House File 2562 - Introduced HOUSE FILE 2562 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2441) (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 2003HW (2) 89 cm/jh

H.F. 2562 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 2003HW (2) 89 cm/jh 1/ 28

H.F. 2562 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 does not receive at least 26 ninety days prior notice of such increase from the utility 27 provider, in which case no prior notice of the increase from 28 the landlord to the tenant is required for the increase to be 29 effective. 30 c. Nothing in this chapter shall authorize a landlord to 31 meter a premises contrary to applicable law, rule, or tariff, 32 or assess a utility charge to the tenant contrary to applicable 33 law, rule, or tariff. 34 DIVISION IV 35 -2- LSB 2003HW (2) 89 cm/jh 2/ 28

H.F. 2562 WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES 1 Sec. 9. NEW SECTION . 562B.23A Wrongful failure to supply 2 running water or essential services. 3 1. If contrary to the rental agreement or section 562B.16 4 the landlord deliberately or negligently fails to supply 5 running water or other essential services, the tenant may give 6 written notice to the landlord specifying the breach and may 7 do one of the following: 8 a. Procure reasonable amounts of water or other essential 9 services during the period of the landlord’s noncompliance and 10 deduct the actual and reasonable cost from the rent. 11 b. Recover damages based upon the diminution in the fair 12 market value of the mobile home space. 13 c. Recover any rent already paid for the period of the 14 landlord’s noncompliance which shall be reimbursed on a pro 15 rata basis. 16 2. If the tenant proceeds under this section, the tenant may 17 not proceed under section 562B.22 as to that breach. 18 3. The rights under this section do not arise until the 19 tenant has given notice to the landlord or if the condition was 20 caused by the deliberate or negligent act or omission of the 21 tenant, a member of the tenant’s family, or other person on the 22 premises with the consent of the tenant. 23 Sec. 10. EFFECTIVE DATE. This division of this Act, being 24 deemed of immediate importance, takes effect upon enactment. 25 DIVISION V 26 DENIAL OF RENTAL OR REFUSAL OF SALE 27 Sec. 11. Section 562B.19, subsection 3, paragraph c, Code 28 2022, is amended to read as follows: 29 c. Deny any resident of a manufactured home community 30 or mobile home park the right to sell that person’s mobile 31 home at a price of the person’s own choosing, but may reserve 32 the right to approve the purchaser of such mobile home as a 33 tenant but such permission may not be unreasonably withheld, 34 provided however, that the landlord may, in the event of a 35 -3- LSB 2003HW (2) 89 cm/jh 3/ 28

H.F. 2562 sale to a third party, in order to upgrade the quality of 1 the manufactured home community or mobile home park, require 2 that any mobile home in a rundown condition or in disrepair be 3 removed from the manufactured home community or park within 4 sixty days. If the landlord does not approve the purchaser as 5 a tenant, the landlord shall provide the purchaser with written 6 notice of such denial and the general reason for the denial, 7 but the landlord shall not be required to provide a specific 8 reason for the denial. 9 DIVISION VI 10 PROHIBITED RENTAL AGREEMENT PROVISION —— HOME EQUIPMENT 11 Sec. 12. Section 562B.11, subsection 1, Code 2022, is 12 amended by adding the following new paragraph: 13 NEW PARAGRAPH . e. Agrees to modify the mobile home, 14 manufactured home, or modular home in a way that would 15 substantially impair the ability of the tenant to move the 16 home from the mobile home space, unless such modification is 17 required by federal law, including but not limited to the 18 model manufactured home installation standards, 24 C.F.R. pt. 19 3285, the manufactured home construction and safety standards, 20 24 C.F.R. pt. 3280, or the manufactured home procedural and 21 enforcement regulations, 24 C.F.R. pt. 3282, or by state or 22 local law, the manufacturer’s installation instructions, any 23 requirement arising from the landlord’s financing of the home 24 or of the mobile home park or manufactured home community in 25 which the home is located, or unless such modification is 26 otherwise necessary for the safe and proper installation of the 27 home. 28 DIVISION VII 29 LANDLORD SALES 30 Sec. 13. NEW SECTION . 562B.17A Sale of mobile home by 31 landlord. 32 1. Any sale of a mobile home located in a manufactured home 33 community or mobile home park by a landlord or landlord’s agent 34 shall be by written agreement and the landlord shall, upon the 35 -4- LSB 2003HW (2) 89 cm/jh 4/ 28

H.F. 2562 buyer’s fulfillment of all payment and other terms under the 1 agreement, produce and assign the current certificate of title 2 obtained from the department of transportation. The agreement 3 shall state the basic terms of sale, including the total 4 cost of the mobile home, and, in the case of an installment 5 contract, finance charges, annual percentage rate, and the 6 frequency and amount of each installment payment. 7 2. If such sale does not comply with this section, the 8 court may award monetary or equitable relief, including voiding 9 the sale, and the buyer may recover damages incurred, amounts 10 paid as a rental deposit in excess of two months’ rent, and 11 reasonable attorney fees. 12 3. A claim under subsection 2 may be combined with an action 13 under chapter 648. 14 Sec. 14. Section 648.19, subsection 1, Code 2022, is amended 15 to read as follows: 16 1. An action under this chapter shall not be filed in 17 connection with any other action, with the exception of a claim 18 for rent or recovery as provided in section 555B.3 , 562A.24 , 19 562A.32 , 562B.17A, 562B.22 , 562B.25 , or 562B.27 , nor shall it 20 be made the subject of counterclaim. 21 DIVISION VIII 22 SALE OF MANUFACTURED HOME COMMUNITY OR MOBILE HOME PARK 23 Sec. 15. NEW SECTION . 562B.16A Sale of manufactured home 24 community or mobile home park —— notices. 25 Upon termination of the landlord’s interest in the 26 manufactured home community or mobile home park, the landlord’s 27 successor in interest shall have the same legal obligations, 28 rights, and remedies of the landlord, including with respect to 29 all rental agreements. 30 Sec. 16. APPLICABILITY. This division of this Act applies 31 to manufactured home community or mobile home park sale 32 transactions made on or after the effective date of this 33 division of this Act. 34 DIVISION IX 35 -5- LSB 2003HW (2) 89 cm/jh 5/ 28

H.F. 2562 MANUFACTURED HOME AND MOBILE HOME TAX 1 Sec. 17. Section 29C.24, subsection 3, paragraph a, 2 subparagraph (6), Code 2022, is amended to read as follows: 3 (6) The assessment of property taxes by the department 4 of revenue under sections 428.24 through 428.26 , 428.28 , and 5 428.29 , or chapters 433 , 434 , 435 , and 437 through 438 , or by 6 a local assessor under another provision of law, on property 7 brought into the state to aid in the performance of disaster 8 or emergency-related work during a disaster response period if 9 such property does not remain in the state after the conclusion 10 of the disaster response period. 11 Sec. 18. Section 321.24, subsection 1, Code 2022, is amended 12 to read as follows: 13 1. Upon receipt of the application for title and payment of 14 the required fees for a motor vehicle, trailer, or semitrailer, 15 the county treasurer or the department shall, when satisfied 16 as to the application’s genuineness and regularity, and, in 17 the case of a mobile home or manufactured home, that taxes 18 are not owing under chapter 423 or 435 , issue a certificate 19 of title and, except for a mobile home or manufactured home, 20 a registration receipt, and shall file the application, the 21 manufacturer’s or importer’s certificate, the certificate of 22 title, or other evidence of ownership, as prescribed by the 23 department. The registration receipt shall be delivered to the 24 owner and shall contain upon its face the date issued, the name 25 and address of the owner, the registration number assigned to 26 the vehicle, the amount of the fee paid, the type of fuel used, 27 a description of the vehicle as determined by the department, 28 and a form for notice of transfer of the vehicle. The name 29 and address of any lessee of the vehicle shall not be printed 30 on the registration receipt or certificate of title. Up to 31 three owners may be listed on the registration receipt and 32 certificate of title. 33 Sec. 19. Section 321.30, subsection 1, paragraph j, Code 34 2022, is amended by striking the paragraph. 35 -6- LSB 2003HW (2) 89 cm/jh 6/ 28

H.F. 2562 Sec. 20. Section 321.46, subsection 2, Code 2022, is amended 1 to read as follows: 2 2. Upon filing the application for a new registration and 3 a new title, the applicant shall pay a title fee of twenty 4 dollars, an annual registration fee prorated for the remaining 5 unexpired months of the registration year, and a fee for new 6 registration if applicable. A manufacturer applying for a 7 certificate of title pursuant to section 322G.12 shall pay a 8 title fee of ten dollars. However, a title fee shall not be 9 charged to a manufactured or mobile home retailer applying for 10 a certificate of title for a used mobile home or manufactured 11 home, titled in Iowa, as required under section 321.45, 12 subsection 4 . The county treasurer, if satisfied of the 13 genuineness and regularity of the application , and in the case 14 of a mobile home or manufactured home, that taxes are not owing 15 under chapter 435 , and that the applicant has complied with all 16 the requirements of this chapter , shall issue a new certificate 17 of title and, except for a mobile home, manufactured home, 18 or a vehicle returned to and accepted by a manufacturer as 19 described in section 322G.12 , a registration card to the 20 purchaser or transferee, shall cancel the prior registration 21 for the vehicle, and shall forward the necessary copies to the 22 department on the date of issuance, as prescribed in section 23 321.24 . Mobile homes or manufactured homes titled under 24 chapter 448 that have been subject under section 446.18 to a 25 public bidder sale in a county shall be titled in the county’s 26 name, with no fee, and the county treasurer shall issue the 27 title. 28 Sec. 21. Section 321.101, subsection 2, Code 2022, is 29 amended to read as follows: 30 2. The department shall cancel a certificate of title that 31 appears to have been improperly issued or fraudulently obtained 32 or, in the case of a mobile home or manufactured home, if taxes 33 were owing under chapter 435 at the time the certificate was 34 issued and have not been paid. However, before the certificate 35 -7- LSB 2003HW (2) 89 cm/jh 7/ 28

H.F. 2562 to a mobile home or manufactured home for which taxes were 1 owing can be canceled, notice and opportunity to pay the taxes 2 must be given to the person to whom the certificate was issued. 3 Upon cancellation of a certificate of title, the department 4 shall notify the county treasurer who issued it, who shall 5 enter the cancellation upon the records . The department shall 6 also notify the person to whom the certificate of title was 7 issued, as well as each lienholder who has a perfected lien, 8 of the cancellation and shall demand the surrender of the 9 certificate of title, but the cancellation shall not affect the 10 validity of any perfected lien. 11 Sec. 22. Section 321.123, subsection 2, paragraph b, Code 12 2022, is amended to read as follows: 13 b. A travel trailer may be stored under section 321.134 , 14 provided the travel trailer is not used for human habitation 15 for any period during storage and is not moved upon the 16 highways of the state. A travel trailer stored under section 17 321.134 is not subject to a manufactured or mobile home tax 18 assessed under chapter 435 . 19 Sec. 23. Section 331.429, subsection 1, paragraphs a and b, 20 Code 2022, are amended to read as follows: 21 a. Transfers from the general fund not to exceed in any year 22 the dollar equivalent of a tax of sixteen and seven-eighths 23 cents per thousand dollars of assessed value on all taxable 24 property in the county multiplied by the ratio of current 25 taxes actually collected and apportioned for the general basic 26 levy to the total general basic levy for the current year, 27 and an amount equivalent to the moneys derived by the general 28 fund from military service tax credits under chapter 426A , 29 manufactured or mobile home taxes under section 435.22 , and 30 delinquent taxes for prior years collected and apportioned to 31 the general basic fund in the current year, multiplied by the 32 ratio of sixteen and seven-eighths cents to three dollars and 33 fifty cents. The limit on transfers in this paragraph applies 34 only to property tax revenue and is not a limit on transfers of 35 -8- LSB 2003HW (2) 89 cm/jh 8/ 28

H.F. 2562 revenue generated from sources other than property taxes. 1 b. Transfers from the rural services fund not to exceed 2 in any year the dollar equivalent of a tax of three dollars 3 and three-eighths cents per thousand dollars of assessed value 4 on all taxable property not located within the corporate 5 limits of a city in the county multiplied by the ratio of 6 current taxes actually collected and apportioned for the rural 7 services basic levy to the total rural services basic levy 8 for the current year and an amount equivalent to the moneys 9 derived by the rural services fund from military service tax 10 credits under chapter 426A , manufactured or mobile home taxes 11 under section 435.22 , and delinquent taxes for prior years 12 collected and apportioned to the rural services basic fund in 13 the current year, multiplied by the ratio of three dollars and 14 three-eighths cents to three dollars and ninety-five cents. 15 The limit on transfers in this paragraph applies only to 16 property tax revenue and is not a limit on transfers of revenue 17 generated from sources other than property taxes. 18 Sec. 24. Section 331.559, subsection 1, Code 2022, is 19 amended by striking the subsection. 20 Sec. 25. Section 331.653, subsection 17, Code 2022, is 21 amended by striking the subsection. 22 Sec. 26. Section 335.30A, subsection 2, Code 2022, is 23 amended to read as follows: 24 2. “Land-leased community” means any site, lot, field, 25 or tract of land under common ownership upon which ten or 26 more occupied manufactured homes are harbored, either free of 27 charge or for revenue purposes, and shall include any building, 28 structure, or enclosure used or intended for use as part of the 29 equipment of the land-leased community. The term “land-leased 30 community” shall not be construed to include homes, buildings, 31 or other structures temporarily maintained by any individual, 32 educational institution, or company on their own premises and 33 used exclusively to house their own labor or students. A 34 manufactured home located in a land-leased community shall be 35 -9- LSB 2003HW (2) 89 cm/jh 9/ 28

H.F. 2562 taxed under section 435.22 as if the manufactured home were 1 located in a mobile home park. 2 Sec. 27. Section 414.28A, subsection 3, Code 2022, is 3 amended by striking the subsection. 4 Sec. 28. Section 427A.1, subsection 1, paragraph c, Code 5 2022, is amended to read as follows: 6 c. Buildings, structures, or improvements, any of which are 7 constructed on or in the land, attached to the land, or placed 8 upon a foundation whether or not attached to the foundation. 9 However, property taxed under chapter 435 , property that is a 10 concrete batch plant as that term is defined in subsection 4 , 11 and to the extent provided in subsection 7 , property that is 12 transmission property shall not be assessed and taxed as real 13 property. 14 Sec. 29. Section 435.2, Code 2022, is amended to read as 15 follows: 16 435.2 Placement and taxation. 17 1. If a mobile home is placed outside a mobile home park 18 or manufactured home community , the home is to be assessed and 19 taxed as real estate. If and while a mobile home is placed 20 inside a mobile home park or manufactured home community, the 21 home, as well as any and all garages, accessory buildings, and 22 appurtenances to the home, are exempt from property tax. 23 2. If a manufactured home is placed in a manufactured home 24 community or a mobile home park, the home must be titled , and 25 is subject to the manufactured or mobile home square foot tax 26 the home, as well as any and all garages, accessory buildings, 27 and appurtenances to the home, are exempt from property tax . 28 If a manufactured home is placed outside a manufactured home 29 community or a mobile home park, the home must be titled and is 30 to be assessed and taxed as real estate. 31 3. For the purposes of this chapter , a modular home shall 32 not be construed to be a mobile home or manufactured home. If 33 a modular home is placed inside or outside a manufactured home 34 community or a mobile home park, the home shall be considered 35 -10- LSB 2003HW (2) 89 cm/jh 10/ 28

H.F. 2562 real property and is to be assessed and taxed as real estate. 1 However, if If a modular home is placed in a manufactured home 2 community or mobile home park which was in existence on or 3 before January 1, 1998 , that modular home , as well as any and 4 all garages, accessory buildings, and appurtenances to the 5 home, shall be subject to property tax pursuant to section 6 435.22 exempt from property tax . This subsection shall not 7 prohibit the location of a modular home within a manufactured 8 home community or mobile home park. 9 Sec. 30. Section 435.23, Code 2022, is amended to read as 10 follows: 11 435.23 Exemptions —— prorating tax . 12 1. The manufacturer’s and retailer’s inventory of mobile 13 homes, manufactured homes, or modular homes not in use as a 14 place of human habitation shall be exempt from the annual 15 property tax and any personal property tax . All travel 16 trailers, fifth-wheel travel trailers, and towable recreational 17 vehicles shall be exempt from this tax. The homes, travel 18 trailers, fifth-wheel travel trailers, and towable recreational 19 vehicles in the inventory of manufacturers and retailers shall 20 be exempt from personal property tax. 21 2. The homes coming into Iowa from out of state and located 22 in a manufactured home community or mobile home park shall 23 be liable for the tax computed pro rata to the nearest whole 24 month, for the time the home is actually situated in Iowa. 25 Sec. 31. Section 435.24, Code 2022, is amended by striking 26 the section and inserting in lieu thereof the following: 27 435.24 Location of homes and reporting. 28 1. Upon issuance of a certificate of title or upon 29 transporting the home to a new site or to a location outside 30 of a manufactured home community or mobile home park, the home 31 owner shall file the address, township, and school district 32 of the location where the home is parked with the county 33 assessor’s office. Failure to comply is punishable as set out 34 in section 435.18. 35 -11- LSB 2003HW (2) 89 cm/jh 11/ 28

H.F. 2562 2. Each manufactured home community or mobile home park 1 owner or manager shall notify monthly the county assessor 2 concerning any home arriving in or departing from the 3 manufactured home community or mobile home park. The records 4 of the community or park owner shall be open to inspection by a 5 duly authorized representative of any law enforcement agency. 6 The manufactured home community or mobile home park owner or 7 manager shall make an annual report to the county assessor due 8 June 1 of the homes sited in the manufactured home community or 9 mobile home park, listing the owner and mailing address of each 10 home located in the manufactured home community or mobile home 11 park. The report is delinquent if not filed with the county 12 assessor by June 30. 13 Sec. 32. Section 435.26A, subsection 3, Code 2022, is 14 amended to read as follows: 15 3. After the surrender of a manufactured home’s certificate 16 of title under this section , the manufactured home shall 17 continue to be taxed under section 435.22 and is not eligible 18 for the homestead tax credit or the military service tax 19 exemption. A foreclosure action on a manufactured home 20 whose title has been surrendered under this section shall be 21 conducted as a real estate foreclosure. A tax lien and its 22 priority shall remain the same on a manufactured home after its 23 certificate of title has been surrendered. 24 Sec. 33. Section 435.27, subsections 1 and 3, Code 2022, are 25 amended to read as follows: 26 1. A mobile home or manufactured home converted to real 27 estate under section 435.26 may be reconverted to a home as 28 provided in this section when it is moved to a manufactured 29 home community or mobile home park or a manufactured or mobile 30 home retailer’s inventory. When the home is located within 31 a manufactured home community or mobile home park, the home , 32 as well as any and all garages, accessory buildings, and 33 appurtenances to the home, shall be taxed pursuant to section 34 435.22, subsection 1 , paragraph “a” exempt from property tax as 35 -12- LSB 2003HW (2) 89 cm/jh 12/ 28

H.F. 2562 provided in this chapter . 1 3. After compliance with subsection 2 and receipt of the 2 title, the owner shall notify the assessor of the reconversion. 3 The assessor shall remove the assessed valuation of the home 4 from assessment rolls as of the succeeding January 1 when the 5 home becomes subject to taxation as provided under section 6 435.24 , as well as any and all garages, accessory buildings, 7 and appurtenances to the home, become exempt from property tax 8 as provided in this chapter . 9 Sec. 34. Section 435.33, Code 2022, is amended to read as 10 follows: 11 435.33 Rent reimbursement. 12 A home owner who qualifies for a reduced tax rate provided 13 in section 435.22 the exemption under this chapter and who 14 rents a space upon which to set the home shall be entitled to 15 the protections provided in sections 425.33 through 425.36 16 and if the home owner who qualifies for a reduced tax rate 17 the exemption believes that a landlord has increased the home 18 owner’s rent because the home owner is eligible for a reduced 19 tax rate the exemption , the provisions of sections 425.33 and 20 425.36 shall be applicable. 21 Sec. 35. Section 445.1, subsection 8, Code 2022, is amended 22 to read as follows: 23 8. “Taxes” means an annual ad valorem tax, a special 24 assessment, a drainage tax, and a rate or charge , and taxes 25 on homes pursuant to chapter 435 which are collectible by the 26 county treasurer. 27 Sec. 36. Section 445.5, subsection 6, Code 2022, is amended 28 to read as follows: 29 6. The county treasurer shall deliver to the taxpayer a 30 receipt stating the year of tax, date of payment, a description 31 of the parcel, and the amount of taxes, interest, fees, and 32 costs paid when payment is made by cash tender. A receipt 33 for other payment tender types shall only be delivered upon 34 request. The receipt shall be in full for the first half, 35 -13- LSB 2003HW (2) 89 cm/jh 13/ 28

H.F. 2562 second half, or full year amounts unless a payment is made 1 under section 445.36A or 435.24, subsection 6 . 2 Sec. 37. Section 445.57, subsection 1, Code 2022, is amended 3 to read as follows: 4 1. On or before the tenth day of each month, the county 5 treasurer shall apportion all taxes collected during the 6 preceding month, except partial payment amounts collected 7 pursuant to section 445.36A, subsection 1 , partial payments 8 collected and not yet designated by the county treasurer 9 for apportionment pursuant to section 445.36A, subsection 10 2 , partial payments collected pursuant to section 435.24, 11 subsection 6 , paragraph “a” , and partial payments collected and 12 not yet designated by the county treasurer for apportionment 13 pursuant to section 435.24, subsection 6 , paragraph “b” , among 14 the several funds to which they belong according to the amount 15 levied for each fund, and shall apportion the interest, fees, 16 and costs on the taxes to the general fund, and shall enter 17 those amounts upon the treasurer’s cash account, and report the 18 amounts to the county auditor. 19 Sec. 38. Section 555B.2, subsection 1, Code 2022, is amended 20 to read as follows: 21 1. A real property owner may remove or cause to be removed 22 a mobile home and other personal property which is unlawfully 23 parked, placed, or abandoned on that real property, and may 24 cause the mobile home and personal property to be placed in 25 storage until the owner of the personal property pays a fair 26 and reasonable charge for removal, storage, or other expense 27 incurred, including reasonable attorney fees, or until a 28 judgment of abandonment is entered pursuant to section 555B.8 29 provided that there is no lien on the mobile home or personal 30 property other than a tax lien pursuant to chapter 435 . For 31 purposes of this chapter , a lien other than a tax lien exists 32 only if the real property owner receives notice of a lien 33 on the standardized registration form completed by a tenant 34 pursuant to section 562B.27, subsection 3 , or a lien has been 35 -14- LSB 2003HW (2) 89 cm/jh 14/ 28

H.F. 2562 filed in state or county records on a date before the mobile 1 home is considered to be abandoned. The real property owner 2 or the real property owner’s agent is not liable for damages 3 caused to the mobile home and personal property by the removal 4 or storage unless the damage is caused willfully or by gross 5 negligence. 6 Sec. 39. Section 555C.1, subsection 5, paragraph b, Code 7 2022, is amended to read as follows: 8 b. A lien of record , other than a tax lien as provided in 9 chapter 435 , does not exist against the home. A lien exists 10 only if the real property owner receives notice of a lien on 11 the standardized registration form completed by an owner or 12 occupant pursuant to chapter 562B , or a lien has been filed 13 in the state or county records on a date before the home is 14 considered to be valueless. 15 Sec. 40. Section 555C.3, Code 2022, is amended to read as 16 follows: 17 555C.3 New title —— third party. 18 If a new title to a valueless home is to be issued to a 19 third party, the county treasurer shall issue a new title, upon 20 receipt of the affidavit required in section 555C.2 and payment 21 of a fee pursuant to section 321.47 . Any tax lien levied 22 pursuant to chapter 435 is canceled and the The ownership 23 interest of the previous owner or occupant of the valueless 24 home is terminated as of the date of issuance of the new title. 25 The new title owner shall take the title free of all rights and 26 interests even though the manufactured home community or mobile 27 home park owner fails to comply with the requirements of this 28 chapter or any judicial proceedings, if the new title owner 29 acts in good faith. 30 Sec. 41. REPEAL. Sections 435.22, 435.25, and 435.29, Code 31 2022, are repealed. 32 Sec. 42. SAVINGS PROVISION. This division of this Act, 33 pursuant to section 4.13, does not affect the operation of, 34 or prohibit the application of, prior provisions of chapter 35 -15- LSB 2003HW (2) 89 cm/jh 15/ 28

H.F. 2562 435, or rules adopted under chapter 17A to administer prior 1 provisions of chapter 435, for taxes due and payable under 2 chapter 435 in fiscal years beginning before July 1, 2022, and 3 for duties, powers, protests, appeals, proceedings, actions, or 4 remedies attributable to taxes due and payable under chapter 5 435 in fiscal years beginning before July 1, 2022. 6 Sec. 43. APPLICABILITY. This division of this Act applies 7 to taxes due and payable under chapter 435 in fiscal years 8 beginning on or after July 1, 2022. 9 DIVISION X 10 FORCIBLE ENTRY AND DETAINER 11 Sec. 44. Section 648.5, subsections 1 and 3, Code 2022, are 12 amended to read as follows: 13 1. a. An action for forcible entry and detainer shall 14 be brought in a county where all or part of the premises is 15 located. Such an action shall be tried as an equitable action. 16 Upon receipt of the petition, the court shall set a date, time, 17 and place for hearing. The court shall set the date of hearing 18 no later than eight days from the filing date, except that the 19 court shall set a later hearing date no later than fifteen days 20 from the date of filing if the plaintiff requests or consents 21 to the later date of hearing. 22 b. The requirement regarding the setting of the initial 23 hearing in paragraph “a” is not a jurisdictional requirement and 24 does not affect the court’s subject matter jurisdiction to hear 25 the action for forcible entry and detainer. 26 3. Service of original notice by mail is deemed completed 27 four days after the notice is deposited in the mail and 28 postmarked for delivery, whether or not the recipient signs a 29 receipt for the original notice. In computing the time for 30 completion of service, the first day shall be excluded and the 31 final day shall be included regardless of whether the fourth 32 day is a Saturday, Sunday, or federal holiday. 33 DIVISION XI 34 ABANDONED MOBILE HOMES 35 -16- LSB 2003HW (2) 89 cm/jh 16/ 28

H.F. 2562 Sec. 45. Section 555B.3, Code 2022, is amended to read as 1 follows: 2 555B.3 Action for abandonment —— jurisdiction. 3 A real property owner not requesting notification by the 4 sheriff as provided in section 555B.2 may bring an action 5 alleging abandonment in the court within the county where the 6 real property is located provided that there is no lien on 7 the mobile home or personal property other than a tax lien 8 pursuant to chapter 435 . The action shall be tried as an 9 equitable action. Unless commenced as a small claim, the 10 petition shall be presented to a district judge. Upon receipt 11 of the petition, either the court or the clerk of the district 12 court shall set a date for a hearing not later than fourteen 13 days from the date of the receipt of the petition , except where 14 there is a lien on the mobile home or personal property other 15 than a tax lien, the court or the clerk of the district court 16 shall set a date for a hearing no sooner than twenty-five days 17 from the date of the receipt of the petition so as to allow for 18 service on the lienholder . 19 Sec. 46. Section 555B.4, Code 2022, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 4. If a lien other than a tax lien exists 22 on the mobile home or personal property at the time an action 23 for abandonment is initiated, the personal service pursuant 24 to the Iowa rules of civil procedure shall be made upon the 25 lienholder no less than twenty days before the hearing. The 26 notice to the lienholder shall describe the mobile home and 27 shall state the docket, case number, date, and time at which 28 the hearing is scheduled, and the lienholder’s right to assert 29 a claim to the mobile home at the hearing. The notice shall 30 state that failure to assert a claim to the mobile home within 31 the judicial proceedings is deemed a waiver of all rights, 32 title, claims, and interest in the mobile home and deemed to 33 be consent to the sale or disposal of the mobile home. If 34 personal service cannot be completed in time to give the 35 -17- LSB 2003HW (2) 89 cm/jh 17/ 28