House
File
866
-
Introduced
HOUSE
FILE
866
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
843)
(SUCCESSOR
TO
HSB
253)
A
BILL
FOR
An
Act
relating
to
landlords
and
tenants,
including
service
1
animal
requirements,
rent
late
fees,
forcible
entry
and
2
detainer
property
disposal,
and
peaceable
possession,
and
3
including
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
2769HZ
(1)
89
cm/jh
H.F.
866
Section
1.
Section
216.8C,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
7.
A
request
for
accommodation
made
by
3
a
person
under
this
section
must
be
reasonable
under
the
4
circumstances.
A
landlord
may
make
other
accommodations
to
the
5
person
making
the
request
including
but
not
limited
to
offering
6
to
relocate
the
person
to
another
housing
unit
managed
by
the
7
landlord.
8
Sec.
2.
Section
562A.9,
subsection
4,
Code
2021,
is
amended
9
to
read
as
follows:
10
4.
For
rental
agreements
in
which
the
rent
does
not
exceed
11
seven
hundred
dollars
per
month,
a
rental
agreement
shall
not
12
provide
for
a
late
fee
that
exceeds
twelve
dollars
per
day
or
a
13
total
amount
of
sixty
dollars
per
month.
For
rental
agreements
14
in
which
the
rent
is
greater
than
seven
hundred
dollars
per
15
month
but
less
than
one
thousand
four
hundred
dollars
per
16
month
,
a
rental
agreement
shall
not
provide
for
a
late
fee
17
that
exceeds
twenty
dollars
per
day
or
a
total
amount
of
one
18
hundred
dollars
per
month.
For
rental
agreements
in
which
the
19
rent
is
at
least
one
thousand
four
hundred
dollars
per
month,
a
20
rental
agreement
shall
not
provide
for
a
late
fee
that
exceeds
21
two
percent
of
the
rent
per
day
or
ten
percent
of
the
rent
per
22
month.
23
Sec.
3.
Section
562A.11,
subsection
2,
Code
2021,
is
amended
24
to
read
as
follows:
25
2.
A
provision
prohibited
by
subsection
1
included
in
a
26
rental
agreement
is
unenforceable.
If
a
landlord
willfully
27
uses
enforces
provisions
in
a
rental
agreement
containing
28
provisions
known
by
the
landlord
to
be
prohibited,
a
tenant
may
29
recover
actual
damages
sustained
by
the
tenant
and
not
more
30
than
three
months’
periodic
rent
and
reasonable
attorney
fees.
31
Sec.
4.
Section
648.18,
Code
2021,
is
amended
to
read
as
32
follows:
33
648.18
Possession
——
bar.
34
Thirty
days’
peaceable
possession
with
the
knowledge
of
the
35
-1-
LSB
2769HZ
(1)
89
cm/jh
1/
3
H.F.
866
plaintiff
after
the
cause
of
action
accrues
is
a
bar
to
this
1
proceeding.
However,
this
section
does
not
apply
to
a
landlord
2
that
notifies
a
tenant
in
a
writing
of
a
breach
of
a
financial
3
obligation
under
a
rental
agreement
entered
into
under
chapter
4
562A
and
the
landlord’s
intent
to
enforce
such
provision.
5
Sec.
5.
Section
648.22,
Code
2021,
is
amended
to
read
as
6
follows:
7
648.22
Judgment
——
execution
——
costs
——
disposal
of
personal
8
property
.
9
1.
If
the
defendant
is
found
guilty,
judgment
shall
be
10
entered
that
the
defendant
be
removed
from
the
premises,
and
11
that
the
plaintiff
be
put
in
possession
of
the
premises,
and
12
an
execution
for
the
defendant’s
removal
within
three
days
13
from
the
judgment
shall
issue
accordingly,
to
which
shall
be
14
added
a
clause
commanding
the
officer
to
collect
the
costs
as
15
in
ordinary
cases.
16
2.
Any
personal
property
of
the
defendant
remaining
on
the
17
plaintiff’s
real
property
after
the
defendant’s
removal
under
18
this
section
may
be
disposed
of
by
the
plaintiff.
19
Sec.
6.
APPLICABILITY.
The
following
applies
to
rental
20
agreements
whose
lease
terms
begin
on
or
after
January
1,
2022:
21
The
section
of
this
Act
amending
section
562A.9.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
landlord-tenant
law.
The
bill
provides
26
that
the
request
of
a
person
for
an
accommodation
of
a
service
27
animal
must
be
reasonable
under
the
circumstances
and
that
the
28
landlord
can
accommodate
the
person
by
relocating
the
person
to
29
another
housing
unit
managed
by
the
landlord.
30
The
bill
provides
that
for
rental
agreements
where
rent
is
31
more
than
$700
but
less
than
$1,400
per
month,
late
fees
shall
32
not
exceed
$20
per
month.
Late
fees
for
rental
agreements
33
where
rent
is
at
least
$1,400
or
more
per
month
shall
not
34
exceed
2
percent
of
the
rent
per
day
or
10
percent
of
the
35
-2-
LSB
2769HZ
(1)
89
cm/jh
2/
3
H.F.
866
rent
per
month.
This
provision
of
the
bill
applies
to
rental
1
agreements
whose
lease
terms
begin
on
or
after
January
1,
2022.
2
The
bill
provides
that
if
a
landlord
willfully
enforces
3
provisions
prohibited
by
Code
section
562A.11(1)
in
a
rental
4
agreement,
the
tenant
may
recover
actual
damages.
Under
5
current
law,
a
tenant
may
recover
actual
damages
if
the
6
landlord
willfully
uses
prohibited
provisions.
7
The
bill
provides
that
any
personal
property
left
on
the
8
landlord’s
property
after
the
defendant’s
removal
from
a
9
forcible
entry
and
detainer
disposition
may
be
disposed
of
by
10
the
landlord.
11
The
bill
provides
that
a
bar
to
a
proceeding
from
a
tenant’s
12
peaceful
possession
with
landlord
notice
does
not
apply
to
13
landlords
who
have
notified
a
tenant
in
writing
of
a
breach
14
of
financial
obligation
under
the
rental
agreement
and
the
15
landlord’s
intent
to
enforce
the
obligation.
16
-3-
LSB
2769HZ
(1)
89
cm/jh
3/
3