House File 2441 - Introduced HOUSE FILE 2441 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 833) (SUCCESSOR TO HF 442) A BILL FOR An Act relating to property law, including mobile homes and 1 manufactured housing, rental agreements, landlord and 2 tenant remedies for retaliation, wrongful failure to provide 3 essential services, rent increases, the sale of manufactured 4 home community or mobile home park, the repeal of the 5 manufactured home community and mobile home tax, forcible 6 entry and detainer actions, abandoned mobile homes, and 7 including effective date and applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 2003HZ (3) 89 cm/jh
H.F. 2441 DIVISION I 1 RETALIATION 2 Section 1. Section 562B.32, subsection 1, paragraph d, Code 3 2022, is amended to read as follows: 4 d. For exercising any of the rights and remedies pursuant 5 to this chapter or chapter 216 . 6 Sec. 2. Section 562B.32, subsection 2, Code 2022, is amended 7 to read as follows: 8 2. If the landlord acts in violation of subsection 1 9 of this section , the tenant is entitled to the remedies 10 provided in section 562B.24 and has a defense in an action for 11 possession. In an action by or against the tenant, evidence 12 of a complaint within six months one year prior to the alleged 13 act of retaliation creates a presumption that the landlord’s 14 conduct was in retaliation. The presumption does not arise 15 if the tenant made the complaint after notice of termination 16 of the rental agreement. For the purpose of this subsection , 17 “presumption” means that the trier of fact must find the 18 existence of the fact presumed unless and until evidence is 19 introduced which would support a finding of its nonexistence. 20 DIVISION II 21 RENTAL AGREEMENTS 22 Sec. 3. Section 562B.7, subsection 10, Code 2022, is amended 23 to read as follows: 24 10. “Rent” means a payment to be made to the landlord under 25 the rental agreement , including base rent, utilities, late 26 fees, and other payments made by the tenant to the landlord 27 under the rental agreement . 28 Sec. 4. Section 562B.10, subsection 5, Code 2022, is amended 29 to read as follows: 30 5. Rental agreements shall be for a term of one year unless 31 otherwise specified in the rental agreement. Rental agreements 32 shall be canceled by at least sixty ninety days’ written notice 33 given by either party. A landlord shall not cancel a rental 34 agreement solely for the purpose of making the tenant’s mobile 35 -1- LSB 2003HZ (3) 89 cm/jh 1/ 28
H.F. 2441 home space available for another mobile home. 1 Sec. 5. Section 562B.14, subsection 7, Code 2022, is amended 2 to read as follows: 3 7. Each tenant shall be notified, in writing, of any rent 4 increase at least sixty ninety days before the effective date. 5 Such effective date shall not be sooner than the expiration 6 date of the original rental agreement or any renewal or 7 extension thereof. 8 Sec. 6. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 Sec. 7. APPLICABILITY. This division of this Act applies to 11 rent increases first noticed under chapter 562B occurring on or 12 after the effective date of this division of this Act. 13 DIVISION III 14 DISCLOSURE OF UTILITY CHARGES 15 Sec. 8. Section 562B.14, subsection 6, Code 2022, is amended 16 to read as follows: 17 6. a. The landlord or any person authorized to enter into 18 a rental agreement on the landlord’s behalf shall provide a 19 written explanation of utility rates, charges and services to 20 the prospective tenant before the rental agreement is signed 21 unless the utility charges are paid by the tenant directly to 22 the utility company. 23 b. Tenants shall be notified of any increase in utility 24 rates or charges in the manner set forth in subsection 7, for 25 rent increases, unless the landlord obtains the utility service 26 from a utility provider and does not receive at least ninety 27 days prior notice of such increase from the utility provider in 28 which case no prior notice of the increase from the landlord to 29 the tenant is required for the increase to be effective. 30 DIVISION IV 31 WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES 32 Sec. 9. NEW SECTION . 562B.23A Wrongful failure to supply 33 running water or essential services. 34 1. If contrary to the rental agreement or section 562B.16 35 -2- LSB 2003HZ (3) 89 cm/jh 2/ 28
H.F. 2441 the landlord deliberately or negligently fails to supply 1 running water or other essential services, the tenant may give 2 written notice to the landlord specifying the breach and may 3 do one of the following: 4 a. Procure reasonable amounts of water or other essential 5 services during the period of the landlord’s noncompliance and 6 deduct the actual and reasonable cost from the rent. 7 b. Recover damages based upon the diminution in the fair 8 market value of the mobile home space. 9 c. Recover any rent already paid for the period of the 10 landlord’s noncompliance which shall be reimbursed on a pro 11 rata basis. 12 2. If the tenant proceeds under this section, the tenant may 13 not proceed under section 562B.22 as to that breach. 14 3. The rights under this section do not arise until the 15 tenant has given notice to the landlord or if the condition was 16 caused by the deliberate or negligent act or omission of the 17 tenant, a member of the tenant’s family, or other person on the 18 premises with the consent of the tenant. 19 Sec. 10. EFFECTIVE DATE. This division of this Act, being 20 deemed of immediate importance, takes effect upon enactment. 21 DIVISION V 22 DENIAL OF RENTAL OR REFUSAL OF SALE 23 Sec. 11. Section 562B.19, subsection 3, paragraph c, Code 24 2022, is amended to read as follows: 25 c. Deny any resident of a manufactured home community 26 or mobile home park the right to sell that person’s mobile 27 home at a price of the person’s own choosing, but may reserve 28 the right to approve the purchaser of such mobile home as a 29 tenant but such permission may not be unreasonably withheld, 30 provided however, that the landlord may, in the event of a 31 sale to a third party, in order to upgrade the quality of 32 the manufactured home community or mobile home park, require 33 that any mobile home in a rundown condition or in disrepair be 34 removed from the manufactured home community or park within 35 -3- LSB 2003HZ (3) 89 cm/jh 3/ 28
H.F. 2441 sixty days. If the landlord does not approve the purchaser as 1 a tenant, the landlord shall provide the purchaser with written 2 notice of such denial and the general reason for the denial, 3 but the landlord shall not be required to provide a specific 4 reason for the denial. 5 DIVISION VI 6 PROHIBITED RENTAL AGREEMENT PROVISION —— HOME EQUIPMENT 7 Sec. 12. Section 562B.11, subsection 1, Code 2022, is 8 amended by adding the following new paragraph: 9 NEW PARAGRAPH . e. Agrees to modify the mobile home, 10 manufactured home, or modular home in a way that would 11 substantially impair the ability of the tenant to move the 12 home from the mobile home space, unless such modification is 13 required by federal law, including but not limited to the 14 model manufactured home installation standards, 24 C.F.R. pt. 15 3285, the manufactured home construction and safety standards, 16 24 C.F.R. pt. 3280, or the manufactured home procedural and 17 enforcement regulations, 24 C.F.R. pt. 3282, or by state or 18 local law, the manufacturer’s installation instructions, any 19 requirement arising from the landlord’s financing of the home 20 or of the mobile home park or manufactured home community in 21 which the home is located, or unless such modification is 22 otherwise necessary for the safe and proper installation of the 23 home. 24 DIVISION VII 25 LANDLORD SALES 26 Sec. 13. NEW SECTION . 562B.17A Sale of mobile home by 27 landlord. 28 1. Any sale of a mobile home located in a manufactured home 29 community or mobile home park by a landlord or landlord’s agent 30 shall be by written agreement and the landlord shall, upon the 31 buyer’s fulfillment of all payment and other terms under the 32 agreement, produce and assign the current certificate of title 33 obtained from the department of transportation. The agreement 34 shall state the basic terms of sale, including the total 35 -4- LSB 2003HZ (3) 89 cm/jh 4/ 28
H.F. 2441 cost of the mobile home, and, in the case of an installment 1 contract, finance charges, annual percentage rate, and the 2 frequency and amount of each installment payment. 3 2. If such sale does not comply with this section, the 4 court may award monetary or equitable relief, including voiding 5 the sale, and the buyer may recover damages incurred, amounts 6 paid as a rental deposit in excess of two months’ rent, and 7 reasonable attorney fees. 8 3. A claim under subsection 2 may be combined with an action 9 under chapter 648. 10 Sec. 14. Section 648.19, subsection 1, Code 2022, is amended 11 to read as follows: 12 1. An action under this chapter shall not be filed in 13 connection with any other action, with the exception of a claim 14 for rent or recovery as provided in section 555B.3 , 562A.24 , 15 562A.32 , 562B.17A, 562B.22 , 562B.25 , or 562B.27 , nor shall it 16 be made the subject of counterclaim. 17 DIVISION VIII 18 SALE OF MANUFACTURED HOME COMMUNITY OR MOBILE HOME PARK 19 Sec. 15. NEW SECTION . 562B.16A Sale of manufactured home 20 community or mobile home park —— notices. 21 Upon termination of the landlord’s interest in the 22 manufactured home community or mobile home park, the landlord’s 23 successor in interest shall have the same legal obligations, 24 rights, and remedies of the landlord, including with respect to 25 all rental agreements. 26 Sec. 16. APPLICABILITY. This division of this Act applies 27 to manufactured home community or mobile home park sale 28 transactions made on or after the effective date of this 29 division of this Act. 30 DIVISION IX 31 MANUFACTURED HOME AND MOBILE HOME TAX 32 Sec. 17. Section 29C.24, subsection 3, paragraph a, 33 subparagraph (6), Code 2022, is amended to read as follows: 34 (6) The assessment of property taxes by the department 35 -5- LSB 2003HZ (3) 89 cm/jh 5/ 28
H.F. 2441 of revenue under sections 428.24 through 428.26 , 428.28 , and 1 428.29 , or chapters 433 , 434 , 435 , and 437 through 438 , or by 2 a local assessor under another provision of law, on property 3 brought into the state to aid in the performance of disaster 4 or emergency-related work during a disaster response period if 5 such property does not remain in the state after the conclusion 6 of the disaster response period. 7 Sec. 18. Section 321.24, subsection 1, Code 2022, is amended 8 to read as follows: 9 1. Upon receipt of the application for title and payment of 10 the required fees for a motor vehicle, trailer, or semitrailer, 11 the county treasurer or the department shall, when satisfied 12 as to the application’s genuineness and regularity, and, in 13 the case of a mobile home or manufactured home, that taxes 14 are not owing under chapter 423 or 435 , issue a certificate 15 of title and, except for a mobile home or manufactured home, 16 a registration receipt, and shall file the application, the 17 manufacturer’s or importer’s certificate, the certificate of 18 title, or other evidence of ownership, as prescribed by the 19 department. The registration receipt shall be delivered to the 20 owner and shall contain upon its face the date issued, the name 21 and address of the owner, the registration number assigned to 22 the vehicle, the amount of the fee paid, the type of fuel used, 23 a description of the vehicle as determined by the department, 24 and a form for notice of transfer of the vehicle. The name 25 and address of any lessee of the vehicle shall not be printed 26 on the registration receipt or certificate of title. Up to 27 three owners may be listed on the registration receipt and 28 certificate of title. 29 Sec. 19. Section 321.30, subsection 1, paragraph j, Code 30 2022, is amended by striking the paragraph. 31 Sec. 20. Section 321.46, subsection 2, Code 2022, is amended 32 to read as follows: 33 2. Upon filing the application for a new registration and 34 a new title, the applicant shall pay a title fee of twenty 35 -6- LSB 2003HZ (3) 89 cm/jh 6/ 28
H.F. 2441 dollars, an annual registration fee prorated for the remaining 1 unexpired months of the registration year, and a fee for new 2 registration if applicable. A manufacturer applying for a 3 certificate of title pursuant to section 322G.12 shall pay a 4 title fee of ten dollars. However, a title fee shall not be 5 charged to a manufactured or mobile home retailer applying for 6 a certificate of title for a used mobile home or manufactured 7 home, titled in Iowa, as required under section 321.45, 8 subsection 4 . The county treasurer, if satisfied of the 9 genuineness and regularity of the application , and in the case 10 of a mobile home or manufactured home, that taxes are not owing 11 under chapter 435 , and that the applicant has complied with all 12 the requirements of this chapter , shall issue a new certificate 13 of title and, except for a mobile home, manufactured home, 14 or a vehicle returned to and accepted by a manufacturer as 15 described in section 322G.12 , a registration card to the 16 purchaser or transferee, shall cancel the prior registration 17 for the vehicle, and shall forward the necessary copies to the 18 department on the date of issuance, as prescribed in section 19 321.24 . Mobile homes or manufactured homes titled under 20 chapter 448 that have been subject under section 446.18 to a 21 public bidder sale in a county shall be titled in the county’s 22 name, with no fee, and the county treasurer shall issue the 23 title. 24 Sec. 21. Section 321.101, subsection 2, Code 2022, is 25 amended to read as follows: 26 2. The department shall cancel a certificate of title that 27 appears to have been improperly issued or fraudulently obtained 28 or, in the case of a mobile home or manufactured home, if taxes 29 were owing under chapter 435 at the time the certificate was 30 issued and have not been paid. However, before the certificate 31 to a mobile home or manufactured home for which taxes were 32 owing can be canceled, notice and opportunity to pay the taxes 33 must be given to the person to whom the certificate was issued. 34 Upon cancellation of a certificate of title, the department 35 -7- LSB 2003HZ (3) 89 cm/jh 7/ 28
H.F. 2441 shall notify the county treasurer who issued it, who shall 1 enter the cancellation upon the records . The department shall 2 also notify the person to whom the certificate of title was 3 issued, as well as each lienholder who has a perfected lien, 4 of the cancellation and shall demand the surrender of the 5 certificate of title, but the cancellation shall not affect the 6 validity of any perfected lien. 7 Sec. 22. Section 321.123, subsection 2, paragraph b, Code 8 2022, is amended to read as follows: 9 b. A travel trailer may be stored under section 321.134 , 10 provided the travel trailer is not used for human habitation 11 for any period during storage and is not moved upon the 12 highways of the state. A travel trailer stored under section 13 321.134 is not subject to a manufactured or mobile home tax 14 assessed under chapter 435 . 15 Sec. 23. Section 331.429, subsection 1, paragraphs a and b, 16 Code 2022, are amended to read as follows: 17 a. Transfers from the general fund not to exceed in any year 18 the dollar equivalent of a tax of sixteen and seven-eighths 19 cents per thousand dollars of assessed value on all taxable 20 property in the county multiplied by the ratio of current 21 taxes actually collected and apportioned for the general basic 22 levy to the total general basic levy for the current year, 23 and an amount equivalent to the moneys derived by the general 24 fund from military service tax credits under chapter 426A , 25 manufactured or mobile home taxes under section 435.22 , and 26 delinquent taxes for prior years collected and apportioned to 27 the general basic fund in the current year, multiplied by the 28 ratio of sixteen and seven-eighths cents to three dollars and 29 fifty cents. The limit on transfers in this paragraph applies 30 only to property tax revenue and is not a limit on transfers of 31 revenue generated from sources other than property taxes. 32 b. Transfers from the rural services fund not to exceed 33 in any year the dollar equivalent of a tax of three dollars 34 and three-eighths cents per thousand dollars of assessed value 35 -8- LSB 2003HZ (3) 89 cm/jh 8/ 28
H.F. 2441 on all taxable property not located within the corporate 1 limits of a city in the county multiplied by the ratio of 2 current taxes actually collected and apportioned for the rural 3 services basic levy to the total rural services basic levy 4 for the current year and an amount equivalent to the moneys 5 derived by the rural services fund from military service tax 6 credits under chapter 426A , manufactured or mobile home taxes 7 under section 435.22 , and delinquent taxes for prior years 8 collected and apportioned to the rural services basic fund in 9 the current year, multiplied by the ratio of three dollars and 10 three-eighths cents to three dollars and ninety-five cents. 11 The limit on transfers in this paragraph applies only to 12 property tax revenue and is not a limit on transfers of revenue 13 generated from sources other than property taxes. 14 Sec. 24. Section 331.559, subsection 1, Code 2022, is 15 amended by striking the subsection. 16 Sec. 25. Section 331.653, subsection 17, Code 2022, is 17 amended by striking the subsection. 18 Sec. 26. Section 335.30A, subsection 2, Code 2022, is 19 amended to read as follows: 20 2. “Land-leased community” means any site, lot, field, 21 or tract of land under common ownership upon which ten or 22 more occupied manufactured homes are harbored, either free of 23 charge or for revenue purposes, and shall include any building, 24 structure, or enclosure used or intended for use as part of the 25 equipment of the land-leased community. The term “land-leased 26 community” shall not be construed to include homes, buildings, 27 or other structures temporarily maintained by any individual, 28 educational institution, or company on their own premises and 29 used exclusively to house their own labor or students. A 30 manufactured home located in a land-leased community shall be 31 taxed under section 435.22 as if the manufactured home were 32 located in a mobile home park. 33 Sec. 27. Section 414.28A, subsection 3, Code 2022, is 34 amended by striking the subsection. 35 -9- LSB 2003HZ (3) 89 cm/jh 9/ 28
H.F. 2441 Sec. 28. Section 427A.1, subsection 1, paragraph c, Code 1 2022, is amended to read as follows: 2 c. Buildings, structures, or improvements, any of which are 3 constructed on or in the land, attached to the land, or placed 4 upon a foundation whether or not attached to the foundation. 5 However, property taxed under chapter 435 , property that is a 6 concrete batch plant as that term is defined in subsection 4 , 7 and to the extent provided in subsection 7 , property that is 8 transmission property shall not be assessed and taxed as real 9 property. 10 Sec. 29. Section 435.2, Code 2022, is amended to read as 11 follows: 12 435.2 Placement and taxation. 13 1. If a mobile home is placed outside a mobile home park 14 or manufactured home community , the home is to be assessed and 15 taxed as real estate. If and while a mobile home is placed 16 inside a mobile home park or manufactured home community, the 17 home, as well as any and all garages, accessory buildings, and 18 appurtenances to the home, are exempt from property tax. 19 2. If a manufactured home is placed in a manufactured home 20 community or a mobile home park, the home must be titled , and 21 is subject to the manufactured or mobile home square foot tax 22 the home, as well as any and all garages, accessory buildings, 23 and appurtenances to the home, are exempt from property tax . 24 If a manufactured home is placed outside a manufactured home 25 community or a mobile home park, the home must be titled and is 26 to be assessed and taxed as real estate. 27 3. For the purposes of this chapter , a modular home shall 28 not be construed to be a mobile home or manufactured home. If 29 a modular home is placed inside or outside a manufactured home 30 community or a mobile home park, the home shall be considered 31 real property and is to be assessed and taxed as real estate. 32 However, if If a modular home is placed in a manufactured home 33 community or mobile home park which was in existence on or 34 before January 1, 1998 , that modular home , as well as any and 35 -10- LSB 2003HZ (3) 89 cm/jh 10/ 28
H.F. 2441 all garages, accessory buildings, and appurtenances to the 1 home, shall be subject to property tax pursuant to section 2 435.22 exempt from property tax . This subsection shall not 3 prohibit the location of a modular home within a manufactured 4 home community or mobile home park. 5 Sec. 30. Section 435.23, Code 2022, is amended to read as 6 follows: 7 435.23 Exemptions —— prorating tax . 8 1. The manufacturer’s and retailer’s inventory of mobile 9 homes, manufactured homes, or modular homes not in use as a 10 place of human habitation shall be exempt from the annual 11 property tax and any personal property tax . All travel 12 trailers, fifth-wheel travel trailers, and towable recreational 13 vehicles shall be exempt from this tax. The homes, travel 14 trailers, fifth-wheel travel trailers, and towable recreational 15 vehicles in the inventory of manufacturers and retailers shall 16 be exempt from personal property tax. 17 2. The homes coming into Iowa from out of state and located 18 in a manufactured home community or mobile home park shall 19 be liable for the tax computed pro rata to the nearest whole 20 month, for the time the home is actually situated in Iowa. 21 Sec. 31. Section 435.24, Code 2022, is amended by striking 22 the section and inserting in lieu thereof the following: 23 435.24 Location of homes and reporting. 24 1. Upon issuance of a certificate of title or upon 25 transporting the home to a new site or to a location outside 26 of a manufactured home community or mobile home park, the home 27 owner shall file the address, township, and school district 28 of the location where the home is parked with the county 29 assessor’s office. Failure to comply is punishable as set out 30 in section 435.18. 31 2. Each manufactured home community or mobile home park 32 owner or manager shall notify monthly the county assessor 33 concerning any home arriving in or departing from the 34 manufactured home community or mobile home park. The records 35 -11- LSB 2003HZ (3) 89 cm/jh 11/ 28
H.F. 2441 of the community or park owner shall be open to inspection by a 1 duly authorized representative of any law enforcement agency. 2 The manufactured home community or mobile home park owner or 3 manager shall make an annual report to the county assessor due 4 June 1 of the homes sited in the manufactured home community or 5 mobile home park, listing the owner and mailing address of each 6 home located in the manufactured home community or mobile home 7 park. The report is delinquent if not filed with the county 8 assessor by June 30. 9 Sec. 32. Section 435.26A, subsection 3, Code 2022, is 10 amended to read as follows: 11 3. After the surrender of a manufactured home’s certificate 12 of title under this section , the manufactured home shall 13 continue to be taxed under section 435.22 and is not eligible 14 for the homestead tax credit or the military service tax 15 exemption. A foreclosure action on a manufactured home 16 whose title has been surrendered under this section shall be 17 conducted as a real estate foreclosure. A tax lien and its 18 priority shall remain the same on a manufactured home after its 19 certificate of title has been surrendered. 20 Sec. 33. Section 435.27, subsections 1 and 3, Code 2022, are 21 amended to read as follows: 22 1. A mobile home or manufactured home converted to real 23 estate under section 435.26 may be reconverted to a home as 24 provided in this section when it is moved to a manufactured 25 home community or mobile home park or a manufactured or mobile 26 home retailer’s inventory. When the home is located within 27 a manufactured home community or mobile home park, the home , 28 as well as any and all garages, accessory buildings, and 29 appurtenances to the home, shall be taxed pursuant to section 30 435.22, subsection 1 , paragraph “a” exempt from property tax as 31 provided in this chapter . 32 3. After compliance with subsection 2 and receipt of the 33 title, the owner shall notify the assessor of the reconversion. 34 The assessor shall remove the assessed valuation of the home 35 -12- LSB 2003HZ (3) 89 cm/jh 12/ 28
H.F. 2441 from assessment rolls as of the succeeding January 1 when the 1 home becomes subject to taxation as provided under section 2 435.24 , as well as any and all garages, accessory buildings, 3 and appurtenances to the home, become exempt from property tax 4 as provided in this chapter . 5 Sec. 34. Section 435.33, Code 2022, is amended to read as 6 follows: 7 435.33 Rent reimbursement. 8 A home owner who qualifies for a reduced tax rate provided 9 in section 435.22 the exemption under this chapter and who 10 rents a space upon which to set the home shall be entitled to 11 the protections provided in sections 425.33 through 425.36 12 and if the home owner who qualifies for a reduced tax rate 13 the exemption believes that a landlord has increased the home 14 owner’s rent because the home owner is eligible for a reduced 15 tax rate the exemption , the provisions of sections 425.33 and 16 425.36 shall be applicable. 17 Sec. 35. Section 445.1, subsection 8, Code 2022, is amended 18 to read as follows: 19 8. “Taxes” means an annual ad valorem tax, a special 20 assessment, a drainage tax, and a rate or charge , and taxes 21 on homes pursuant to chapter 435 which are collectible by the 22 county treasurer. 23 Sec. 36. Section 445.5, subsection 6, Code 2022, is amended 24 to read as follows: 25 6. The county treasurer shall deliver to the taxpayer a 26 receipt stating the year of tax, date of payment, a description 27 of the parcel, and the amount of taxes, interest, fees, and 28 costs paid when payment is made by cash tender. A receipt 29 for other payment tender types shall only be delivered upon 30 request. The receipt shall be in full for the first half, 31 second half, or full year amounts unless a payment is made 32 under section 445.36A or 435.24, subsection 6 . 33 Sec. 37. Section 445.57, subsection 1, Code 2022, is amended 34 to read as follows: 35 -13- LSB 2003HZ (3) 89 cm/jh 13/ 28
H.F. 2441 1. On or before the tenth day of each month, the county 1 treasurer shall apportion all taxes collected during the 2 preceding month, except partial payment amounts collected 3 pursuant to section 445.36A, subsection 1 , partial payments 4 collected and not yet designated by the county treasurer 5 for apportionment pursuant to section 445.36A, subsection 6 2 , partial payments collected pursuant to section 435.24, 7 subsection 6 , paragraph “a” , and partial payments collected and 8 not yet designated by the county treasurer for apportionment 9 pursuant to section 435.24, subsection 6 , paragraph “b” , among 10 the several funds to which they belong according to the amount 11 levied for each fund, and shall apportion the interest, fees, 12 and costs on the taxes to the general fund, and shall enter 13 those amounts upon the treasurer’s cash account, and report the 14 amounts to the county auditor. 15 Sec. 38. Section 555B.2, subsection 1, Code 2022, is amended 16 to read as follows: 17 1. A real property owner may remove or cause to be removed 18 a mobile home and other personal property which is unlawfully 19 parked, placed, or abandoned on that real property, and may 20 cause the mobile home and personal property to be placed in 21 storage until the owner of the personal property pays a fair 22 and reasonable charge for removal, storage, or other expense 23 incurred, including reasonable attorney fees, or until a 24 judgment of abandonment is entered pursuant to section 555B.8 25 provided that there is no lien on the mobile home or personal 26 property other than a tax lien pursuant to chapter 435 . For 27 purposes of this chapter , a lien other than a tax lien exists 28 only if the real property owner receives notice of a lien 29 on the standardized registration form completed by a tenant 30 pursuant to section 562B.27, subsection 3 , or a lien has been 31 filed in state or county records on a date before the mobile 32 home is considered to be abandoned. The real property owner 33 or the real property owner’s agent is not liable for damages 34 caused to the mobile home and personal property by the removal 35 -14- LSB 2003HZ (3) 89 cm/jh 14/ 28
H.F. 2441 or storage unless the damage is caused willfully or by gross 1 negligence. 2 Sec. 39. Section 555C.1, subsection 5, paragraph b, Code 3 2022, is amended to read as follows: 4 b. A lien of record , other than a tax lien as provided in 5 chapter 435 , does not exist against the home. A lien exists 6 only if the real property owner receives notice of a lien on 7 the standardized registration form completed by an owner or 8 occupant pursuant to chapter 562B , or a lien has been filed 9 in the state or county records on a date before the home is 10 considered to be valueless. 11 Sec. 40. Section 555C.3, Code 2022, is amended to read as 12 follows: 13 555C.3 New title —— third party. 14 If a new title to a valueless home is to be issued to a 15 third party, the county treasurer shall issue a new title, upon 16 receipt of the affidavit required in section 555C.2 and payment 17 of a fee pursuant to section 321.47 . Any tax lien levied 18 pursuant to chapter 435 is canceled and the The ownership 19 interest of the previous owner or occupant of the valueless 20 home is terminated as of the date of issuance of the new title. 21 The new title owner shall take the title free of all rights and 22 interests even though the manufactured home community or mobile 23 home park owner fails to comply with the requirements of this 24 chapter or any judicial proceedings, if the new title owner 25 acts in good faith. 26 Sec. 41. REPEAL. Sections 435.22, 435.25, and 435.29, Code 27 2022, are repealed. 28 Sec. 42. SAVINGS PROVISION. This division of this Act, 29 pursuant to section 4.13, does not affect the operation of, 30 or prohibit the application of, prior provisions of chapter 31 435, or rules adopted under chapter 17A to administer prior 32 provisions of chapter 435, for taxes due and payable under 33 chapter 435 in fiscal years beginning before July 1, 2022, and 34 for duties, powers, protests, appeals, proceedings, actions, or 35 -15- LSB 2003HZ (3) 89 cm/jh 15/ 28
H.F. 2441 remedies attributable to taxes due and payable under chapter 1 435 in fiscal years beginning before July 1, 2022. 2 Sec. 43. APPLICABILITY. This division of this Act applies 3 to taxes due and payable under chapter 435 in fiscal years 4 beginning on or after July 1, 2022. 5 DIVISION X 6 FORCIBLE ENTRY AND DETAINER 7 Sec. 44. Section 648.5, subsections 1 and 3, Code 2022, are 8 amended to read as follows: 9 1. a. An action for forcible entry and detainer shall 10 be brought in a county where all or part of the premises is 11 located. Such an action shall be tried as an equitable action. 12 Upon receipt of the petition, the court shall set a date, time, 13 and place for hearing. The court shall set the date of hearing 14 no later than eight days from the filing date, except that the 15 court shall set a later hearing date no later than fifteen days 16 from the date of filing if the plaintiff requests or consents 17 to the later date of hearing. 18 b. The requirement regarding the setting of the initial 19 hearing in paragraph “a” is not a jurisdictional requirement and 20 does not affect the court’s subject matter jurisdiction to hear 21 the action for forcible entry and detainer. 22 3. Service of original notice by mail is deemed completed 23 four days after the notice is deposited in the mail and 24 postmarked for delivery, whether or not the recipient signs a 25 receipt for the original notice. In computing the time for 26 completion of service, the first day shall be excluded and the 27 final day shall be included regardless of whether the fourth 28 day is a Saturday, Sunday, or federal holiday. 29 Sec. 45. Section 648.18, Code 2022, is amended to read as 30 follows: 31 648.18 Possession —— bar. 32 1. Thirty Except for actions governed by subsection 2, 33 thirty days’ peaceable possession with the knowledge of the 34 plaintiff after the cause of action accrues is a bar to this 35 -16- LSB 2003HZ (3) 89 cm/jh 16/ 28
H.F. 2441 proceeding. 1 2. For an action based upon the nonpayment of rent, ninety 2 days’ peaceable possession with the knowledge of the plaintiff 3 after the cause of action accrues is a bar to such action. 4 DIVISION XI 5 ABANDONED MOBILE HOMES 6 Sec. 46. Section 555B.3, Code 2022, is amended to read as 7 follows: 8 555B.3 Action for abandonment —— jurisdiction. 9 A real property owner not requesting notification by the 10 sheriff as provided in section 555B.2 may bring an action 11 alleging abandonment in the court within the county where the 12 real property is located provided that there is no lien on 13 the mobile home or personal property other than a tax lien 14 pursuant to chapter 435 . The action shall be tried as an 15 equitable action. Unless commenced as a small claim, the 16 petition shall be presented to a district judge. Upon receipt 17 of the petition, either the court or the clerk of the district 18 court shall set a date for a hearing not later than fourteen 19 days from the date of the receipt of the petition , except where 20 there is a lien on the mobile home or personal property other 21 than a tax lien, the court or the clerk of the district court 22 shall set a date for a hearing no sooner than twenty-five days 23 from the date of the receipt of the petition so as to allow for 24 service on the lienholder . 25 Sec. 47. Section 555B.4, Code 2022, is amended by adding the 26 following new subsections: 27 NEW SUBSECTION . 4. If a lien other than a tax lien exists 28 on the mobile home or personal property at the time an action 29 for abandonment is initiated, the personal service pursuant 30 to the Iowa rules of civil procedure shall be made upon the 31 lienholder no less than twenty days before the hearing. The 32 notice to the lienholder shall describe the mobile home and 33 shall state the docket, case number, date, and time at which 34 the hearing is scheduled, and the lienholder’s right to assert 35 -17- LSB 2003HZ (3) 89 cm/jh 17/ 28
H.F. 2441 a claim to the mobile home at the hearing. The notice shall 1 state that failure to assert a claim to the mobile home within 2 the judicial proceedings is deemed a waiver of all rights, 3 title, claims, and interest in the mobile home and deemed to 4 be consent to the sale or disposal of the mobile home. If 5 personal service cannot be completed in time to give the 6 lienholder the minimum notice required by this subsection, the 7 court may set a new hearing date. 8 NEW SUBSECTION . 5. In the event a tenant who was sole owner 9 of a mobile home dies during the term of the rental agreement 10 resulting in the mobile home being abandoned, service shall be 11 made in accordance with section 562B.10, subsection 7. 12 Sec. 48. Section 555B.8, subsections 2 and 3, Code 2022, are 13 amended to read as follows: 14 2. If Except as otherwise ordered by the court, if the 15 mobile home owner or other claimant asserts a claim to the 16 property, the judgment shall be satisfied before the mobile 17 home owner or other claimant may take possession of the mobile 18 home or personal property. 19 3. If no claim is asserted to the mobile home or personal 20 property or if the judgment is not satisfied at the time of 21 entry, an order shall be entered allowing the real property 22 owner to sell or otherwise dispose of the mobile home and 23 personal property pursuant to section 555B.9 . If Except as 24 otherwise ordered by the court, if a claimant satisfies the 25 judgment at the time of entry, the court shall enter an order 26 permitting and directing the claimant to remove the mobile home 27 or personal property from its location within a reasonable time 28 to be fixed by the court. The court shall also determine the 29 amount of further rent or storage charges to be paid by the 30 claimant to the real property owner at the time of removal. 31 Sec. 49. Section 555B.9, subsections 1, 2, and 4, Code 2022, 32 are amended to read as follows: 33 1. Pursuant to an order for disposal under section 555B.8, 34 subsection 3 , the real property owner shall dispose of the 35 -18- LSB 2003HZ (3) 89 cm/jh 18/ 28
H.F. 2441 mobile home and personal property by public or private sale in 1 a commercially reasonable manner. If the personal property 2 owner , lienholder, or other claimant has asserted a claim 3 to the mobile home or personal property within the judicial 4 proceedings , that person shall be notified of the sale by 5 restricted certified mail not less than five days before the 6 sale. The notice is deemed given upon the mailing. The real 7 property owner may buy at any public sale, and if the mobile 8 home or personal property is of a type customarily sold in 9 a recognized market or is the subject of widely distributed 10 standard price quotations, the real property owner may buy at a 11 private sale. 12 2. A sale pursuant to subsection 1 transfers to the 13 purchaser for value, all of the mobile home owner’s rights 14 in the mobile home and personal property, and discharges the 15 real property owner’s interest in the mobile home and personal 16 property , and any tax lien , and any other lien . The purchaser 17 takes free of all rights and interests even though the real 18 property owner fails to comply with the requirements of this 19 chapter or of any judicial proceedings, if the purchaser acts 20 in good faith. 21 4. Notwithstanding subsections 1 through 3 , the real 22 property owner may propose to retain the mobile home and 23 personal property in satisfaction of the judgment obtained 24 pursuant to section 555B.8 . Written notice of the proposal 25 shall be sent to the mobile home owner , lienholder, or other 26 claimant, if that person has asserted a claim to the mobile 27 home or personal property in the judicial proceedings. If 28 the real property owner receives objection in writing from 29 the mobile home owner , lienholder, or other claimant within 30 twenty-one days after the notice was sent, the real property 31 owner shall dispose of the mobile home and personal property 32 pursuant to subsection 1 . If no written objection is received 33 by the real property owner within twenty-one days after the 34 notice was sent, the mobile home and personal property may be 35 -19- LSB 2003HZ (3) 89 cm/jh 19/ 28
H.F. 2441 retained. Retention of the mobile home and personal property 1 discharges the judgment of the real property owner , and any tax 2 lien , and any other lien . 3 Sec. 50. Section 555B.9, subsection 3, Code 2022, is amended 4 by adding the following new paragraph: 5 NEW PARAGRAPH . 0c. Third, to satisfy any other lien 6 for which a claim was asserted pursuant to section 555B.4, 7 subsection 4. 8 Sec. 51. Section 562B.10, subsection 7, Code 2022, is 9 amended to read as follows: 10 7. a. If a tenant who was sole owner of a mobile home dies 11 during the term of a rental agreement then that person’s heirs 12 at law or legal the personal representative of the decedent’s 13 estate, or the landlord shall have the right to cancel the 14 tenant’s lease by giving sixty days’ written notice to the 15 person’s heirs at law or legal the personal representative 16 of the decedent’s estate, or to the landlord, whichever 17 is appropriate, and the heirs at law or the legal personal 18 representative of the decedent’s estate, shall have the same 19 rights, privileges and liabilities of the original tenant , 20 provided that such heirs at law and personal representative 21 of the estate shall not have the right to occupy or otherwise 22 use the home or mobile home space as a tenant unless approved 23 by the landlord as a tenant. In the event the landlord, 24 after such a written notice is given and the tenant’s lease 25 is canceled, brings an action for forcible entry and detainer 26 or action for abandonment, the estate of the tenant and the 27 person’s located heirs at law or personal representative shall 28 be named as defendants in the action. The landlord may serve 29 notice upon such defendants pursuant to the method set forth 30 in section 562B.27A, subsection 1, paragraph “c” , or by mailing 31 notice by both regular mail and certified mail, as defined in 32 section 618.15, to the defendant’s last known address . 33 b. (1) If a tenant who was sole owner of a mobile home dies 34 during the term of a rental agreement resulting in the mobile 35 -20- LSB 2003HZ (3) 89 cm/jh 20/ 28
H.F. 2441 home being abandoned as provided in section 562B.27, subsection 1 1, and the landlord cannot, despite due diligence, locate such 2 a tenant’s heirs at law or personal representative, then the 3 landlord may bring an action for abandonment as provided in 4 section 555B.3, naming as defendants the estate of the tenant 5 and all unknown heirs at law of the tenant, and, upon the 6 landlord’s filing of an affidavit that personal service cannot 7 be had on any heirs at law, personal representative, or estate 8 of the tenant, the court shall permit original notice of such 9 action to be served by publication pursuant to subparagraph 10 (2). 11 (2) Publication of original notice shall be made once each 12 week for three consecutive weeks in a newspaper of general 13 circulation published in the county where the petition is 14 filed, pursuant to the Iowa rules of civil procedure. Service 15 is complete after the third consecutive weekly publication. 16 (3) In the event any tax lien or other liens exist on 17 the mobile home, the landlord may proceed with an action for 18 abandonment as provided in section 555B.3, except that the 19 notice shall be provided to the county treasurer as provided 20 in section 555B.4, subsection 3, if a tax lien exists, and 21 personal service pursuant to the Iowa rules of civil procedure 22 shall be made upon any lienholder no less than twenty days 23 before the hearing. Any notice to a lienholder shall state 24 that failure to assert a claim to the mobile home is deemed a 25 waiver of all rights, title, claims, and interest in the mobile 26 home and is deemed consent to the sale or disposal of the 27 mobile home. If personal service upon the lienholder cannot 28 be completed in time to give the lienholder the minimum notice 29 required by this subsection, the court may set a new hearing 30 date. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to property law, including mobile homes 35 -21- LSB 2003HZ (3) 89 cm/jh 21/ 28
H.F. 2441 and manufactured housing, rental agreements, landlord and 1 tenant remedies for retaliation, wrongful failure to provide 2 essential services, rent increases, the sale of manufactured 3 home community or mobile home park, the repeal of the 4 manufactured home community and mobile home tax, forcible entry 5 and detainer actions, and abandoned mobile homes. 6 DIVISION I —— RETALIATION. The bill provides that a landlord 7 cannot retaliate against a tenant for exercising the rights and 8 remedies under Code chapter 216 (civil rights commission). In 9 an action by or against the tenant, evidence of a complaint 10 within one year prior to the alleged act of retaliation creates 11 a presumption that the landlord’s conduct was in retaliation. 12 DIVISION II —— RENTAL AGREEMENTS. The bill defines “rent” 13 to include base rent, utilities, late fees, and other payments 14 made by the tenant to the landlord under the rental agreement. 15 Written notice to cancel a rental agreement by either party 16 must be provided 90 days prior to cancellation. The landlord 17 must provide written notice 90 days prior to a rent increase 18 effective date. This division is effective upon enactment and 19 applies to rent increase first noticed under Code chapter 562B 20 (manufactured home communities or mobile home parks residential 21 landlord and tenant law) occurring on or after the effective 22 date of the division. 23 DIVISION III —— DISCLOSURE OF UTILITY CHARGES. The bill 24 provides that tenants shall be notified of any increase 25 in utility rates or charges in writing 60 days before the 26 effective date of the increase, unless the landlord obtains the 27 utility service from a utility provider and does not receive at 28 least 90 days’ prior notice of such increase from the utility 29 provider. 30 DIVISION IV —— WRONGFUL FAILURE TO PROVIDE ESSENTIAL 31 SERVICES. The bill provides that if the landlord deliberately 32 or negligently fails to supply running water or other essential 33 services, the tenant may give written notice to the landlord 34 specifying the breach and may do one of the following: (1) 35 -22- LSB 2003HZ (3) 89 cm/jh 22/ 28
H.F. 2441 procure reasonable amounts of water or other essential 1 services, (2) recover damages based upon the diminution 2 in the fair market value of the mobile home space, or (3) 3 recover any rent already paid for the period of the landlord’s 4 noncompliance unless the condition was caused by the deliberate 5 or negligent act or omission of the tenant, a member of 6 the tenant’s family, or other person on the premises with 7 the consent of the tenant. This division is effective upon 8 enactment. 9 DIVISION V —— DENIAL OF RENTAL OR REFUSAL OF SALE. Current 10 law allows a landlord the right to approve the purchaser of 11 a mobile home as a tenant when a current mobile home park 12 resident sells the mobile home, so long as permission is not 13 unreasonably withheld. The bill provides that if the landlord 14 does not approve a purchaser as a tenant, the landlord shall 15 provide the purchaser with written notice of such denial and 16 the general reason for the denial. 17 DIVISION VI —— PROHIBITED RENTAL AGREEMENT PROVISION —— HOME 18 EQUIPMENT. The bill provides that a rental agreement shall 19 not allow a landlord to modify the mobile home, manufactured 20 home, or modular home in a way that would substantially 21 impair the ability of the tenant to move the home from the 22 mobile home space, unless such modification is required 23 by federal law, by state or local law, the manufacturer’s 24 installation instructions, any requirement arising from the 25 landlord’s financing of the home or of the mobile home park or 26 manufactured home community in which the home is located, or 27 unless such modification is otherwise necessary for the safe 28 and proper installation of the home. 29 DIVISION VII —— LANDLORD SALES. The bill provides that any 30 sale of a mobile home located in a manufactured home community 31 or mobile home park by a landlord or landlord’s agent shall be 32 by written agreement and the landlord shall, upon the buyer’s 33 fulfillment of all payment and other terms under the agreement, 34 produce and assign the current certificate of title obtained 35 -23- LSB 2003HZ (3) 89 cm/jh 23/ 28
H.F. 2441 from the department of transportation. The agreement shall 1 state the basic terms of sale. If a sale does not comply, the 2 court may award monetary or equitable relief, including voiding 3 the sale, and the buyer may recover damages incurred, amounts 4 paid as a rental deposit in excess of two months’ rent, and 5 reasonable attorney fees. 6 DIVISION VIII —— SALE OF MANUFACTURED HOME COMMUNITY 7 OR MOBILE HOME PARK. The bill provides that in a sale of 8 a manufactured home community or mobile home park, upon 9 termination of the landlord’s interest in the manufactured 10 home community or mobile home park, the landlord’s successor 11 in interest shall have the same legal obligations, rights, 12 and remedies of the landlord, including with respect to all 13 rental agreements. This division applies to manufactured 14 home community or mobile home park sales made on or after the 15 effective date of the bill. 16 DIVISION IX —— MANUFACTURED AND MOBILE HOME TAX. Code 17 chapter 435 imposes a square footage tax on mobile homes and 18 manufactured homes placed in a mobile home park or manufactured 19 home community. Division IX strikes the portions of Code 20 chapter 435 imposing the square footage tax and provides 21 instead that such homes are exempt from property tax. However, 22 the bill does not modify the provisions of law governing 23 the taxation of mobile homes and manufactured homes placed 24 outside of manufactured home communities and mobile home parks, 25 which are assessed and taxed in the same manner as other real 26 property. 27 Division IX also makes corresponding changes to several 28 other provisions of law that relate to Code chapter 435. 29 Division IX of the bill applies to taxes due and payable 30 under Code chapter 435 in fiscal years beginning on or after 31 July 1, 2022. Division IX of the bill does not affect the 32 operation of, or prohibit the application of, prior provisions 33 of Code chapter 435, or rules adopted to administer prior 34 provisions of Code chapter 435, for taxes due and payable in 35 -24- LSB 2003HZ (3) 89 cm/jh 24/ 28
H.F. 2441 fiscal years beginning before July 1, 2022, and for duties, 1 powers, protests, appeals, proceedings, actions, or remedies 2 attributable to taxes due and payable under Code chapter 435 in 3 fiscal years beginning before July 1, 2022. 4 DIVISION X —— FORCIBLE ENTRY AND DETAINER. The bill provides 5 the setting of the initial hearing in a forcible entry and 6 detainer action is not a jurisdictional requirement and does 7 not affect the court’s subject matter jurisdiction to hear the 8 action for forcible entry and detainer. In computing time for 9 completion of service for a forcible detainer and entry action, 10 the first day shall be excluded and the final day shall be 11 included regardless of whether the fourth day is a Saturday, 12 Sunday, or federal holiday. 13 The bill provides that for an action based upon the 14 nonpayment of rent, 90 days’ peaceable possession with the 15 knowledge of the plaintiff after the cause of action accrues 16 is a bar to such action. 17 DIVISION XI —— ABANDONED MOBILE HOMES. The bill provides 18 that in an action for abandonment, except when there is a lien 19 on the property other than a tax lien, the court shall set a 20 hearing no sooner than 25 days of the date of receipt of the 21 petition to allow service on the lienholder. 22 The bill provides that if a lien other than a tax lien 23 exists on the mobile home or personal property at the time 24 an action for abandonment is initiated, the personal service 25 shall be made upon the lienholder no less than 20 days before 26 the hearing. The notice to the lienholder shall describe the 27 mobile home and shall state the docket, case number, date, and 28 time at which the hearing is scheduled, and the lienholder’s 29 right to assert a claim to the mobile home at the hearing. 30 The notice shall state that failure to assert a claim to the 31 mobile home within the judicial proceedings is deemed a waiver 32 of all rights, title, claims, and interest in the mobile home 33 and deemed to be consent to the sale or disposal of the mobile 34 home. If personal service cannot be completed in time to give 35 -25- LSB 2003HZ (3) 89 cm/jh 25/ 28
H.F. 2441 the lienholder the minimum notice, the court may set a new 1 hearing date. 2 The bill provides that in the event a tenant who was sole 3 owner of a mobile home dies during the term of the rental 4 agreement resulting in the mobile home being abandoned, then 5 that person’s heirs or legal representative or the landlord 6 shall have the right to cancel the tenant’s lease by giving 7 60 days’ written notice to the person’s heirs or legal 8 representative or to the landlord, whichever is appropriate, 9 and the heirs or the legal representative shall have the same 10 rights, privileges and liabilities of the original tenant. 11 The bill provides that if a claimant that asserts a claim 12 to the property, the judgment shall be satisfied before 13 the claimant may take possession of the property except as 14 otherwise ordered by the court. Unless the court otherwise 15 provides, if a claimant satisfies the judgment at the time of 16 entry, the court shall enter an order allowing the claimant 17 to remove the property from its location, and the court shall 18 direct the amount of rent or storage charged. 19 The bill provides that in a proceeding for disposal of 20 property, if a lienholder or other claimant asserts a claim to 21 the property within a judicial proceeding, that person shall 22 be notified of the sale by restricted certified mail not less 23 than five days before the sale. A sale made after the notice 24 is provided shall discharge any lien. The real property owner 25 may propose to retain the mobile home and personal property in 26 satisfaction of the judgment by written notice of the proposal 27 sent to the mobile home owner, lienholder, or other claimant, 28 if that person has asserted a claim to the mobile home or 29 personal property in the judicial proceedings. If the real 30 property owner receives objection in writing from the mobile 31 home owner, lienholder, or other claimant within 21 days after 32 the notice was sent, the real property owner shall dispose of 33 the mobile home and personal property. If no written objection 34 is received by the real property owner, the mobile home and 35 -26- LSB 2003HZ (3) 89 cm/jh 26/ 28
H.F. 2441 personal property may be retained. Retention of the mobile 1 home and personal property discharges the judgment of the real 2 property owner, any tax lien, and any other lien. 3 Current law provides that any proceeds in a proceeding for 4 the disposal of a mobile home and personal property shall be 5 distributed in the following order: (1) to satisfy the real 6 property owner’s judgment, (2) to satisfy any tax lien, and (3) 7 into a surplus which is held by the real property owner for 8 six months to be reclaimed by the mobile home owner, and if 9 the mobile home owner fails to claim the surplus, the surplus 10 may be retained by the real property owner. The bill provides 11 that after using proceeds to satisfy a tax lien, the proceeds 12 must be used to satisfy any other lien, and then any remaining 13 amounts are the surplus. 14 The bill provides that if a tenant who was sole owner of a 15 mobile home dies during the term of a rental agreement, then 16 that person’s heirs at law or the personal representative 17 of the decedent’s estate, or the landlord shall have the 18 right to cancel the tenant’s lease by giving 60 days’ 19 written notice to the person’s heirs at law or the personal 20 representative of the decedent’s estate, or to the landlord, 21 whichever is appropriate, and the heirs at law or the personal 22 representative of the decedent’s estate shall have the same 23 rights, privileges, and liabilities of the original tenant, 24 provided that such heirs at law or personal representative of 25 the estate shall not have the right to occupy or otherwise 26 use the home or mobile home space as a tenant unless approved 27 by the landlord as a tenant. In the event the landlord, 28 after such a written notice is given and the tenant’s lease 29 is canceled, brings an action for forcible entry and detainer 30 or action for abandonment, the estate of the tenant and the 31 person’s located heirs at law or personal representative shall 32 be named as defendants in the action. The landlord may serve 33 notice upon such defendants pursuant to the method set forth in 34 Code section 562B.27A or by mailing notice by both regular mail 35 -27- LSB 2003HZ (3) 89 cm/jh 27/ 28
H.F. 2441 and certified mail to the defendant’s last known address. 1 The bill provides that if a tenant who was sole owner of 2 a mobile home dies during the term of a rental agreement 3 resulting in the mobile home being abandoned and the landlord 4 cannot locate such a tenant’s heirs at law or personal 5 representative, then the landlord may bring an action for 6 abandonment naming as defendants the estate of the tenant 7 and all unknown heirs at law of the tenant, and, upon the 8 landlord’s filing of an affidavit that personal service cannot 9 be had on any heirs at law, personal representative, or estate 10 of the tenant, the court shall permit original notice of 11 such action to be served by publication once each week for 12 three consecutive weeks in a newspaper of general circulation 13 published in the county where the petition is filed. Service 14 is complete after the third consecutive weekly publication. 15 The bill provides in the event any tax lien or other liens 16 exist on the mobile home, the landlord may proceed with an 17 action for abandonment with notice provided to the county 18 treasurer if a tax lien exists, and personal service upon any 19 lienholder no less than 20 days before the hearing. Any notice 20 to a lienholder shall state that failure to assert a claim 21 to the mobile home is deemed a waiver of all rights, title, 22 claims, and interest in the mobile home and is deemed consent 23 to the sale or disposal of the mobile home. If personal 24 service upon the lienholder cannot be completed in time to give 25 the lienholder the minimum notice required by the bill, the 26 court may set a new hearing date. 27 -28- LSB 2003HZ (3) 89 cm/jh 28/ 28