Senate
File
2379
-
Introduced
SENATE
FILE
2379
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SSB
3151)
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
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2379
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
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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
a
tenant
contrary
to
applicable
33
law,
rule,
or
tariff.
34
DIVISION
IV
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
Sec.
45.
Section
648.18,
Code
2022,
is
amended
to
read
as
34
follows:
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648.18
Possession
——
bar.
1
1.
Thirty
Except
for
actions
governed
by
subsection
2,
2
thirty
days’
peaceable
possession
with
the
knowledge
of
the
3
plaintiff
after
the
cause
of
action
accrues
is
a
bar
to
this
4
proceeding.
5
2.
For
an
action
based
upon
the
nonpayment
of
rent,
ninety
6
days’
peaceable
possession
with
the
knowledge
of
the
plaintiff
7
after
the
cause
of
action
accrues
is
a
bar
to
such
action.
8
DIVISION
XI
9
ABANDONED
MOBILE
HOMES
10
Sec.
46.
Section
555B.3,
Code
2022,
is
amended
to
read
as
11
follows:
12
555B.3
Action
for
abandonment
——
jurisdiction.
13
A
real
property
owner
not
requesting
notification
by
the
14
sheriff
as
provided
in
section
555B.2
may
bring
an
action
15
alleging
abandonment
in
the
court
within
the
county
where
the
16
real
property
is
located
provided
that
there
is
no
lien
on
17
the
mobile
home
or
personal
property
other
than
a
tax
lien
18
pursuant
to
chapter
435
.
The
action
shall
be
tried
as
an
19
equitable
action.
Unless
commenced
as
a
small
claim,
the
20
petition
shall
be
presented
to
a
district
judge.
Upon
receipt
21
of
the
petition,
either
the
court
or
the
clerk
of
the
district
22
court
shall
set
a
date
for
a
hearing
not
later
than
fourteen
23
days
from
the
date
of
the
receipt
of
the
petition
,
except
where
24
there
is
a
lien
on
the
mobile
home
or
personal
property
other
25
than
a
tax
lien,
the
court
or
the
clerk
of
the
district
court
26
shall
set
a
date
for
a
hearing
no
sooner
than
twenty-five
days
27
from
the
date
of
the
receipt
of
the
petition
so
as
to
allow
for
28
service
on
the
lienholder
.
29
Sec.
47.
Section
555B.4,
Code
2022,
is
amended
by
adding
the
30
following
new
subsections:
31
NEW
SUBSECTION
.
4.
If
a
lien
other
than
a
tax
lien
exists
32
on
the
mobile
home
or
personal
property
at
the
time
an
action
33
for
abandonment
is
initiated,
the
personal
service
pursuant
34
to
the
Iowa
rules
of
civil
procedure
shall
be
made
upon
the
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lienholder
no
less
than
twenty
days
before
the
hearing.
The
1
notice
to
the
lienholder
shall
describe
the
mobile
home
and
2
shall
state
the
docket,
case
number,
date,
and
time
at
which
3
the
hearing
is
scheduled,
and
the
lienholder’s
right
to
assert
4
a
claim
to
the
mobile
home
at
the
hearing.
The
notice
shall
5
state
that
failure
to
assert
a
claim
to
the
mobile
home
within
6
the
judicial
proceedings
is
deemed
a
waiver
of
all
rights,
7
title,
claims,
and
interest
in
the
mobile
home
and
deemed
to
8
be
consent
to
the
sale
or
disposal
of
the
mobile
home.
If
9
personal
service
cannot
be
completed
in
time
to
give
the
10
lienholder
the
minimum
notice
required
by
this
subsection,
the
11
court
may
set
a
new
hearing
date.
12
NEW
SUBSECTION
.
5.
In
the
event
a
tenant
who
was
sole
owner
13
of
a
mobile
home
dies
during
the
term
of
the
rental
agreement
14
resulting
in
the
mobile
home
being
abandoned,
service
shall
be
15
made
in
accordance
with
section
562B.10,
subsection
7.
16
Sec.
48.
Section
555B.8,
subsections
2
and
3,
Code
2022,
are
17
amended
to
read
as
follows:
18
2.
If
Except
as
otherwise
ordered
by
the
court,
if
the
19
mobile
home
owner
or
other
claimant
asserts
a
claim
to
the
20
property,
the
judgment
shall
be
satisfied
before
the
mobile
21
home
owner
or
other
claimant
may
take
possession
of
the
mobile
22
home
or
personal
property.
23
3.
If
no
claim
is
asserted
to
the
mobile
home
or
personal
24
property
or
if
the
judgment
is
not
satisfied
at
the
time
of
25
entry,
an
order
shall
be
entered
allowing
the
real
property
26
owner
to
sell
or
otherwise
dispose
of
the
mobile
home
and
27
personal
property
pursuant
to
section
555B.9
.
If
Except
as
28
otherwise
ordered
by
the
court,
if
a
claimant
satisfies
the
29
judgment
at
the
time
of
entry,
the
court
shall
enter
an
order
30
permitting
and
directing
the
claimant
to
remove
the
mobile
home
31
or
personal
property
from
its
location
within
a
reasonable
time
32
to
be
fixed
by
the
court.
The
court
shall
also
determine
the
33
amount
of
further
rent
or
storage
charges
to
be
paid
by
the
34
claimant
to
the
real
property
owner
at
the
time
of
removal.
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Sec.
49.
Section
555B.9,
subsections
1,
2,
and
4,
Code
2022,
1
are
amended
to
read
as
follows:
2
1.
Pursuant
to
an
order
for
disposal
under
section
555B.8,
3
subsection
3
,
the
real
property
owner
shall
dispose
of
the
4
mobile
home
and
personal
property
by
public
or
private
sale
in
5
a
commercially
reasonable
manner.
If
the
personal
property
6
owner
,
lienholder,
or
other
claimant
has
asserted
a
claim
7
to
the
mobile
home
or
personal
property
within
the
judicial
8
proceedings
,
that
person
shall
be
notified
of
the
sale
by
9
restricted
certified
mail
not
less
than
five
days
before
the
10
sale.
The
notice
is
deemed
given
upon
the
mailing.
The
real
11
property
owner
may
buy
at
any
public
sale,
and
if
the
mobile
12
home
or
personal
property
is
of
a
type
customarily
sold
in
13
a
recognized
market
or
is
the
subject
of
widely
distributed
14
standard
price
quotations,
the
real
property
owner
may
buy
at
a
15
private
sale.
16
2.
A
sale
pursuant
to
subsection
1
transfers
to
the
17
purchaser
for
value,
all
of
the
mobile
home
owner’s
rights
18
in
the
mobile
home
and
personal
property,
and
discharges
the
19
real
property
owner’s
interest
in
the
mobile
home
and
personal
20
property
,
and
any
tax
lien
,
and
any
other
lien
.
The
purchaser
21
takes
free
of
all
rights
and
interests
even
though
the
real
22
property
owner
fails
to
comply
with
the
requirements
of
this
23
chapter
or
of
any
judicial
proceedings,
if
the
purchaser
acts
24
in
good
faith.
25
4.
Notwithstanding
subsections
1
through
3
,
the
real
26
property
owner
may
propose
to
retain
the
mobile
home
and
27
personal
property
in
satisfaction
of
the
judgment
obtained
28
pursuant
to
section
555B.8
.
Written
notice
of
the
proposal
29
shall
be
sent
to
the
mobile
home
owner
,
lienholder,
or
other
30
claimant,
if
that
person
has
asserted
a
claim
to
the
mobile
31
home
or
personal
property
in
the
judicial
proceedings.
If
32
the
real
property
owner
receives
objection
in
writing
from
33
the
mobile
home
owner
,
lienholder,
or
other
claimant
within
34
twenty-one
days
after
the
notice
was
sent,
the
real
property
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owner
shall
dispose
of
the
mobile
home
and
personal
property
1
pursuant
to
subsection
1
.
If
no
written
objection
is
received
2
by
the
real
property
owner
within
twenty-one
days
after
the
3
notice
was
sent,
the
mobile
home
and
personal
property
may
be
4
retained.
Retention
of
the
mobile
home
and
personal
property
5
discharges
the
judgment
of
the
real
property
owner
,
and
any
tax
6
lien
,
and
any
other
lien
.
7
Sec.
50.
Section
555B.9,
subsection
3,
Code
2022,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
0c.
Third,
to
satisfy
any
other
lien
10
for
which
a
claim
was
asserted
pursuant
to
section
555B.4,
11
subsection
4.
12
Sec.
51.
Section
562B.10,
subsection
7,
Code
2022,
is
13
amended
to
read
as
follows:
14
7.
a.
If
a
tenant
who
was
sole
owner
of
a
mobile
home
dies
15
during
the
term
of
a
rental
agreement
then
that
person’s
heirs
16
at
law
or
legal
the
personal
representative
of
the
decedent’s
17
estate,
or
the
landlord
shall
have
the
right
to
cancel
the
18
tenant’s
lease
by
giving
sixty
days’
written
notice
to
the
19
person’s
heirs
at
law
or
legal
the
personal
representative
20
of
the
decedent’s
estate,
or
to
the
landlord,
whichever
21
is
appropriate,
and
the
heirs
at
law
or
the
legal
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
and
personal
representative
25
of
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
34
in
section
562B.27A,
subsection
1,
paragraph
“c”
,
or
by
mailing
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notice
by
both
regular
mail
and
certified
mail,
as
defined
in
1
section
618.15,
to
the
defendant’s
last
known
address
.
2
b.
(1)
If
a
tenant
who
was
sole
owner
of
a
mobile
home
dies
3
during
the
term
of
a
rental
agreement
resulting
in
the
mobile
4
home
being
abandoned
as
provided
in
section
562B.27,
subsection
5
1,
and
the
landlord
cannot,
despite
due
diligence,
locate
such
6
a
tenant’s
heirs
at
law
or
personal
representative,
then
the
7
landlord
may
bring
an
action
for
abandonment
as
provided
in
8
section
555B.3,
naming
as
defendants
the
estate
of
the
tenant
9
and
all
unknown
heirs
at
law
of
the
tenant,
and,
upon
the
10
landlord’s
filing
of
an
affidavit
that
personal
service
cannot
11
be
had
on
any
heirs
at
law,
personal
representative,
or
estate
12
of
the
tenant,
the
court
shall
permit
original
notice
of
such
13
action
to
be
served
by
publication
pursuant
to
subparagraph
14
(2).
15
(2)
Publication
of
original
notice
shall
be
made
once
each
16
week
for
three
consecutive
weeks
in
a
newspaper
of
general
17
circulation
published
in
the
county
where
the
petition
is
18
filed,
pursuant
to
the
Iowa
rules
of
civil
procedure.
Service
19
is
complete
after
the
third
consecutive
weekly
publication.
20
(3)
In
the
event
any
tax
lien
or
other
liens
exist
on
21
the
mobile
home,
the
landlord
may
proceed
with
an
action
for
22
abandonment
as
provided
in
section
555B.3,
except
that
the
23
notice
shall
be
provided
to
the
county
treasurer
as
provided
24
in
section
555B.4,
subsection
3,
if
a
tax
lien
exists,
and
25
personal
service
pursuant
to
the
Iowa
rules
of
civil
procedure
26
shall
be
made
upon
any
lienholder
no
less
than
twenty
days
27
before
the
hearing.
Any
notice
to
a
lienholder
shall
state
28
that
failure
to
assert
a
claim
to
the
mobile
home
is
deemed
a
29
waiver
of
all
rights,
title,
claims,
and
interest
in
the
mobile
30
home
and
is
deemed
consent
to
the
sale
or
disposal
of
the
31
mobile
home.
If
personal
service
upon
the
lienholder
cannot
32
be
completed
in
time
to
give
the
lienholder
the
minimum
notice
33
required
by
this
subsection,
the
court
may
set
a
new
hearing
34
date.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
property
law,
including
mobile
homes
4
and
manufactured
housing,
rental
agreements,
landlord
and
5
tenant
remedies
for
retaliation,
wrongful
failure
to
provide
6
essential
services,
rent
increases,
the
sale
of
manufactured
7
home
community
or
mobile
home
park,
the
repeal
of
the
8
manufactured
home
community
and
mobile
home
tax,
forcible
entry
9
and
detainer
actions,
and
abandoned
mobile
homes.
10
DIVISION
I
——
RETALIATION.
The
bill
provides
that
a
landlord
11
cannot
retaliate
against
a
tenant
for
exercising
the
rights
and
12
remedies
under
Code
chapter
216
(civil
rights
commission).
In
13
an
action
by
or
against
the
tenant,
evidence
of
a
complaint
14
within
one
year
prior
to
the
alleged
act
of
retaliation
creates
15
a
presumption
that
the
landlord’s
conduct
was
in
retaliation.
16
DIVISION
II
——
RENTAL
AGREEMENTS.
The
bill
defines
“rent”
17
to
include
base
rent,
utilities,
late
fees,
and
other
payments
18
made
by
the
tenant
to
the
landlord
under
the
rental
agreement.
19
Written
notice
to
cancel
a
rental
agreement
by
either
party
20
must
be
provided
90
days
prior
to
cancellation.
The
landlord
21
must
provide
written
notice
90
days
prior
to
a
rent
increase
22
effective
date.
This
division
is
effective
upon
enactment
and
23
applies
to
rent
increase
first
noticed
under
Code
chapter
562B
24
(manufactured
home
communities
or
mobile
home
parks
residential
25
landlord
and
tenant
law)
occurring
on
or
after
the
effective
26
date
of
the
division.
27
DIVISION
III
——
DISCLOSURE
OF
UTILITY
CHARGES.
The
bill
28
provides
that
tenants
shall
be
notified
of
any
increase
29
in
utility
rates
or
charges
in
writing
60
days
before
the
30
effective
date
of
the
increase,
unless
the
landlord
does
not
31
receive
at
least
90
days’
prior
notice
of
such
increase
from
32
the
utility
provider.
A
landlord
is
authorized
to
meter
a
33
premises
and
to
assess
a
utility
charge
to
the
tenant
unless
34
doing
so
would
be
contrary
to
applicable
law,
rule,
or
tariff.
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DIVISION
IV
——
WRONGFUL
FAILURE
TO
PROVIDE
ESSENTIAL
1
SERVICES.
The
bill
provides
that
if
the
landlord
deliberately
2
or
negligently
fails
to
supply
running
water
or
other
essential
3
services,
the
tenant
may
give
written
notice
to
the
landlord
4
specifying
the
breach
and
may
do
one
of
the
following:
(1)
5
procure
reasonable
amounts
of
water
or
other
essential
6
services,
(2)
recover
damages
based
upon
the
diminution
7
in
the
fair
market
value
of
the
mobile
home
space,
or
(3)
8
recover
any
rent
already
paid
for
the
period
of
the
landlord’s
9
noncompliance
unless
the
condition
was
caused
by
the
deliberate
10
or
negligent
act
or
omission
of
the
tenant,
a
member
of
11
the
tenant’s
family,
or
other
person
on
the
premises
with
12
the
consent
of
the
tenant.
This
division
is
effective
upon
13
enactment.
14
DIVISION
V
——
DENIAL
OF
RENTAL
OR
REFUSAL
OF
SALE.
Current
15
law
allows
a
landlord
the
right
to
approve
the
purchaser
of
16
a
mobile
home
as
a
tenant
when
a
current
mobile
home
park
17
resident
sells
the
mobile
home,
so
long
as
permission
is
not
18
unreasonably
withheld.
The
bill
provides
that
if
the
landlord
19
does
not
approve
a
purchaser
as
a
tenant,
the
landlord
shall
20
provide
the
purchaser
with
written
notice
of
such
denial
and
21
the
general
reason
for
the
denial.
22
DIVISION
VI
——
PROHIBITED
RENTAL
AGREEMENT
PROVISION
——
HOME
23
EQUIPMENT.
The
bill
provides
that
a
rental
agreement
shall
24
not
allow
a
landlord
to
modify
the
mobile
home,
manufactured
25
home,
or
modular
home
in
a
way
that
would
substantially
26
impair
the
ability
of
the
tenant
to
move
the
home
from
the
27
mobile
home
space,
unless
such
modification
is
required
28
by
federal
law,
by
state
or
local
law,
the
manufacturer’s
29
installation
instructions,
any
requirement
arising
from
the
30
landlord’s
financing
of
the
home
or
of
the
mobile
home
park
or
31
manufactured
home
community
in
which
the
home
is
located,
or
32
unless
such
modification
is
otherwise
necessary
for
the
safe
33
and
proper
installation
of
the
home.
34
DIVISION
VII
——
LANDLORD
SALES.
The
bill
provides
that
any
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sale
of
a
mobile
home
located
in
a
manufactured
home
community
1
or
mobile
home
park
by
a
landlord
or
landlord’s
agent
shall
be
2
by
written
agreement
and
the
landlord
shall,
upon
the
buyer’s
3
fulfillment
of
all
payment
and
other
terms
under
the
agreement,
4
produce
and
assign
the
current
certificate
of
title
obtained
5
from
the
department
of
transportation.
The
agreement
shall
6
state
the
basic
terms
of
sale.
If
a
sale
does
not
comply,
the
7
court
may
award
monetary
or
equitable
relief,
including
voiding
8
the
sale,
and
the
buyer
may
recover
damages
incurred,
amounts
9
paid
as
a
rental
deposit
in
excess
of
two
months’
rent,
and
10
reasonable
attorney
fees.
11
DIVISION
VIII
——
SALE
OF
MANUFACTURED
HOME
COMMUNITY
12
OR
MOBILE
HOME
PARK.
The
bill
provides
that
in
a
sale
of
13
a
manufactured
home
community
or
mobile
home
park,
upon
14
termination
of
the
landlord’s
interest
in
the
manufactured
15
home
community
or
mobile
home
park,
the
landlord’s
successor
16
in
interest
shall
have
the
same
legal
obligations,
rights,
17
and
remedies
of
the
landlord,
including
with
respect
to
all
18
rental
agreements.
This
division
applies
to
manufactured
19
home
community
or
mobile
home
park
sales
made
on
or
after
the
20
effective
date
of
the
bill.
21
DIVISION
IX
——
MANUFACTURED
AND
MOBILE
HOME
TAX.
Code
22
chapter
435
imposes
a
square
footage
tax
on
mobile
homes
and
23
manufactured
homes
placed
in
a
mobile
home
park
or
manufactured
24
home
community.
Division
IX
strikes
the
portions
of
Code
25
chapter
435
imposing
the
square
footage
tax
and
provides
26
instead
that
such
homes
are
exempt
from
property
tax.
However,
27
the
bill
does
not
modify
the
provisions
of
law
governing
28
the
taxation
of
mobile
homes
and
manufactured
homes
placed
29
outside
of
manufactured
home
communities
and
mobile
home
parks,
30
which
are
assessed
and
taxed
in
the
same
manner
as
other
real
31
property.
32
Division
IX
also
makes
corresponding
changes
to
several
33
other
provisions
of
law
that
relate
to
Code
chapter
435.
34
Division
IX
of
the
bill
applies
to
taxes
due
and
payable
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under
Code
chapter
435
in
fiscal
years
beginning
on
or
after
1
July
1,
2022.
Division
IX
of
the
bill
does
not
affect
the
2
operation
of,
or
prohibit
the
application
of,
prior
provisions
3
of
Code
chapter
435,
or
rules
adopted
to
administer
prior
4
provisions
of
Code
chapter
435,
for
taxes
due
and
payable
in
5
fiscal
years
beginning
before
July
1,
2022,
and
for
duties,
6
powers,
protests,
appeals,
proceedings,
actions,
or
remedies
7
attributable
to
taxes
due
and
payable
under
Code
chapter
435
in
8
fiscal
years
beginning
before
July
1,
2022.
9
DIVISION
X
——
FORCIBLE
ENTRY
AND
DETAINER.
The
bill
provides
10
the
setting
of
the
initial
hearing
in
a
forcible
entry
and
11
detainer
action
is
not
a
jurisdictional
requirement
and
does
12
not
affect
the
court’s
subject
matter
jurisdiction
to
hear
the
13
action
for
forcible
entry
and
detainer.
In
computing
time
for
14
completion
of
service
for
a
forcible
detainer
and
entry
action,
15
the
first
day
shall
be
excluded
and
the
final
day
shall
be
16
included
regardless
of
whether
the
fourth
day
is
a
Saturday,
17
Sunday,
or
federal
holiday.
18
The
bill
provides
that
for
an
action
based
upon
the
19
nonpayment
of
rent,
90
days’
peaceable
possession
with
the
20
knowledge
of
the
plaintiff
after
the
cause
of
action
accrues
21
is
a
bar
to
such
action.
22
DIVISION
XI
——
ABANDONED
MOBILE
HOMES.
The
bill
provides
23
that
in
an
action
for
abandonment,
except
when
there
is
a
lien
24
on
the
property
other
than
a
tax
lien,
the
court
shall
set
a
25
hearing
no
sooner
than
25
days
of
the
date
of
receipt
of
the
26
petition
to
allow
service
on
the
lienholder.
27
The
bill
provides
that
if
a
lien
other
than
a
tax
lien
28
exists
on
the
mobile
home
or
personal
property
at
the
time
29
an
action
for
abandonment
is
initiated,
the
personal
service
30
shall
be
made
upon
the
lienholder
no
less
than
20
days
before
31
the
hearing.
The
notice
to
the
lienholder
shall
describe
the
32
mobile
home
and
shall
state
the
docket,
case
number,
date,
and
33
time
at
which
the
hearing
is
scheduled,
and
the
lienholder’s
34
right
to
assert
a
claim
to
the
mobile
home
at
the
hearing.
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The
notice
shall
state
that
failure
to
assert
a
claim
to
the
1
mobile
home
within
the
judicial
proceedings
is
deemed
a
waiver
2
of
all
rights,
title,
claims,
and
interest
in
the
mobile
home
3
and
deemed
to
be
consent
to
the
sale
or
disposal
of
the
mobile
4
home.
If
personal
service
cannot
be
completed
in
time
to
give
5
the
lienholder
the
minimum
notice,
the
court
may
set
a
new
6
hearing
date.
7
The
bill
provides
that
in
the
event
a
tenant
who
was
sole
8
owner
of
a
mobile
home
dies
during
the
term
of
the
rental
9
agreement
resulting
in
the
mobile
home
being
abandoned,
then
10
that
person’s
heirs
or
legal
representative
or
the
landlord
11
shall
have
the
right
to
cancel
the
tenant’s
lease
by
giving
12
60
days’
written
notice
to
the
person’s
heirs
or
legal
13
representative
or
to
the
landlord,
whichever
is
appropriate,
14
and
the
heirs
or
the
legal
representative
shall
have
the
same
15
rights,
privileges
and
liabilities
of
the
original
tenant.
16
The
bill
provides
that
if
a
claimant
that
asserts
a
claim
17
to
the
property,
the
judgment
shall
be
satisfied
before
18
the
claimant
may
take
possession
of
the
property
except
as
19
otherwise
ordered
by
the
court.
Unless
the
court
otherwise
20
provides,
if
a
claimant
satisfies
the
judgment
at
the
time
of
21
entry,
the
court
shall
enter
an
order
allowing
the
claimant
22
to
remove
the
property
from
its
location,
and
the
court
shall
23
direct
the
amount
of
rent
or
storage
charged.
24
The
bill
provides
that
in
a
proceeding
for
disposal
of
25
property,
if
a
lienholder
or
other
claimant
asserts
a
claim
to
26
the
property
within
a
judicial
proceeding,
that
person
shall
27
be
notified
of
the
sale
by
restricted
certified
mail
not
less
28
than
five
days
before
the
sale.
A
sale
made
after
the
notice
29
is
provided
shall
discharge
any
lien.
The
real
property
owner
30
may
propose
to
retain
the
mobile
home
and
personal
property
in
31
satisfaction
of
the
judgment
by
written
notice
of
the
proposal
32
sent
to
the
mobile
home
owner,
lienholder,
or
other
claimant,
33
if
that
person
has
asserted
a
claim
to
the
mobile
home
or
34
personal
property
in
the
judicial
proceedings.
If
the
real
35
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property
owner
receives
objection
in
writing
from
the
mobile
1
home
owner,
lienholder,
or
other
claimant
within
21
days
after
2
the
notice
was
sent,
the
real
property
owner
shall
dispose
of
3
the
mobile
home
and
personal
property.
If
no
written
objection
4
is
received
by
the
real
property
owner,
the
mobile
home
and
5
personal
property
may
be
retained.
Retention
of
the
mobile
6
home
and
personal
property
discharges
the
judgment
of
the
real
7
property
owner,
any
tax
lien,
and
any
other
lien.
8
Current
law
provides
that
any
proceeds
in
a
proceeding
for
9
the
disposal
of
a
mobile
home
and
personal
property
shall
be
10
distributed
in
the
following
order:
(1)
to
satisfy
the
real
11
property
owner’s
judgment,
(2)
to
satisfy
any
tax
lien,
and
(3)
12
into
a
surplus
which
is
held
by
the
real
property
owner
for
13
six
months
to
be
reclaimed
by
the
mobile
home
owner,
and
if
14
the
mobile
home
owner
fails
to
claim
the
surplus,
the
surplus
15
may
be
retained
by
the
real
property
owner.
The
bill
provides
16
that
after
using
proceeds
to
satisfy
a
tax
lien,
the
proceeds
17
must
be
used
to
satisfy
any
other
lien,
and
then
any
remaining
18
amounts
are
the
surplus.
19
The
bill
provides
that
if
a
tenant
who
was
sole
owner
of
a
20
mobile
home
dies
during
the
term
of
a
rental
agreement,
then
21
that
person’s
heirs
at
law
or
the
personal
representative
22
of
the
decedent’s
estate,
or
the
landlord
shall
have
the
23
right
to
cancel
the
tenant’s
lease
by
giving
60
days’
24
written
notice
to
the
person’s
heirs
at
law
or
the
personal
25
representative
of
the
decedent’s
estate,
or
to
the
landlord,
26
whichever
is
appropriate,
and
the
heirs
at
law
or
the
personal
27
representative
of
the
decedent’s
estate
shall
have
the
same
28
rights,
privileges,
and
liabilities
of
the
original
tenant,
29
provided
that
such
heirs
at
law
or
personal
representative
of
30
the
estate
shall
not
have
the
right
to
occupy
or
otherwise
31
use
the
home
or
mobile
home
space
as
a
tenant
unless
approved
32
by
the
landlord
as
a
tenant.
In
the
event
the
landlord,
33
after
such
a
written
notice
is
given
and
the
tenant’s
lease
34
is
canceled,
brings
an
action
for
forcible
entry
and
detainer
35
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or
action
for
abandonment,
the
estate
of
the
tenant
and
the
1
person’s
located
heirs
at
law
or
personal
representative
shall
2
be
named
as
defendants
in
the
action.
The
landlord
may
serve
3
notice
upon
such
defendants
pursuant
to
the
method
set
forth
in
4
Code
section
562B.27A
or
by
mailing
notice
by
both
regular
mail
5
and
certified
mail
to
the
defendant’s
last
known
address.
6
The
bill
provides
that
if
a
tenant
who
was
sole
owner
of
7
a
mobile
home
dies
during
the
term
of
a
rental
agreement
8
resulting
in
the
mobile
home
being
abandoned
and
the
landlord
9
cannot
locate
such
a
tenant’s
heirs
at
law
or
personal
10
representative,
then
the
landlord
may
bring
an
action
for
11
abandonment
naming
as
defendants
the
estate
of
the
tenant
12
and
all
unknown
heirs
at
law
of
the
tenant,
and,
upon
the
13
landlord’s
filing
of
an
affidavit
that
personal
service
cannot
14
be
had
on
any
heirs
at
law,
personal
representative,
or
estate
15
of
the
tenant,
the
court
shall
permit
original
notice
of
16
such
action
to
be
served
by
publication
once
each
week
for
17
three
consecutive
weeks
in
a
newspaper
of
general
circulation
18
published
in
the
county
where
the
petition
is
filed.
Service
19
is
complete
after
the
third
consecutive
weekly
publication.
20
The
bill
provides
in
the
event
any
tax
lien
or
other
liens
21
exist
on
the
mobile
home,
the
landlord
may
proceed
with
an
22
action
for
abandonment
with
notice
provided
to
the
county
23
treasurer
if
a
tax
lien
exists,
and
personal
service
upon
any
24
lienholder
no
less
than
20
days
before
the
hearing.
Any
notice
25
to
a
lienholder
shall
state
that
failure
to
assert
a
claim
26
to
the
mobile
home
is
deemed
a
waiver
of
all
rights,
title,
27
claims,
and
interest
in
the
mobile
home
and
is
deemed
consent
28
to
the
sale
or
disposal
of
the
mobile
home.
If
personal
29
service
upon
the
lienholder
cannot
be
completed
in
time
to
give
30
the
lienholder
the
minimum
notice
required
by
the
bill,
the
31
court
may
set
a
new
hearing
date.
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