HF 2134 (LSB 1584HV (1) 91)

HOUSE FILE 2134

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 141)

A BILL FOR

An Act relating to rental agreements and early termination rights of tenants who are victims of certain crimes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  562A.9A  Early rental agreement termination by victim.
   1.  A tenant may terminate a rental agreement without penalty or liability if the tenant provides written notification to the landlord that the tenant or another resident of the dwelling unit is a victim of an act that constitutes any of the following:
   a.  Elder abuse as defined in section 235F.1.
   b.  Domestic abuse as defined in section 236.2.
   c.  Sexual abuse as defined in section 236A.2.
   d.  Stalking under section 708.11.
   e.  Crime as defined in section 915.80.
   2.  A written notice to terminate a rental agreement must have one of the following documents attached: 
   a.  A protective order issued by court order or court-approved consent agreement entered pursuant to chapter 232, 235F, or 664A.
   b.  A court order or court-approved consent agreement entered pursuant to chapter 236 or 236A, including a valid foreign protective order under section 236.19, subsection 3, or section 236A.19, subsection 3.
   c.  A temporary or permanent protective order or order to vacate the homestead under chapter 598.
   d.  An order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a domestic abuse assault under section 708.2A.
   e.  A civil injunction issued pursuant to section 915.22.
   f.  A copy of a written report by a peace officer employed by a federal, state, or local law enforcement agency stating that the tenant or resident of the dwelling unit is a victim of an act or crime listed in subsection 1. 
   g.  Documentation from a licensed health care services provider, licensed mental health care provider, or a victim counselor as defined in section 915.20A, subsection 1, based on information that such person received while working in the person’s professional capacity, to indicate that a tenant or resident of the dwelling unit is seeking assistance for abuse or physical or mental injuries resulting from an act or crime listed in subsection 1. The documentation must be signed, dated, and attested to by the tenant and the licensed health care services provider, licensed mental health care provider, or victim counselor, and must contain, in substantially the same form, all of the following:
   (1)  Name of any tenant and residents of the dwelling unit whose tenancy shall terminate.
   (2)  Name of the victim of the act or crime listed in subsection 1.
   (3)  Address of the dwelling unit.
   (4)  Name of accused perpetrator, if known and if such name may be safely disclosed.
   (5)  Date and time of incident, if known.
   (6)  Brief description of the incident or a statement as to why the tenant requests early rental agreement termination to support health and safety.
   h.  Any other form of documentation that reasonably certifies that the act or crime listed in subsection 1 occurred.
   3.  Written notice to terminate a rental agreement provided to the landlord must include all of the following:
   a.  The date the rental agreement will terminate. Such date shall be at least fourteen days after the date the tenant provides the notification with confirmation document and no more than thirty days after such date.
   b.  The names of the residents of the dwelling unit in addition to the tenant.
   c.  The names of the residents of the dwelling unit to which the termination of the rental agreement will apply in addition to the tenant, if any.
   4.  A tenant who terminates a rental agreement pursuant to this section shall remain liable for rent for the month in which the tenant terminated the rental agreement and any prorated days of rent through the date of termination stated in the notice. A tenant may notify the landlord of plans to vacate the dwelling unit prior to the rental agreement termination date. If the dwelling unit is rented to another party prior to the end of the obligation to pay rent, the rent owed under this section shall be prorated.
   5.  The tenant and any resident of the dwelling unit who terminates a rental agreement pursuant to this section is all of the following:
   a.  Not liable for rent or damages to the premises incurred after the lease termination date. 
   b.  Not subject to a negative credit reference, a negative character reference, or any fee or penalty solely because of termination of the rental agreement.
   c.  Not required to forfeit any rental deposit or advance rent paid due to the termination. A tenant who terminates a rental agreement pursuant to this section shall not be considered for any purpose, by reason of the termination, to have breached the rental agreement. Any retention of the rental deposit or portion thereof shall only be pursuant to section 562A.12.
   6.  a.  A landlord shall not disclose to a third party or enter into a shared database any information provided to the landlord by a tenant under this section, the address or location to which the tenant has relocated, or the status of the tenant as a victim of violence unless the disclosure satisfies any of the following:
   (1)  The tenant consents in writing.
   (2)  The disclosure is required by law or order of the court.
   b.  A landlord’s communication to a licensed health care services provider, licensed mental health care provider, or victim counselor who provides documentation to verify the contents of that documentation is not disclosure for purposes of this subsection.
   7.  A landlord, owner, or owner’s agent shall not refuse to rent a dwelling unit to an otherwise qualified prospective tenant or refuse to continue to rent to an existing tenant solely on the basis that the tenant has previously exercised the tenant’s rights under this section or has previously terminated a tenancy because of the circumstances described in this section.
   8.  Notwithstanding any provision of this section to the contrary, only the leasehold interest of the tenant requesting the termination pursuant to subsection 1 who provides the documentation required by subsections 2 and 3 shall be terminated.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows a victim of certain crimes to terminate a rental agreement early. The bill allows a tenant to terminate a rental agreement without penalty or liability if the tenant provides written notification to the landlord that a tenant or household member is a victim of an act of domestic abuse, sexual abuse, stalking, elder abuse, or other crime that poses a substantial threat of personal injury or death and is punishable as a felony or misdemeanor.
   The bill provides that the written notice provided to the landlord shall contain one of the following documents: a copy of a protective order, a copy of a written report by a peace officer stating that a tenant or household member is a victim of an act or crime, documentation from a qualified third party based on information received by a licensed health care services provider, licensed mental health care provider, or a victim counselor that a tenant or household member is seeking assistance for abuse or physical or mental injuries resulting from an act or crime, or any other form of documentation that reasonably certifies that the act or crime occurred. Written notice provided to a landlord to terminate a lease agreement must contain the date the lease will terminate and the names of household members to be released in addition to the tenant.
   The bill provides that a tenant who terminates a rental agreement pursuant to the bill shall remain liable for rent for the month in which the tenant terminated the rental agreement and any prorated days of rent through the date of termination stated in the notice. If the premises are rented to another party prior to the end of the obligation to pay rent, the rent shall be prorated.
   The bill provides protections for a tenant who terminates a rental agreement under the bill. A tenant is not liable for rent or damages to premises incurred after the lease termination date, and is not subject to a negative credit reference, a negative character reference, or any fee or penalty solely because of termination of the rental agreement. A tenant shall not be required to forfeit any security deposit money or advance rent paid due to that termination. A tenant who terminates a rental agreement pursuant to the bill shall not be considered for any purpose, by reason of the termination, to have breached the lease or rental agreement. 
   The bill provides for victim confidentiality by the landlord. A landlord shall not disclose to a third party any information provided to the landlord by a tenant, unless the tenant consents in writing or the disclosure is required by law or order of the court. A landlord’s communication to a qualified third party who provides documentation to verify the contents of that documentation is not considered disclosure. 
   The bill provides that a landlord is not allowed to discriminate against a prospective tenant based solely upon the prospective tenant having previously terminated a tenancy because of circumstance provided in the bill. 
   The bill provides that only the leasehold interest of the tenant requesting the termination and who provides the documentation required by the bill shall be terminated.