Senate
Study
Bill
3151
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
DAWSON)
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
6231XC
(1)
89
cm/jh
S.F.
_____
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
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6231XC
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28
S.F.
_____
home
space
available
for
another
mobile
home.
1
Sec.
5.
Section
562B.14,
subsection
7,
Code
2022,
is
amended
2
to
read
as
follows:
3
7.
Each
tenant
shall
be
notified,
in
writing,
of
any
rent
4
increase
at
least
sixty
ninety
days
before
the
effective
date.
5
Such
effective
date
shall
not
be
sooner
than
the
expiration
6
date
of
the
original
rental
agreement
or
any
renewal
or
7
extension
thereof.
8
Sec.
6.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
9
deemed
of
immediate
importance,
takes
effect
upon
enactment.
10
Sec.
7.
APPLICABILITY.
This
division
of
this
Act
applies
to
11
rent
increases
first
noticed
under
chapter
562B
occurring
on
or
12
after
the
effective
date
of
this
division
of
this
Act.
13
DIVISION
III
14
DISCLOSURE
OF
UTILITY
CHARGES
15
Sec.
8.
Section
562B.14,
subsection
6,
Code
2022,
is
amended
16
to
read
as
follows:
17
6.
a.
The
landlord
or
any
person
authorized
to
enter
into
18
a
rental
agreement
on
the
landlord’s
behalf
shall
provide
a
19
written
explanation
of
utility
rates,
charges
and
services
to
20
the
prospective
tenant
before
the
rental
agreement
is
signed
21
unless
the
utility
charges
are
paid
by
the
tenant
directly
to
22
the
utility
company.
23
b.
Tenants
shall
be
notified
of
any
increase
in
utility
24
rates
or
charges
in
the
manner
set
forth
in
subsection
7,
for
25
rent
increases,
unless
the
landlord
obtains
the
utility
service
26
from
a
utility
provider
and
does
not
receive
at
least
ninety
27
days
prior
notice
of
such
increase
from
the
utility
provider
in
28
which
case
no
prior
notice
of
the
increase
from
the
landlord
to
29
the
tenant
is
required
for
the
increase
to
be
effective.
30
DIVISION
IV
31
WRONGFUL
FAILURE
TO
PROVIDE
ESSENTIAL
SERVICES
32
Sec.
9.
NEW
SECTION
.
562B.23A
Wrongful
failure
to
supply
33
running
water
or
essential
services.
34
1.
If
contrary
to
the
rental
agreement
or
section
562B.16
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_____
the
landlord
deliberately
or
negligently
fails
to
supply
1
running
water
or
other
essential
services,
the
tenant
may
give
2
written
notice
to
the
landlord
specifying
the
breach
and
may
3
do
one
of
the
following:
4
a.
Procure
reasonable
amounts
of
water
or
other
essential
5
services
during
the
period
of
the
landlord’s
noncompliance
and
6
deduct
the
actual
and
reasonable
cost
from
the
rent.
7
b.
Recover
damages
based
upon
the
diminution
in
the
fair
8
market
value
of
the
mobile
home
space.
9
c.
Recover
any
rent
already
paid
for
the
period
of
the
10
landlord’s
noncompliance
which
shall
be
reimbursed
on
a
pro
11
rata
basis.
12
2.
If
the
tenant
proceeds
under
this
section,
the
tenant
may
13
not
proceed
under
section
562B.22
as
to
that
breach.
14
3.
The
rights
under
this
section
do
not
arise
until
the
15
tenant
has
given
notice
to
the
landlord
or
if
the
condition
was
16
caused
by
the
deliberate
or
negligent
act
or
omission
of
the
17
tenant,
a
member
of
the
tenant’s
family,
or
other
person
on
the
18
premises
with
the
consent
of
the
tenant.
19
Sec.
10.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
20
deemed
of
immediate
importance,
takes
effect
upon
enactment.
21
DIVISION
V
22
DENIAL
OF
RENTAL
OR
REFUSAL
OF
SALE
23
Sec.
11.
Section
562B.19,
subsection
3,
paragraph
c,
Code
24
2022,
is
amended
to
read
as
follows:
25
c.
Deny
any
resident
of
a
manufactured
home
community
26
or
mobile
home
park
the
right
to
sell
that
person’s
mobile
27
home
at
a
price
of
the
person’s
own
choosing,
but
may
reserve
28
the
right
to
approve
the
purchaser
of
such
mobile
home
as
a
29
tenant
but
such
permission
may
not
be
unreasonably
withheld,
30
provided
however,
that
the
landlord
may,
in
the
event
of
a
31
sale
to
a
third
party,
in
order
to
upgrade
the
quality
of
32
the
manufactured
home
community
or
mobile
home
park,
require
33
that
any
mobile
home
in
a
rundown
condition
or
in
disrepair
be
34
removed
from
the
manufactured
home
community
or
park
within
35
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28
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_____
sixty
days.
If
the
landlord
does
not
approve
the
purchaser
as
1
a
tenant,
the
landlord
shall
provide
the
purchaser
with
written
2
notice
of
such
denial
and
the
general
reason
for
the
denial,
3
but
the
landlord
shall
not
be
required
to
provide
a
specific
4
reason
for
the
denial.
5
DIVISION
VI
6
PROHIBITED
RENTAL
AGREEMENT
PROVISION
——
HOME
EQUIPMENT
7
Sec.
12.
Section
562B.11,
subsection
1,
Code
2022,
is
8
amended
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
e.
Agrees
to
modify
the
mobile
home,
10
manufactured
home,
or
modular
home
in
a
way
that
would
11
substantially
impair
the
ability
of
the
tenant
to
move
the
12
home
from
the
mobile
home
space,
unless
such
modification
is
13
required
by
federal
law,
including
but
not
limited
to
the
14
model
manufactured
home
installation
standards,
24
C.F.R.
pt.
15
3285,
the
manufactured
home
construction
and
safety
standards,
16
24
C.F.R.
pt.
3280,
or
the
manufactured
home
procedural
and
17
enforcement
regulations,
24
C.F.R.
pt.
3282,
or
by
state
or
18
local
law,
the
manufacturer’s
installation
instructions,
any
19
requirement
arising
from
the
landlord’s
financing
of
the
home
20
or
of
the
mobile
home
park
or
manufactured
home
community
in
21
which
the
home
is
located,
or
unless
such
modification
is
22
otherwise
necessary
for
the
safe
and
proper
installation
of
the
23
home.
24
DIVISION
VII
25
LANDLORD
SALES
26
Sec.
13.
NEW
SECTION
.
562B.17A
Sale
of
mobile
home
by
27
landlord.
28
1.
Any
sale
of
a
mobile
home
located
in
a
manufactured
home
29
community
or
mobile
home
park
by
a
landlord
or
landlord’s
agent
30
shall
be
by
written
agreement
and
the
landlord
shall,
upon
the
31
buyer’s
fulfillment
of
all
payment
and
other
terms
under
the
32
agreement,
produce
and
assign
the
current
certificate
of
title
33
obtained
from
the
department
of
transportation.
The
agreement
34
shall
state
the
basic
terms
of
sale,
including
the
total
35
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_____
cost
of
the
mobile
home,
and,
in
the
case
of
an
installment
1
contract,
finance
charges,
annual
percentage
rate,
and
the
2
frequency
and
amount
of
each
installment
payment.
3
2.
If
such
sale
does
not
comply
with
this
section,
the
4
court
may
award
monetary
or
equitable
relief,
including
voiding
5
the
sale,
and
the
buyer
may
recover
damages
incurred,
amounts
6
paid
as
a
rental
deposit
in
excess
of
two
months’
rent,
and
7
reasonable
attorney
fees.
8
3.
A
claim
under
subsection
2
may
be
combined
with
an
action
9
under
chapter
648.
10
Sec.
14.
Section
648.19,
subsection
1,
Code
2022,
is
amended
11
to
read
as
follows:
12
1.
An
action
under
this
chapter
shall
not
be
filed
in
13
connection
with
any
other
action,
with
the
exception
of
a
claim
14
for
rent
or
recovery
as
provided
in
section
555B.3
,
562A.24
,
15
562A.32
,
562B.17A,
562B.22
,
562B.25
,
or
562B.27
,
nor
shall
it
16
be
made
the
subject
of
counterclaim.
17
DIVISION
VIII
18
SALE
OF
MANUFACTURED
HOME
COMMUNITY
OR
MOBILE
HOME
PARK
19
Sec.
15.
NEW
SECTION
.
562B.16A
Sale
of
manufactured
home
20
community
or
mobile
home
park
——
notices.
21
Upon
termination
of
the
landlord’s
interest
in
the
22
manufactured
home
community
or
mobile
home
park,
the
landlord’s
23
successor
in
interest
shall
have
the
same
legal
obligations,
24
rights,
and
remedies
of
the
landlord,
including
with
respect
to
25
all
rental
agreements.
26
Sec.
16.
APPLICABILITY.
This
division
of
this
Act
applies
27
to
manufactured
home
community
or
mobile
home
park
sale
28
transactions
made
on
or
after
the
effective
date
of
this
29
division
of
this
Act.
30
DIVISION
IX
31
MANUFACTURED
HOME
AND
MOBILE
HOME
TAX
32
Sec.
17.
Section
29C.24,
subsection
3,
paragraph
a,
33
subparagraph
(6),
Code
2022,
is
amended
to
read
as
follows:
34
(6)
The
assessment
of
property
taxes
by
the
department
35
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28
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_____
of
revenue
under
sections
428.24
through
428.26
,
428.28
,
and
1
428.29
,
or
chapters
433
,
434
,
435
,
and
437
through
438
,
or
by
2
a
local
assessor
under
another
provision
of
law,
on
property
3
brought
into
the
state
to
aid
in
the
performance
of
disaster
4
or
emergency-related
work
during
a
disaster
response
period
if
5
such
property
does
not
remain
in
the
state
after
the
conclusion
6
of
the
disaster
response
period.
7
Sec.
18.
Section
321.24,
subsection
1,
Code
2022,
is
amended
8
to
read
as
follows:
9
1.
Upon
receipt
of
the
application
for
title
and
payment
of
10
the
required
fees
for
a
motor
vehicle,
trailer,
or
semitrailer,
11
the
county
treasurer
or
the
department
shall,
when
satisfied
12
as
to
the
application’s
genuineness
and
regularity,
and,
in
13
the
case
of
a
mobile
home
or
manufactured
home,
that
taxes
14
are
not
owing
under
chapter
423
or
435
,
issue
a
certificate
15
of
title
and,
except
for
a
mobile
home
or
manufactured
home,
16
a
registration
receipt,
and
shall
file
the
application,
the
17
manufacturer’s
or
importer’s
certificate,
the
certificate
of
18
title,
or
other
evidence
of
ownership,
as
prescribed
by
the
19
department.
The
registration
receipt
shall
be
delivered
to
the
20
owner
and
shall
contain
upon
its
face
the
date
issued,
the
name
21
and
address
of
the
owner,
the
registration
number
assigned
to
22
the
vehicle,
the
amount
of
the
fee
paid,
the
type
of
fuel
used,
23
a
description
of
the
vehicle
as
determined
by
the
department,
24
and
a
form
for
notice
of
transfer
of
the
vehicle.
The
name
25
and
address
of
any
lessee
of
the
vehicle
shall
not
be
printed
26
on
the
registration
receipt
or
certificate
of
title.
Up
to
27
three
owners
may
be
listed
on
the
registration
receipt
and
28
certificate
of
title.
29
Sec.
19.
Section
321.30,
subsection
1,
paragraph
j,
Code
30
2022,
is
amended
by
striking
the
paragraph.
31
Sec.
20.
Section
321.46,
subsection
2,
Code
2022,
is
amended
32
to
read
as
follows:
33
2.
Upon
filing
the
application
for
a
new
registration
and
34
a
new
title,
the
applicant
shall
pay
a
title
fee
of
twenty
35
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28
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_____
dollars,
an
annual
registration
fee
prorated
for
the
remaining
1
unexpired
months
of
the
registration
year,
and
a
fee
for
new
2
registration
if
applicable.
A
manufacturer
applying
for
a
3
certificate
of
title
pursuant
to
section
322G.12
shall
pay
a
4
title
fee
of
ten
dollars.
However,
a
title
fee
shall
not
be
5
charged
to
a
manufactured
or
mobile
home
retailer
applying
for
6
a
certificate
of
title
for
a
used
mobile
home
or
manufactured
7
home,
titled
in
Iowa,
as
required
under
section
321.45,
8
subsection
4
.
The
county
treasurer,
if
satisfied
of
the
9
genuineness
and
regularity
of
the
application
,
and
in
the
case
10
of
a
mobile
home
or
manufactured
home,
that
taxes
are
not
owing
11
under
chapter
435
,
and
that
the
applicant
has
complied
with
all
12
the
requirements
of
this
chapter
,
shall
issue
a
new
certificate
13
of
title
and,
except
for
a
mobile
home,
manufactured
home,
14
or
a
vehicle
returned
to
and
accepted
by
a
manufacturer
as
15
described
in
section
322G.12
,
a
registration
card
to
the
16
purchaser
or
transferee,
shall
cancel
the
prior
registration
17
for
the
vehicle,
and
shall
forward
the
necessary
copies
to
the
18
department
on
the
date
of
issuance,
as
prescribed
in
section
19
321.24
.
Mobile
homes
or
manufactured
homes
titled
under
20
chapter
448
that
have
been
subject
under
section
446.18
to
a
21
public
bidder
sale
in
a
county
shall
be
titled
in
the
county’s
22
name,
with
no
fee,
and
the
county
treasurer
shall
issue
the
23
title.
24
Sec.
21.
Section
321.101,
subsection
2,
Code
2022,
is
25
amended
to
read
as
follows:
26
2.
The
department
shall
cancel
a
certificate
of
title
that
27
appears
to
have
been
improperly
issued
or
fraudulently
obtained
28
or,
in
the
case
of
a
mobile
home
or
manufactured
home,
if
taxes
29
were
owing
under
chapter
435
at
the
time
the
certificate
was
30
issued
and
have
not
been
paid.
However,
before
the
certificate
31
to
a
mobile
home
or
manufactured
home
for
which
taxes
were
32
owing
can
be
canceled,
notice
and
opportunity
to
pay
the
taxes
33
must
be
given
to
the
person
to
whom
the
certificate
was
issued.
34
Upon
cancellation
of
a
certificate
of
title,
the
department
35
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shall
notify
the
county
treasurer
who
issued
it,
who
shall
1
enter
the
cancellation
upon
the
records
.
The
department
shall
2
also
notify
the
person
to
whom
the
certificate
of
title
was
3
issued,
as
well
as
each
lienholder
who
has
a
perfected
lien,
4
of
the
cancellation
and
shall
demand
the
surrender
of
the
5
certificate
of
title,
but
the
cancellation
shall
not
affect
the
6
validity
of
any
perfected
lien.
7
Sec.
22.
Section
321.123,
subsection
2,
paragraph
b,
Code
8
2022,
is
amended
to
read
as
follows:
9
b.
A
travel
trailer
may
be
stored
under
section
321.134
,
10
provided
the
travel
trailer
is
not
used
for
human
habitation
11
for
any
period
during
storage
and
is
not
moved
upon
the
12
highways
of
the
state.
A
travel
trailer
stored
under
section
13
321.134
is
not
subject
to
a
manufactured
or
mobile
home
tax
14
assessed
under
chapter
435
.
15
Sec.
23.
Section
331.429,
subsection
1,
paragraphs
a
and
b,
16
Code
2022,
are
amended
to
read
as
follows:
17
a.
Transfers
from
the
general
fund
not
to
exceed
in
any
year
18
the
dollar
equivalent
of
a
tax
of
sixteen
and
seven-eighths
19
cents
per
thousand
dollars
of
assessed
value
on
all
taxable
20
property
in
the
county
multiplied
by
the
ratio
of
current
21
taxes
actually
collected
and
apportioned
for
the
general
basic
22
levy
to
the
total
general
basic
levy
for
the
current
year,
23
and
an
amount
equivalent
to
the
moneys
derived
by
the
general
24
fund
from
military
service
tax
credits
under
chapter
426A
,
25
manufactured
or
mobile
home
taxes
under
section
435.22
,
and
26
delinquent
taxes
for
prior
years
collected
and
apportioned
to
27
the
general
basic
fund
in
the
current
year,
multiplied
by
the
28
ratio
of
sixteen
and
seven-eighths
cents
to
three
dollars
and
29
fifty
cents.
The
limit
on
transfers
in
this
paragraph
applies
30
only
to
property
tax
revenue
and
is
not
a
limit
on
transfers
of
31
revenue
generated
from
sources
other
than
property
taxes.
32
b.
Transfers
from
the
rural
services
fund
not
to
exceed
33
in
any
year
the
dollar
equivalent
of
a
tax
of
three
dollars
34
and
three-eighths
cents
per
thousand
dollars
of
assessed
value
35
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on
all
taxable
property
not
located
within
the
corporate
1
limits
of
a
city
in
the
county
multiplied
by
the
ratio
of
2
current
taxes
actually
collected
and
apportioned
for
the
rural
3
services
basic
levy
to
the
total
rural
services
basic
levy
4
for
the
current
year
and
an
amount
equivalent
to
the
moneys
5
derived
by
the
rural
services
fund
from
military
service
tax
6
credits
under
chapter
426A
,
manufactured
or
mobile
home
taxes
7
under
section
435.22
,
and
delinquent
taxes
for
prior
years
8
collected
and
apportioned
to
the
rural
services
basic
fund
in
9
the
current
year,
multiplied
by
the
ratio
of
three
dollars
and
10
three-eighths
cents
to
three
dollars
and
ninety-five
cents.
11
The
limit
on
transfers
in
this
paragraph
applies
only
to
12
property
tax
revenue
and
is
not
a
limit
on
transfers
of
revenue
13
generated
from
sources
other
than
property
taxes.
14
Sec.
24.
Section
331.559,
subsection
1,
Code
2022,
is
15
amended
by
striking
the
subsection.
16
Sec.
25.
Section
331.653,
subsection
17,
Code
2022,
is
17
amended
by
striking
the
subsection.
18
Sec.
26.
Section
335.30A,
subsection
2,
Code
2022,
is
19
amended
to
read
as
follows:
20
2.
“Land-leased
community”
means
any
site,
lot,
field,
21
or
tract
of
land
under
common
ownership
upon
which
ten
or
22
more
occupied
manufactured
homes
are
harbored,
either
free
of
23
charge
or
for
revenue
purposes,
and
shall
include
any
building,
24
structure,
or
enclosure
used
or
intended
for
use
as
part
of
the
25
equipment
of
the
land-leased
community.
The
term
“land-leased
26
community”
shall
not
be
construed
to
include
homes,
buildings,
27
or
other
structures
temporarily
maintained
by
any
individual,
28
educational
institution,
or
company
on
their
own
premises
and
29
used
exclusively
to
house
their
own
labor
or
students.
A
30
manufactured
home
located
in
a
land-leased
community
shall
be
31
taxed
under
section
435.22
as
if
the
manufactured
home
were
32
located
in
a
mobile
home
park.
33
Sec.
27.
Section
414.28A,
subsection
3,
Code
2022,
is
34
amended
by
striking
the
subsection.
35
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Sec.
28.
Section
427A.1,
subsection
1,
paragraph
c,
Code
1
2022,
is
amended
to
read
as
follows:
2
c.
Buildings,
structures,
or
improvements,
any
of
which
are
3
constructed
on
or
in
the
land,
attached
to
the
land,
or
placed
4
upon
a
foundation
whether
or
not
attached
to
the
foundation.
5
However,
property
taxed
under
chapter
435
,
property
that
is
a
6
concrete
batch
plant
as
that
term
is
defined
in
subsection
4
,
7
and
to
the
extent
provided
in
subsection
7
,
property
that
is
8
transmission
property
shall
not
be
assessed
and
taxed
as
real
9
property.
10
Sec.
29.
Section
435.2,
Code
2022,
is
amended
to
read
as
11
follows:
12
435.2
Placement
and
taxation.
13
1.
If
a
mobile
home
is
placed
outside
a
mobile
home
park
14
or
manufactured
home
community
,
the
home
is
to
be
assessed
and
15
taxed
as
real
estate.
If
and
while
a
mobile
home
is
placed
16
inside
a
mobile
home
park
or
manufactured
home
community,
the
17
home,
as
well
as
any
and
all
garages,
accessory
buildings,
and
18
appurtenances
to
the
home,
are
exempt
from
property
tax.
19
2.
If
a
manufactured
home
is
placed
in
a
manufactured
home
20
community
or
a
mobile
home
park,
the
home
must
be
titled
,
and
21
is
subject
to
the
manufactured
or
mobile
home
square
foot
tax
22
the
home,
as
well
as
any
and
all
garages,
accessory
buildings,
23
and
appurtenances
to
the
home,
are
exempt
from
property
tax
.
24
If
a
manufactured
home
is
placed
outside
a
manufactured
home
25
community
or
a
mobile
home
park,
the
home
must
be
titled
and
is
26
to
be
assessed
and
taxed
as
real
estate.
27
3.
For
the
purposes
of
this
chapter
,
a
modular
home
shall
28
not
be
construed
to
be
a
mobile
home
or
manufactured
home.
If
29
a
modular
home
is
placed
inside
or
outside
a
manufactured
home
30
community
or
a
mobile
home
park,
the
home
shall
be
considered
31
real
property
and
is
to
be
assessed
and
taxed
as
real
estate.
32
However,
if
If
a
modular
home
is
placed
in
a
manufactured
home
33
community
or
mobile
home
park
which
was
in
existence
on
or
34
before
January
1,
1998
,
that
modular
home
,
as
well
as
any
and
35
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_____
all
garages,
accessory
buildings,
and
appurtenances
to
the
1
home,
shall
be
subject
to
property
tax
pursuant
to
section
2
435.22
exempt
from
property
tax
.
This
subsection
shall
not
3
prohibit
the
location
of
a
modular
home
within
a
manufactured
4
home
community
or
mobile
home
park.
5
Sec.
30.
Section
435.23,
Code
2022,
is
amended
to
read
as
6
follows:
7
435.23
Exemptions
——
prorating
tax
.
8
1.
The
manufacturer’s
and
retailer’s
inventory
of
mobile
9
homes,
manufactured
homes,
or
modular
homes
not
in
use
as
a
10
place
of
human
habitation
shall
be
exempt
from
the
annual
11
property
tax
and
any
personal
property
tax
.
All
travel
12
trailers,
fifth-wheel
travel
trailers,
and
towable
recreational
13
vehicles
shall
be
exempt
from
this
tax.
The
homes,
travel
14
trailers,
fifth-wheel
travel
trailers,
and
towable
recreational
15
vehicles
in
the
inventory
of
manufacturers
and
retailers
shall
16
be
exempt
from
personal
property
tax.
17
2.
The
homes
coming
into
Iowa
from
out
of
state
and
located
18
in
a
manufactured
home
community
or
mobile
home
park
shall
19
be
liable
for
the
tax
computed
pro
rata
to
the
nearest
whole
20
month,
for
the
time
the
home
is
actually
situated
in
Iowa.
21
Sec.
31.
Section
435.24,
Code
2022,
is
amended
by
striking
22
the
section
and
inserting
in
lieu
thereof
the
following:
23
435.24
Location
of
homes
and
reporting.
24
1.
Upon
issuance
of
a
certificate
of
title
or
upon
25
transporting
the
home
to
a
new
site
or
to
a
location
outside
26
of
a
manufactured
home
community
or
mobile
home
park,
the
home
27
owner
shall
file
the
address,
township,
and
school
district
28
of
the
location
where
the
home
is
parked
with
the
county
29
assessor’s
office.
Failure
to
comply
is
punishable
as
set
out
30
in
section
435.18.
31
2.
Each
manufactured
home
community
or
mobile
home
park
32
owner
or
manager
shall
notify
monthly
the
county
assessor
33
concerning
any
home
arriving
in
or
departing
from
the
34
manufactured
home
community
or
mobile
home
park.
The
records
35
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of
the
community
or
park
owner
shall
be
open
to
inspection
by
a
1
duly
authorized
representative
of
any
law
enforcement
agency.
2
The
manufactured
home
community
or
mobile
home
park
owner
or
3
manager
shall
make
an
annual
report
to
the
county
assessor
due
4
June
1
of
the
homes
sited
in
the
manufactured
home
community
or
5
mobile
home
park,
listing
the
owner
and
mailing
address
of
each
6
home
located
in
the
manufactured
home
community
or
mobile
home
7
park.
The
report
is
delinquent
if
not
filed
with
the
county
8
assessor
by
June
30.
9
Sec.
32.
Section
435.26A,
subsection
3,
Code
2022,
is
10
amended
to
read
as
follows:
11
3.
After
the
surrender
of
a
manufactured
home’s
certificate
12
of
title
under
this
section
,
the
manufactured
home
shall
13
continue
to
be
taxed
under
section
435.22
and
is
not
eligible
14
for
the
homestead
tax
credit
or
the
military
service
tax
15
exemption.
A
foreclosure
action
on
a
manufactured
home
16
whose
title
has
been
surrendered
under
this
section
shall
be
17
conducted
as
a
real
estate
foreclosure.
A
tax
lien
and
its
18
priority
shall
remain
the
same
on
a
manufactured
home
after
its
19
certificate
of
title
has
been
surrendered.
20
Sec.
33.
Section
435.27,
subsections
1
and
3,
Code
2022,
are
21
amended
to
read
as
follows:
22
1.
A
mobile
home
or
manufactured
home
converted
to
real
23
estate
under
section
435.26
may
be
reconverted
to
a
home
as
24
provided
in
this
section
when
it
is
moved
to
a
manufactured
25
home
community
or
mobile
home
park
or
a
manufactured
or
mobile
26
home
retailer’s
inventory.
When
the
home
is
located
within
27
a
manufactured
home
community
or
mobile
home
park,
the
home
,
28
as
well
as
any
and
all
garages,
accessory
buildings,
and
29
appurtenances
to
the
home,
shall
be
taxed
pursuant
to
section
30
435.22,
subsection
1
,
paragraph
“a”
exempt
from
property
tax
as
31
provided
in
this
chapter
.
32
3.
After
compliance
with
subsection
2
and
receipt
of
the
33
title,
the
owner
shall
notify
the
assessor
of
the
reconversion.
34
The
assessor
shall
remove
the
assessed
valuation
of
the
home
35
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_____
from
assessment
rolls
as
of
the
succeeding
January
1
when
the
1
home
becomes
subject
to
taxation
as
provided
under
section
2
435.24
,
as
well
as
any
and
all
garages,
accessory
buildings,
3
and
appurtenances
to
the
home,
become
exempt
from
property
tax
4
as
provided
in
this
chapter
.
5
Sec.
34.
Section
435.33,
Code
2022,
is
amended
to
read
as
6
follows:
7
435.33
Rent
reimbursement.
8
A
home
owner
who
qualifies
for
a
reduced
tax
rate
provided
9
in
section
435.22
the
exemption
under
this
chapter
and
who
10
rents
a
space
upon
which
to
set
the
home
shall
be
entitled
to
11
the
protections
provided
in
sections
425.33
through
425.36
12
and
if
the
home
owner
who
qualifies
for
a
reduced
tax
rate
13
the
exemption
believes
that
a
landlord
has
increased
the
home
14
owner’s
rent
because
the
home
owner
is
eligible
for
a
reduced
15
tax
rate
the
exemption
,
the
provisions
of
sections
425.33
and
16
425.36
shall
be
applicable.
17
Sec.
35.
Section
445.1,
subsection
8,
Code
2022,
is
amended
18
to
read
as
follows:
19
8.
“Taxes”
means
an
annual
ad
valorem
tax,
a
special
20
assessment,
a
drainage
tax,
and
a
rate
or
charge
,
and
taxes
21
on
homes
pursuant
to
chapter
435
which
are
collectible
by
the
22
county
treasurer.
23
Sec.
36.
Section
445.5,
subsection
6,
Code
2022,
is
amended
24
to
read
as
follows:
25
6.
The
county
treasurer
shall
deliver
to
the
taxpayer
a
26
receipt
stating
the
year
of
tax,
date
of
payment,
a
description
27
of
the
parcel,
and
the
amount
of
taxes,
interest,
fees,
and
28
costs
paid
when
payment
is
made
by
cash
tender.
A
receipt
29
for
other
payment
tender
types
shall
only
be
delivered
upon
30
request.
The
receipt
shall
be
in
full
for
the
first
half,
31
second
half,
or
full
year
amounts
unless
a
payment
is
made
32
under
section
445.36A
or
435.24,
subsection
6
.
33
Sec.
37.
Section
445.57,
subsection
1,
Code
2022,
is
amended
34
to
read
as
follows:
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1.
On
or
before
the
tenth
day
of
each
month,
the
county
1
treasurer
shall
apportion
all
taxes
collected
during
the
2
preceding
month,
except
partial
payment
amounts
collected
3
pursuant
to
section
445.36A,
subsection
1
,
partial
payments
4
collected
and
not
yet
designated
by
the
county
treasurer
5
for
apportionment
pursuant
to
section
445.36A,
subsection
6
2
,
partial
payments
collected
pursuant
to
section
435.24,
7
subsection
6
,
paragraph
“a”
,
and
partial
payments
collected
and
8
not
yet
designated
by
the
county
treasurer
for
apportionment
9
pursuant
to
section
435.24,
subsection
6
,
paragraph
“b”
,
among
10
the
several
funds
to
which
they
belong
according
to
the
amount
11
levied
for
each
fund,
and
shall
apportion
the
interest,
fees,
12
and
costs
on
the
taxes
to
the
general
fund,
and
shall
enter
13
those
amounts
upon
the
treasurer’s
cash
account,
and
report
the
14
amounts
to
the
county
auditor.
15
Sec.
38.
Section
555B.2,
subsection
1,
Code
2022,
is
amended
16
to
read
as
follows:
17
1.
A
real
property
owner
may
remove
or
cause
to
be
removed
18
a
mobile
home
and
other
personal
property
which
is
unlawfully
19
parked,
placed,
or
abandoned
on
that
real
property,
and
may
20
cause
the
mobile
home
and
personal
property
to
be
placed
in
21
storage
until
the
owner
of
the
personal
property
pays
a
fair
22
and
reasonable
charge
for
removal,
storage,
or
other
expense
23
incurred,
including
reasonable
attorney
fees,
or
until
a
24
judgment
of
abandonment
is
entered
pursuant
to
section
555B.8
25
provided
that
there
is
no
lien
on
the
mobile
home
or
personal
26
property
other
than
a
tax
lien
pursuant
to
chapter
435
.
For
27
purposes
of
this
chapter
,
a
lien
other
than
a
tax
lien
exists
28
only
if
the
real
property
owner
receives
notice
of
a
lien
29
on
the
standardized
registration
form
completed
by
a
tenant
30
pursuant
to
section
562B.27,
subsection
3
,
or
a
lien
has
been
31
filed
in
state
or
county
records
on
a
date
before
the
mobile
32
home
is
considered
to
be
abandoned.
The
real
property
owner
33
or
the
real
property
owner’s
agent
is
not
liable
for
damages
34
caused
to
the
mobile
home
and
personal
property
by
the
removal
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or
storage
unless
the
damage
is
caused
willfully
or
by
gross
1
negligence.
2
Sec.
39.
Section
555C.1,
subsection
5,
paragraph
b,
Code
3
2022,
is
amended
to
read
as
follows:
4
b.
A
lien
of
record
,
other
than
a
tax
lien
as
provided
in
5
chapter
435
,
does
not
exist
against
the
home.
A
lien
exists
6
only
if
the
real
property
owner
receives
notice
of
a
lien
on
7
the
standardized
registration
form
completed
by
an
owner
or
8
occupant
pursuant
to
chapter
562B
,
or
a
lien
has
been
filed
9
in
the
state
or
county
records
on
a
date
before
the
home
is
10
considered
to
be
valueless.
11
Sec.
40.
Section
555C.3,
Code
2022,
is
amended
to
read
as
12
follows:
13
555C.3
New
title
——
third
party.
14
If
a
new
title
to
a
valueless
home
is
to
be
issued
to
a
15
third
party,
the
county
treasurer
shall
issue
a
new
title,
upon
16
receipt
of
the
affidavit
required
in
section
555C.2
and
payment
17
of
a
fee
pursuant
to
section
321.47
.
Any
tax
lien
levied
18
pursuant
to
chapter
435
is
canceled
and
the
The
ownership
19
interest
of
the
previous
owner
or
occupant
of
the
valueless
20
home
is
terminated
as
of
the
date
of
issuance
of
the
new
title.
21
The
new
title
owner
shall
take
the
title
free
of
all
rights
and
22
interests
even
though
the
manufactured
home
community
or
mobile
23
home
park
owner
fails
to
comply
with
the
requirements
of
this
24
chapter
or
any
judicial
proceedings,
if
the
new
title
owner
25
acts
in
good
faith.
26
Sec.
41.
REPEAL.
Sections
435.22,
435.25,
and
435.29,
Code
27
2022,
are
repealed.
28
Sec.
42.
SAVINGS
PROVISION.
This
division
of
this
Act,
29
pursuant
to
section
4.13,
does
not
affect
the
operation
of,
30
or
prohibit
the
application
of,
prior
provisions
of
chapter
31
435,
or
rules
adopted
under
chapter
17A
to
administer
prior
32
provisions
of
chapter
435,
for
taxes
due
and
payable
under
33
chapter
435
in
fiscal
years
beginning
before
July
1,
2022,
and
34
for
duties,
powers,
protests,
appeals,
proceedings,
actions,
or
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remedies
attributable
to
taxes
due
and
payable
under
chapter
1
435
in
fiscal
years
beginning
before
July
1,
2022.
2
Sec.
43.
APPLICABILITY.
This
division
of
this
Act
applies
3
to
taxes
due
and
payable
under
chapter
435
in
fiscal
years
4
beginning
on
or
after
July
1,
2022.
5
DIVISION
X
6
FORCIBLE
ENTRY
AND
DETAINER
7
Sec.
44.
Section
648.5,
subsections
1
and
3,
Code
2022,
are
8
amended
to
read
as
follows:
9
1.
a.
An
action
for
forcible
entry
and
detainer
shall
10
be
brought
in
a
county
where
all
or
part
of
the
premises
is
11
located.
Such
an
action
shall
be
tried
as
an
equitable
action.
12
Upon
receipt
of
the
petition,
the
court
shall
set
a
date,
time,
13
and
place
for
hearing.
The
court
shall
set
the
date
of
hearing
14
no
later
than
eight
days
from
the
filing
date,
except
that
the
15
court
shall
set
a
later
hearing
date
no
later
than
fifteen
days
16
from
the
date
of
filing
if
the
plaintiff
requests
or
consents
17
to
the
later
date
of
hearing.
18
b.
The
requirement
regarding
the
setting
of
the
initial
19
hearing
in
paragraph
“a”
is
not
a
jurisdictional
requirement
and
20
does
not
affect
the
court’s
subject
matter
jurisdiction
to
hear
21
the
action
for
forcible
entry
and
detainer.
22
3.
Service
of
original
notice
by
mail
is
deemed
completed
23
four
days
after
the
notice
is
deposited
in
the
mail
and
24
postmarked
for
delivery,
whether
or
not
the
recipient
signs
a
25
receipt
for
the
original
notice.
In
computing
the
time
for
26
completion
of
service,
the
first
day
shall
be
excluded
and
the
27
final
day
shall
be
included
regardless
of
whether
the
fourth
28
day
is
a
Saturday,
Sunday,
or
federal
holiday.
29
Sec.
45.
Section
648.18,
Code
2022,
is
amended
to
read
as
30
follows:
31
648.18
Possession
——
bar.
32
1.
Thirty
Except
for
actions
governed
by
subsection
2,
33
thirty
days’
peaceable
possession
with
the
knowledge
of
the
34
plaintiff
after
the
cause
of
action
accrues
is
a
bar
to
this
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proceeding.
1
2.
For
an
action
based
upon
the
nonpayment
of
rent,
ninety
2
days’
peaceable
possession
with
the
knowledge
of
the
plaintiff
3
after
the
cause
of
action
accrues
is
a
bar
to
such
action.
4
DIVISION
XI
5
ABANDONED
MOBILE
HOMES
6
Sec.
46.
Section
555B.3,
Code
2022,
is
amended
to
read
as
7
follows:
8
555B.3
Action
for
abandonment
——
jurisdiction.
9
A
real
property
owner
not
requesting
notification
by
the
10
sheriff
as
provided
in
section
555B.2
may
bring
an
action
11
alleging
abandonment
in
the
court
within
the
county
where
the
12
real
property
is
located
provided
that
there
is
no
lien
on
13
the
mobile
home
or
personal
property
other
than
a
tax
lien
14
pursuant
to
chapter
435
.
The
action
shall
be
tried
as
an
15
equitable
action.
Unless
commenced
as
a
small
claim,
the
16
petition
shall
be
presented
to
a
district
judge.
Upon
receipt
17
of
the
petition,
either
the
court
or
the
clerk
of
the
district
18
court
shall
set
a
date
for
a
hearing
not
later
than
fourteen
19
days
from
the
date
of
the
receipt
of
the
petition
,
except
where
20
there
is
a
lien
on
the
mobile
home
or
personal
property
other
21
than
a
tax
lien,
the
court
or
the
clerk
of
the
district
court
22
shall
set
a
date
for
a
hearing
no
sooner
than
twenty-five
days
23
from
the
date
of
the
receipt
of
the
petition
so
as
to
allow
for
24
service
on
the
lienholder
.
25
Sec.
47.
Section
555B.4,
Code
2022,
is
amended
by
adding
the
26
following
new
subsections:
27
NEW
SUBSECTION
.
4.
If
a
lien
other
than
a
tax
lien
exists
28
on
the
mobile
home
or
personal
property
at
the
time
an
action
29
for
abandonment
is
initiated,
the
personal
service
pursuant
30
to
the
Iowa
rules
of
civil
procedure
shall
be
made
upon
the
31
lienholder
no
less
than
twenty
days
before
the
hearing.
The
32
notice
to
the
lienholder
shall
describe
the
mobile
home
and
33
shall
state
the
docket,
case
number,
date,
and
time
at
which
34
the
hearing
is
scheduled,
and
the
lienholder’s
right
to
assert
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a
claim
to
the
mobile
home
at
the
hearing.
The
notice
shall
1
state
that
failure
to
assert
a
claim
to
the
mobile
home
within
2
the
judicial
proceedings
is
deemed
a
waiver
of
all
rights,
3
title,
claims,
and
interest
in
the
mobile
home
and
deemed
to
4
be
consent
to
the
sale
or
disposal
of
the
mobile
home.
If
5
personal
service
cannot
be
completed
in
time
to
give
the
6
lienholder
the
minimum
notice
required
by
this
subsection,
the
7
court
may
set
a
new
hearing
date.
8
NEW
SUBSECTION
.
5.
In
the
event
a
tenant
who
was
sole
owner
9
of
a
mobile
home
dies
during
the
term
of
the
rental
agreement
10
resulting
in
the
mobile
home
being
abandoned,
service
shall
be
11
made
in
accordance
with
section
562B.10,
subsection
7.
12
Sec.
48.
Section
555B.8,
subsections
2
and
3,
Code
2022,
are
13
amended
to
read
as
follows:
14
2.
If
Except
as
otherwise
ordered
by
the
court,
if
the
15
mobile
home
owner
or
other
claimant
asserts
a
claim
to
the
16
property,
the
judgment
shall
be
satisfied
before
the
mobile
17
home
owner
or
other
claimant
may
take
possession
of
the
mobile
18
home
or
personal
property.
19
3.
If
no
claim
is
asserted
to
the
mobile
home
or
personal
20
property
or
if
the
judgment
is
not
satisfied
at
the
time
of
21
entry,
an
order
shall
be
entered
allowing
the
real
property
22
owner
to
sell
or
otherwise
dispose
of
the
mobile
home
and
23
personal
property
pursuant
to
section
555B.9
.
If
Except
as
24
otherwise
ordered
by
the
court,
if
a
claimant
satisfies
the
25
judgment
at
the
time
of
entry,
the
court
shall
enter
an
order
26
permitting
and
directing
the
claimant
to
remove
the
mobile
home
27
or
personal
property
from
its
location
within
a
reasonable
time
28
to
be
fixed
by
the
court.
The
court
shall
also
determine
the
29
amount
of
further
rent
or
storage
charges
to
be
paid
by
the
30
claimant
to
the
real
property
owner
at
the
time
of
removal.
31
Sec.
49.
Section
555B.9,
subsections
1,
2,
and
4,
Code
2022,
32
are
amended
to
read
as
follows:
33
1.
Pursuant
to
an
order
for
disposal
under
section
555B.8,
34
subsection
3
,
the
real
property
owner
shall
dispose
of
the
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mobile
home
and
personal
property
by
public
or
private
sale
in
1
a
commercially
reasonable
manner.
If
the
personal
property
2
owner
,
lienholder,
or
other
claimant
has
asserted
a
claim
3
to
the
mobile
home
or
personal
property
within
the
judicial
4
proceedings
,
that
person
shall
be
notified
of
the
sale
by
5
restricted
certified
mail
not
less
than
five
days
before
the
6
sale.
The
notice
is
deemed
given
upon
the
mailing.
The
real
7
property
owner
may
buy
at
any
public
sale,
and
if
the
mobile
8
home
or
personal
property
is
of
a
type
customarily
sold
in
9
a
recognized
market
or
is
the
subject
of
widely
distributed
10
standard
price
quotations,
the
real
property
owner
may
buy
at
a
11
private
sale.
12
2.
A
sale
pursuant
to
subsection
1
transfers
to
the
13
purchaser
for
value,
all
of
the
mobile
home
owner’s
rights
14
in
the
mobile
home
and
personal
property,
and
discharges
the
15
real
property
owner’s
interest
in
the
mobile
home
and
personal
16
property
,
and
any
tax
lien
,
and
any
other
lien
.
The
purchaser
17
takes
free
of
all
rights
and
interests
even
though
the
real
18
property
owner
fails
to
comply
with
the
requirements
of
this
19
chapter
or
of
any
judicial
proceedings,
if
the
purchaser
acts
20
in
good
faith.
21
4.
Notwithstanding
subsections
1
through
3
,
the
real
22
property
owner
may
propose
to
retain
the
mobile
home
and
23
personal
property
in
satisfaction
of
the
judgment
obtained
24
pursuant
to
section
555B.8
.
Written
notice
of
the
proposal
25
shall
be
sent
to
the
mobile
home
owner
,
lienholder,
or
other
26
claimant,
if
that
person
has
asserted
a
claim
to
the
mobile
27
home
or
personal
property
in
the
judicial
proceedings.
If
28
the
real
property
owner
receives
objection
in
writing
from
29
the
mobile
home
owner
,
lienholder,
or
other
claimant
within
30
twenty-one
days
after
the
notice
was
sent,
the
real
property
31
owner
shall
dispose
of
the
mobile
home
and
personal
property
32
pursuant
to
subsection
1
.
If
no
written
objection
is
received
33
by
the
real
property
owner
within
twenty-one
days
after
the
34
notice
was
sent,
the
mobile
home
and
personal
property
may
be
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retained.
Retention
of
the
mobile
home
and
personal
property
1
discharges
the
judgment
of
the
real
property
owner
,
and
any
tax
2
lien
,
and
any
other
lien
.
3
Sec.
50.
Section
555B.9,
subsection
3,
Code
2022,
is
amended
4
by
adding
the
following
new
paragraph:
5
NEW
PARAGRAPH
.
0c.
Third,
to
satisfy
any
other
lien
6
for
which
a
claim
was
asserted
pursuant
to
section
555B.4,
7
subsection
4.
8
Sec.
51.
Section
562B.10,
subsection
7,
Code
2022,
is
9
amended
to
read
as
follows:
10
7.
a.
If
a
tenant
who
was
sole
owner
of
a
mobile
home
dies
11
during
the
term
of
a
rental
agreement
then
that
person’s
heirs
12
at
law
or
legal
the
personal
representative
of
the
decedent’s
13
estate,
or
the
landlord
shall
have
the
right
to
cancel
the
14
tenant’s
lease
by
giving
sixty
days’
written
notice
to
the
15
person’s
heirs
at
law
or
legal
the
personal
representative
16
of
the
decedent’s
estate,
or
to
the
landlord,
whichever
17
is
appropriate,
and
the
heirs
at
law
or
the
legal
personal
18
representative
of
the
decedent’s
estate,
shall
have
the
same
19
rights,
privileges
and
liabilities
of
the
original
tenant
,
20
provided
that
such
heirs
at
law
and
personal
representative
21
of
the
estate
shall
not
have
the
right
to
occupy
or
otherwise
22
use
the
home
or
mobile
home
space
as
a
tenant
unless
approved
23
by
the
landlord
as
a
tenant.
In
the
event
the
landlord,
24
after
such
a
written
notice
is
given
and
the
tenant’s
lease
25
is
canceled,
brings
an
action
for
forcible
entry
and
detainer
26
or
action
for
abandonment,
the
estate
of
the
tenant
and
the
27
person’s
located
heirs
at
law
or
personal
representative
shall
28
be
named
as
defendants
in
the
action.
The
landlord
may
serve
29
notice
upon
such
defendants
pursuant
to
the
method
set
forth
30
in
section
562B.27A,
subsection
1,
paragraph
“c”
,
or
by
mailing
31
notice
by
both
regular
mail
and
certified
mail,
as
defined
in
32
section
618.15,
to
the
defendant’s
last
known
address
.
33
b.
(1)
If
a
tenant
who
was
sole
owner
of
a
mobile
home
dies
34
during
the
term
of
a
rental
agreement
resulting
in
the
mobile
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home
being
abandoned
as
provided
in
section
562B.27,
subsection
1
1,
and
the
landlord
cannot,
despite
due
diligence,
locate
such
2
a
tenant’s
heirs
at
law
or
personal
representative,
then
the
3
landlord
may
bring
an
action
for
abandonment
as
provided
in
4
section
555B.3,
naming
as
defendants
the
estate
of
the
tenant
5
and
all
unknown
heirs
at
law
of
the
tenant,
and,
upon
the
6
landlord’s
filing
of
an
affidavit
that
personal
service
cannot
7
be
had
on
any
heirs
at
law,
personal
representative,
or
estate
8
of
the
tenant,
the
court
shall
permit
original
notice
of
such
9
action
to
be
served
by
publication
pursuant
to
subparagraph
10
(2).
11
(2)
Publication
of
original
notice
shall
be
made
once
each
12
week
for
three
consecutive
weeks
in
a
newspaper
of
general
13
circulation
published
in
the
county
where
the
petition
is
14
filed,
pursuant
to
the
Iowa
rules
of
civil
procedure.
Service
15
is
complete
after
the
third
consecutive
weekly
publication.
16
(3)
In
the
event
any
tax
lien
or
other
liens
exist
on
17
the
mobile
home,
the
landlord
may
proceed
with
an
action
for
18
abandonment
as
provided
in
section
555B.3,
except
that
the
19
notice
shall
be
provided
to
the
county
treasurer
as
provided
20
in
section
555B.4,
subsection
3,
if
a
tax
lien
exists,
and
21
personal
service
pursuant
to
the
Iowa
rules
of
civil
procedure
22
shall
be
made
upon
any
lienholder
no
less
than
twenty
days
23
before
the
hearing.
Any
notice
to
a
lienholder
shall
state
24
that
failure
to
assert
a
claim
to
the
mobile
home
is
deemed
a
25
waiver
of
all
rights,
title,
claims,
and
interest
in
the
mobile
26
home
and
is
deemed
consent
to
the
sale
or
disposal
of
the
27
mobile
home.
If
personal
service
upon
the
lienholder
cannot
28
be
completed
in
time
to
give
the
lienholder
the
minimum
notice
29
required
by
this
subsection,
the
court
may
set
a
new
hearing
30
date.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
property
law,
including
mobile
homes
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and
manufactured
housing,
rental
agreements,
landlord
and
1
tenant
remedies
for
retaliation,
wrongful
failure
to
provide
2
essential
services,
rent
increases,
the
sale
of
manufactured
3
home
community
or
mobile
home
park,
the
repeal
of
the
4
manufactured
home
community
and
mobile
home
tax,
forcible
entry
5
and
detainer
actions,
and
abandoned
mobile
homes.
6
DIVISION
I
——
RETALIATION.
The
bill
provides
that
a
landlord
7
cannot
retaliate
against
a
tenant
for
exercising
the
rights
and
8
remedies
under
Code
chapter
216
(civil
rights
commission).
In
9
an
action
by
or
against
the
tenant,
evidence
of
a
complaint
10
within
one
year
prior
to
the
alleged
act
of
retaliation
creates
11
a
presumption
that
the
landlord’s
conduct
was
in
retaliation.
12
DIVISION
II
——
RENTAL
AGREEMENTS.
The
bill
defines
“rent”
13
to
include
base
rent,
utilities,
late
fees,
and
other
payments
14
made
by
the
tenant
to
the
landlord
under
the
rental
agreement.
15
Written
notice
to
cancel
a
rental
agreement
by
either
party
16
must
be
provided
90
days
prior
to
cancellation.
The
landlord
17
must
provide
written
notice
90
days
prior
to
a
rent
increase
18
effective
date.
This
division
is
effective
upon
enactment
and
19
applies
to
rent
increase
first
noticed
under
Code
chapter
562B
20
(manufactured
home
communities
or
mobile
home
parks
residential
21
landlord
and
tenant
law)
occurring
on
or
after
the
effective
22
date
of
the
division.
23
DIVISION
III
——
DISCLOSURE
OF
UTILITY
CHARGES.
The
bill
24
provides
that
tenants
shall
be
notified
of
any
increase
25
in
utility
rates
or
charges
in
writing
60
days
before
the
26
effective
date
of
the
increase,
unless
the
landlord
obtains
the
27
utility
service
from
a
utility
provider
and
does
not
receive
at
28
least
90
days’
prior
notice
of
such
increase
from
the
utility
29
provider.
30
DIVISION
IV
——
WRONGFUL
FAILURE
TO
PROVIDE
ESSENTIAL
31
SERVICES.
The
bill
provides
that
if
the
landlord
deliberately
32
or
negligently
fails
to
supply
running
water
or
other
essential
33
services,
the
tenant
may
give
written
notice
to
the
landlord
34
specifying
the
breach
and
may
do
one
of
the
following:
(1)
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procure
reasonable
amounts
of
water
or
other
essential
1
services,
(2)
recover
damages
based
upon
the
diminution
2
in
the
fair
market
value
of
the
mobile
home
space,
or
(3)
3
recover
any
rent
already
paid
for
the
period
of
the
landlord’s
4
noncompliance
unless
the
condition
was
caused
by
the
deliberate
5
or
negligent
act
or
omission
of
the
tenant,
a
member
of
6
the
tenant’s
family,
or
other
person
on
the
premises
with
7
the
consent
of
the
tenant.
This
division
is
effective
upon
8
enactment.
9
DIVISION
V
——
DENIAL
OF
RENTAL
OR
REFUSAL
OF
SALE.
Current
10
law
allows
a
landlord
the
right
to
approve
the
purchaser
of
11
a
mobile
home
as
a
tenant
when
a
current
mobile
home
park
12
resident
sells
the
mobile
home,
so
long
as
permission
is
not
13
unreasonably
withheld.
The
bill
provides
that
if
the
landlord
14
does
not
approve
a
purchaser
as
a
tenant,
the
landlord
shall
15
provide
the
purchaser
with
written
notice
of
such
denial
and
16
the
general
reason
for
the
denial.
17
DIVISION
VI
——
PROHIBITED
RENTAL
AGREEMENT
PROVISION
——
HOME
18
EQUIPMENT.
The
bill
provides
that
a
rental
agreement
shall
19
not
allow
a
landlord
to
modify
the
mobile
home,
manufactured
20
home,
or
modular
home
in
a
way
that
would
substantially
21
impair
the
ability
of
the
tenant
to
move
the
home
from
the
22
mobile
home
space,
unless
such
modification
is
required
23
by
federal
law,
by
state
or
local
law,
the
manufacturer’s
24
installation
instructions,
any
requirement
arising
from
the
25
landlord’s
financing
of
the
home
or
of
the
mobile
home
park
or
26
manufactured
home
community
in
which
the
home
is
located,
or
27
unless
such
modification
is
otherwise
necessary
for
the
safe
28
and
proper
installation
of
the
home.
29
DIVISION
VII
——
LANDLORD
SALES.
The
bill
provides
that
any
30
sale
of
a
mobile
home
located
in
a
manufactured
home
community
31
or
mobile
home
park
by
a
landlord
or
landlord’s
agent
shall
be
32
by
written
agreement
and
the
landlord
shall,
upon
the
buyer’s
33
fulfillment
of
all
payment
and
other
terms
under
the
agreement,
34
produce
and
assign
the
current
certificate
of
title
obtained
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from
the
department
of
transportation.
The
agreement
shall
1
state
the
basic
terms
of
sale.
If
a
sale
does
not
comply,
the
2
court
may
award
monetary
or
equitable
relief,
including
voiding
3
the
sale,
and
the
buyer
may
recover
damages
incurred,
amounts
4
paid
as
a
rental
deposit
in
excess
of
two
months’
rent,
and
5
reasonable
attorney
fees.
6
DIVISION
VIII
——
SALE
OF
MANUFACTURED
HOME
COMMUNITY
7
OR
MOBILE
HOME
PARK.
The
bill
provides
that
in
a
sale
of
8
a
manufactured
home
community
or
mobile
home
park,
upon
9
termination
of
the
landlord’s
interest
in
the
manufactured
10
home
community
or
mobile
home
park,
the
landlord’s
successor
11
in
interest
shall
have
the
same
legal
obligations,
rights,
12
and
remedies
of
the
landlord,
including
with
respect
to
all
13
rental
agreements.
This
division
applies
to
manufactured
14
home
community
or
mobile
home
park
sales
made
on
or
after
the
15
effective
date
of
the
bill.
16
DIVISION
IX
——
MANUFACTURED
AND
MOBILE
HOME
TAX.
Code
17
chapter
435
imposes
a
square
footage
tax
on
mobile
homes
and
18
manufactured
homes
placed
in
a
mobile
home
park
or
manufactured
19
home
community.
Division
IX
strikes
the
portions
of
Code
20
chapter
435
imposing
the
square
footage
tax
and
provides
21
instead
that
such
homes
are
exempt
from
property
tax.
However,
22
the
bill
does
not
modify
the
provisions
of
law
governing
23
the
taxation
of
mobile
homes
and
manufactured
homes
placed
24
outside
of
manufactured
home
communities
and
mobile
home
parks,
25
which
are
assessed
and
taxed
in
the
same
manner
as
other
real
26
property.
27
Division
IX
also
makes
corresponding
changes
to
several
28
other
provisions
of
law
that
relate
to
Code
chapter
435.
29
Division
IX
of
the
bill
applies
to
taxes
due
and
payable
30
under
Code
chapter
435
in
fiscal
years
beginning
on
or
after
31
July
1,
2022.
Division
IX
of
the
bill
does
not
affect
the
32
operation
of,
or
prohibit
the
application
of,
prior
provisions
33
of
Code
chapter
435,
or
rules
adopted
to
administer
prior
34
provisions
of
Code
chapter
435,
for
taxes
due
and
payable
in
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fiscal
years
beginning
before
July
1,
2022,
and
for
duties,
1
powers,
protests,
appeals,
proceedings,
actions,
or
remedies
2
attributable
to
taxes
due
and
payable
under
Code
chapter
435
in
3
fiscal
years
beginning
before
July
1,
2022.
4
DIVISION
X
——
FORCIBLE
ENTRY
AND
DETAINER.
The
bill
provides
5
the
setting
of
the
initial
hearing
in
a
forcible
entry
and
6
detainer
action
is
not
a
jurisdictional
requirement
and
does
7
not
affect
the
court’s
subject
matter
jurisdiction
to
hear
the
8
action
for
forcible
entry
and
detainer.
In
computing
time
for
9
completion
of
service
for
a
forcible
detainer
and
entry
action,
10
the
first
day
shall
be
excluded
and
the
final
day
shall
be
11
included
regardless
of
whether
the
fourth
day
is
a
Saturday,
12
Sunday,
or
federal
holiday.
13
The
bill
provides
that
for
an
action
based
upon
the
14
nonpayment
of
rent,
90
days’
peaceable
possession
with
the
15
knowledge
of
the
plaintiff
after
the
cause
of
action
accrues
16
is
a
bar
to
such
action.
17
DIVISION
XI
——
ABANDONED
MOBILE
HOMES.
The
bill
provides
18
that
in
an
action
for
abandonment,
except
when
there
is
a
lien
19
on
the
property
other
than
a
tax
lien,
the
court
shall
set
a
20
hearing
no
sooner
than
25
days
of
the
date
of
receipt
of
the
21
petition
to
allow
service
on
the
lienholder.
22
The
bill
provides
that
if
a
lien
other
than
a
tax
lien
23
exists
on
the
mobile
home
or
personal
property
at
the
time
24
an
action
for
abandonment
is
initiated,
the
personal
service
25
shall
be
made
upon
the
lienholder
no
less
than
20
days
before
26
the
hearing.
The
notice
to
the
lienholder
shall
describe
the
27
mobile
home
and
shall
state
the
docket,
case
number,
date,
and
28
time
at
which
the
hearing
is
scheduled,
and
the
lienholder’s
29
right
to
assert
a
claim
to
the
mobile
home
at
the
hearing.
30
The
notice
shall
state
that
failure
to
assert
a
claim
to
the
31
mobile
home
within
the
judicial
proceedings
is
deemed
a
waiver
32
of
all
rights,
title,
claims,
and
interest
in
the
mobile
home
33
and
deemed
to
be
consent
to
the
sale
or
disposal
of
the
mobile
34
home.
If
personal
service
cannot
be
completed
in
time
to
give
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the
lienholder
the
minimum
notice,
the
court
may
set
a
new
1
hearing
date.
2
The
bill
provides
that
in
the
event
a
tenant
who
was
sole
3
owner
of
a
mobile
home
dies
during
the
term
of
the
rental
4
agreement
resulting
in
the
mobile
home
being
abandoned,
then
5
that
person’s
heirs
or
legal
representative
or
the
landlord
6
shall
have
the
right
to
cancel
the
tenant’s
lease
by
giving
7
60
days’
written
notice
to
the
person’s
heirs
or
legal
8
representative
or
to
the
landlord,
whichever
is
appropriate,
9
and
the
heirs
or
the
legal
representative
shall
have
the
same
10
rights,
privileges
and
liabilities
of
the
original
tenant.
11
The
bill
provides
that
if
a
claimant
that
asserts
a
claim
12
to
the
property,
the
judgment
shall
be
satisfied
before
13
the
claimant
may
take
possession
of
the
property
except
as
14
otherwise
ordered
by
the
court.
Unless
the
court
otherwise
15
provides,
if
a
claimant
satisfies
the
judgment
at
the
time
of
16
entry,
the
court
shall
enter
an
order
allowing
the
claimant
17
to
remove
the
property
from
its
location,
and
the
court
shall
18
direct
the
amount
of
rent
or
storage
charged.
19
The
bill
provides
that
in
a
proceeding
for
disposal
of
20
property,
if
a
lienholder
or
other
claimant
asserts
a
claim
to
21
the
property
within
a
judicial
proceeding,
that
person
shall
22
be
notified
of
the
sale
by
restricted
certified
mail
not
less
23
than
five
days
before
the
sale.
A
sale
made
after
the
notice
24
is
provided
shall
discharge
any
lien.
The
real
property
owner
25
may
propose
to
retain
the
mobile
home
and
personal
property
in
26
satisfaction
of
the
judgment
by
written
notice
of
the
proposal
27
sent
to
the
mobile
home
owner,
lienholder,
or
other
claimant,
28
if
that
person
has
asserted
a
claim
to
the
mobile
home
or
29
personal
property
in
the
judicial
proceedings.
If
the
real
30
property
owner
receives
objection
in
writing
from
the
mobile
31
home
owner,
lienholder,
or
other
claimant
within
21
days
after
32
the
notice
was
sent,
the
real
property
owner
shall
dispose
of
33
the
mobile
home
and
personal
property.
If
no
written
objection
34
is
received
by
the
real
property
owner,
the
mobile
home
and
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personal
property
may
be
retained.
Retention
of
the
mobile
1
home
and
personal
property
discharges
the
judgment
of
the
real
2
property
owner,
any
tax
lien,
and
any
other
lien.
3
Current
law
provides
that
any
proceeds
in
a
proceeding
for
4
the
disposal
of
a
mobile
home
and
personal
property
shall
be
5
distributed
in
the
following
order:
(1)
to
satisfy
the
real
6
property
owner’s
judgment,
(2)
to
satisfy
any
tax
lien,
and
(3)
7
into
a
surplus
which
is
held
by
the
real
property
owner
for
8
six
months
to
be
reclaimed
by
the
mobile
home
owner,
and
if
9
the
mobile
home
owner
fails
to
claim
the
surplus,
the
surplus
10
may
be
retained
by
the
real
property
owner.
The
bill
provides
11
that
after
using
proceeds
to
satisfy
a
tax
lien,
the
proceeds
12
must
be
used
to
satisfy
any
other
lien,
and
then
any
remaining
13
amounts
are
the
surplus.
14
The
bill
provides
that
if
a
tenant
who
was
sole
owner
of
a
15
mobile
home
dies
during
the
term
of
a
rental
agreement,
then
16
that
person’s
heirs
at
law
or
the
personal
representative
17
of
the
decedent’s
estate,
or
the
landlord
shall
have
the
18
right
to
cancel
the
tenant’s
lease
by
giving
60
days’
19
written
notice
to
the
person’s
heirs
at
law
or
the
personal
20
representative
of
the
decedent’s
estate,
or
to
the
landlord,
21
whichever
is
appropriate,
and
the
heirs
at
law
or
the
personal
22
representative
of
the
decedent’s
estate
shall
have
the
same
23
rights,
privileges,
and
liabilities
of
the
original
tenant,
24
provided
that
such
heirs
at
law
or
personal
representative
of
25
the
estate
shall
not
have
the
right
to
occupy
or
otherwise
26
use
the
home
or
mobile
home
space
as
a
tenant
unless
approved
27
by
the
landlord
as
a
tenant.
In
the
event
the
landlord,
28
after
such
a
written
notice
is
given
and
the
tenant’s
lease
29
is
canceled,
brings
an
action
for
forcible
entry
and
detainer
30
or
action
for
abandonment,
the
estate
of
the
tenant
and
the
31
person’s
located
heirs
at
law
or
personal
representative
shall
32
be
named
as
defendants
in
the
action.
The
landlord
may
serve
33
notice
upon
such
defendants
pursuant
to
the
method
set
forth
in
34
Code
section
562B.27A
or
by
mailing
notice
by
both
regular
mail
35
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and
certified
mail
to
the
defendant’s
last
known
address.
1
The
bill
provides
that
if
a
tenant
who
was
sole
owner
of
2
a
mobile
home
dies
during
the
term
of
a
rental
agreement
3
resulting
in
the
mobile
home
being
abandoned
and
the
landlord
4
cannot
locate
such
a
tenant’s
heirs
at
law
or
personal
5
representative,
then
the
landlord
may
bring
an
action
for
6
abandonment
naming
as
defendants
the
estate
of
the
tenant
7
and
all
unknown
heirs
at
law
of
the
tenant,
and,
upon
the
8
landlord’s
filing
of
an
affidavit
that
personal
service
cannot
9
be
had
on
any
heirs
at
law,
personal
representative,
or
estate
10
of
the
tenant,
the
court
shall
permit
original
notice
of
11
such
action
to
be
served
by
publication
once
each
week
for
12
three
consecutive
weeks
in
a
newspaper
of
general
circulation
13
published
in
the
county
where
the
petition
is
filed.
Service
14
is
complete
after
the
third
consecutive
weekly
publication.
15
The
bill
provides
in
the
event
any
tax
lien
or
other
liens
16
exist
on
the
mobile
home,
the
landlord
may
proceed
with
an
17
action
for
abandonment
with
notice
provided
to
the
county
18
treasurer
if
a
tax
lien
exists,
and
personal
service
upon
any
19
lienholder
no
less
than
20
days
before
the
hearing.
Any
notice
20
to
a
lienholder
shall
state
that
failure
to
assert
a
claim
21
to
the
mobile
home
is
deemed
a
waiver
of
all
rights,
title,
22
claims,
and
interest
in
the
mobile
home
and
is
deemed
consent
23
to
the
sale
or
disposal
of
the
mobile
home.
If
personal
24
service
upon
the
lienholder
cannot
be
completed
in
time
to
give
25
the
lienholder
the
minimum
notice
required
by
the
bill,
the
26
court
may
set
a
new
hearing
date.
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