive or to forego rights or remedies under this chapter provided that this restriction shall not apply to rental agreements covering single family residences on land assessed as agricultural land and located in an unincorporated area;.
   b.  Authorizes a person to confess judgment on a claim arising out of the rental agreement;.
   c.  Agrees to pay the other party’s attorney fees; or.
   d.  Agrees to the exculpation or limitation of any liability of the other party arising under law or to indemnify the other party for that liability or the associated costs connected therewith.
   e.  (1)  Agrees that the tenant shall not lawfully possess or store a firearm in the dwelling unit that the tenant rents.
   (2)  This paragraph does not prohibit a landlord from any of the following:
   (a)  Prohibiting the possession or storage of a firearm in an appurtenant structure on the premises that is detached from the dwelling unit.
   (b)  Terminating a rental agreement if the tenant crates a clear and present danger pursuant to section 562A.27A.
   f.  Agrees that the tenant will pay a fee or higher rent, have limited access to amenities offered, or otherwise be restricted due to the tenant’s lawful possession and storage of a firearm in the dwelling unit that the tenant rents.
    Sec. 2.  Section 562A.27A, subsection 2, paragraph b, Code 2020, is amended to read as follows:
   b.  Illegal use of a firearm or other weapon, the threat to use a firearm or other weapon illegally, or possession of an illegal firearm.  The mere possession or storage of a firearm by a tenant in the dwelling unit that the tenant rents does not constitute a clear and present danger.
    Sec. 3.  Section 562B.11, subsection 1, Code 2020, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  e.  (1)  Agrees that the tenant shall not lawfully possess or store a firearm in the dwelling unit.
   (2)  This paragraph does not prohibit a landlord from any of the following:
   (a)  Prohibiting the possession or storage of a firearm in an appurtenant structure that is detached from the dwelling unit on the mobile home space or in the mobile home park.
   (b)  Terminating a rental agreement if the tenant creates a clear and present danger pursuant to section 562B.25A.
   NEW PARAGRAPH.  f.  Agrees that the tenant will pay a fee or higher rent, have limited access to amenities offered, or otherwise be restricted due to the tenant’s lawful possession and storage of a firearm in the tenant’s dwelling unit.
    Sec. 4.  Section 562B.25A, subsection 2, paragraph b, Code 2020, is amended to read as follows:
   b.  Illegal use of a firearm or other weapon, the threat to use a firearm or other weapon illegally, or possession of an illegal firearm.  The mere possession or storage of a firearm by a tenant in the tenant’s dwelling unit does not constitute a clear and present danger.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the lawful possession and storage of firearms in a dwelling unit.
   The bill prohibits a landlord of a dwelling unit or mobile home space from including in a rental agreement a provision that prevents a tenant from lawfully possessing or storing a firearm in the dwelling unit. The bill also prohibits a landlord of a dwelling unit or mobile home space from including in a rental agreement a provision that the tenant will pay a fee or higher rent, have limited access to amenities offered, or otherwise be restricted due to the tenant’s lawful possession and storage of a firearm in the dwelling unit. In the context of a tenant leasing a mobile home space, “dwelling unit” excludes the real property used to accommodate a manufactured or mobile home. The bill does not prohibit a landlord from including in a rental agreement a provision that prohibits a tenant from possessing or storing a firearm in an appurtenant structure that is detached from the dwelling unit. The bill also does not prohibit a landlord from terminating a rental agreement if the tenant creates a clear and present danger. The bill provides that the mere possession or storage of a firearm by a tenant in the dwelling unit does not constitute a clear and present danger.
   A provision in a rental agreement that violates the bill is unenforceable. A tenant of a dwelling unit may recover from a landlord actual damages sustained by the tenant, not more than three months’ periodic rent, and reasonable attorney fees if the landlord willfully uses a rental agreement that contains provisions known by the landlord to be prohibited by the bill. A tenant of a mobile home space may recover from a landlord actual damages sustained if the landlord knowingly includes in the rental agreement a provision known to be prohibited by the bill.