HF 2317 (LSB 6013YH (3) 91)

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 unauthorized persons and trespass, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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