House File 2317 - Introduced HOUSE FILE 2317 BY SIECK , SIEGRIST , WILLIAMS , WOOD , C. JOHNSON , GOSA , and YOUNG A BILL FOR An Act relating to real property, including the removal of 1 unauthorized persons and trespass, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6013YH (3) 91 lh/jh
H.F. 2317 Section 1. SHORT TITLE. This Act shall be known and may be 1 cited as the “Stop Squatters Act”. 2 Sec. 2. NEW SECTION . 648.24 Limited alternative remedy to 3 remove unauthorized persons from real property. 4 1. For the immediate removal of an unauthorized occupant, a 5 person may submit a complaint to remove the unauthorized person 6 occupying real property to the police if the real property is 7 located in a city, or the county sheriff if the property is 8 located outside of a city, for a person that is unlawfully 9 entering, remaining upon, or occupying real property if all of 10 the following are true: 11 a. The requesting person is the real property owner or the 12 real property owner’s authorized agent. 13 b. The person entering, remaining upon, or occupying the 14 privately owned real property is unauthorized to do so. 15 c. The real property owner or real property owner’s 16 authorized agent has notified the person that the person is not 17 permitted to be on the real property. 18 d. The unauthorized person is not a current or former tenant 19 and does not have rights under chapter 562A or 562B related to 20 the real property. 21 e. The unauthorized person is not an immediate family member 22 of the real property owner. 23 f. There is no pending litigation between the property owner 24 and the unauthorized person relating to the real property. 25 2. Upon receipt of the complaint to remove the unauthorized 26 person occupying real property, the law enforcement agency 27 shall investigate, including by reviewing any alleged lease 28 agreement, interviewing neighbors, and making other relevant 29 inquiries to determine the validity of the complaint. If, 30 after investigation, the law enforcement agency determines 31 that sufficient grounds exist to conclude that all of the 32 requirements of subsection 1 are satisfied, the law enforcement 33 agency shall direct the unauthorized occupant to immediately 34 vacate the real property and post or provide a written notice 35 -1- LSB 6013YH (3) 91 lh/jh 1/ 4
H.F. 2317 to immediately vacate. The law enforcement agency shall also 1 return possession of the real property to the real property 2 owner. 3 3. The law enforcement agency is entitled to an hourly fee 4 for service, which shall be assessed to the unauthorized person 5 as a civil penalty. Upon service of the notice, the real 6 property owner may request the law enforcement agency to stand 7 by to keep the peace while changing locks and removing personal 8 property of the unauthorized occupant. 9 4. A real property owner who knowingly submits a false 10 complaint to remove an unauthorized person occupying real 11 property shall indemnify the law enforcement agency for any 12 damages awarded against the law enforcement agency for any good 13 faith conduct that was based on the complaint. 14 5. This section does not limit other real property owner 15 rights or law enforcement authority. 16 Sec. 3. Section 716.7, subsection 2, paragraph a, Code 2026, 17 is amended by adding the following new subparagraph: 18 NEW SUBPARAGRAPH . (8) Intentionally occupying a building 19 on real property without legal authority to do so after being 20 notified that the person is unauthorized to do so, has received 21 a request to vacate the premises, and remains on the property. 22 Sec. 4. Section 716.8, Code 2026, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 9. a. A person committing a trespass 25 as defined in section 716.7, subsection 2, paragraph “a” , 26 subparagraph (8), and who caused one thousand dollars or less 27 in property damages, commits a simple misdemeanor. 28 b. A person committing a trespass as defined in section 29 716.7, subsection 2, paragraph “a” , subparagraph (8), and who 30 caused more than one thousand dollars in property damages, 31 commits a serious misdemeanor. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -2- LSB 6013YH (3) 91 lh/jh 2/ 4
H.F. 2317 This bill relates to real property owners’ rights against 1 unauthorized occupants and modifies the definition of trespass. 2 The bill allows a real property owner to submit to law 3 enforcement a complaint to remove unauthorized persons 4 occupying the owner’s real property if all of the following 5 conditions are met: (1) the requesting person is the real 6 property owner or the property owner’s authorized agent, (2) 7 the person entering, remaining upon, or occupying the real 8 property is not authorized to be there, (3) the unauthorized 9 person has been notified that they are not permitted to be 10 on the real property, (4) the unauthorized person is not a 11 current or former tenant, (5) the unauthorized person is not 12 an immediate family member of the owner, and (6) there is no 13 pending litigation relating to the real property between the 14 property owner and the unauthorized person. 15 The bill provides that law enforcement, upon receipt 16 of the complaint, shall conduct an investigation. If the 17 investigation indicates sufficient grounds that the above 18 conditions are met, the law enforcement agency shall direct the 19 unauthorized occupant to immediately vacate, provide a written 20 notice to immediately vacate, and put the owner in possession 21 of the real property. 22 The bill allows a law enforcement agency to collect an hourly 23 fee for services provided, which shall be assessed against the 24 unauthorized occupant. 25 The bill provides that if a real property owner knowingly 26 submits a false complaint, the real property owner shall 27 indemnify the law enforcement agency for any damages awarded 28 against the agency for any good faith conduct that was based 29 on the complaint. 30 The bill provides for criminal penalties for an unauthorized 31 person occupying real property who, after receiving a notice 32 to vacate the property, fails to do so. If the unauthorized 33 person intentionally damages the property causing damages 34 less than $1,000, the person commits a simple misdemeanor. A 35 -3- LSB 6013YH (3) 91 lh/jh 3/ 4
H.F. 2317 simple misdemeanor is punishable by confinement for no more 1 than 30 days and a fine of at least $105 but not more than 2 $855. If the unauthorized person intentionally damages the 3 property causing damages more than $1,000, the person commits a 4 serious misdemeanor. A serious misdemeanor is punishable by 5 confinement for no more than one year and a fine of at least 6 $430 but not more than $2,560. 7 -4- LSB 6013YH (3) 91 lh/jh 4/ 4