House File 493 - Reprinted HOUSE FILE 493 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 153) (As Amended and Passed by the House March 25, 2015 ) A BILL FOR An Act relating to the right of residents, owners, tenants, 1 and landlords to summon emergency assistance and preempting 2 related local ordinances, rules, and regulations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 493 (2) 86 jh/sc/md

H.F. 493 Section 1. Section 331.304, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 12. A county shall not adopt or enforce any 3 ordinance or regulation in violation of chapter 562C. 4 Sec. 2. Section 364.3, Code 2015, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 11. A city shall not adopt or enforce any 7 ordinance or regulation in violation of chapter 562C. 8 Sec. 3. NEW SECTION . 562C.1 Title —— purpose. 9 1. This chapter shall be known and may be cited as the 10 “Right to Assistance Act” . 11 2. The purpose of this chapter is to ensure that an owner, 12 lessee, or lessor of property in need of law enforcement 13 assistance or other emergency assistance in the state of Iowa 14 is not penalized for those authorities being contacted, and to 15 provide a remedy for violations of this chapter. 16 Sec. 4. NEW SECTION . 562C.2 Definitions. 17 For purposes of this chapter, unless the context otherwise 18 requires: 19 1. “Commercial landlord” means a person who is the owner, 20 lessor, or sublessor of a property on which a tenant operates 21 or intends to operate a business. 22 2. “Commercial tenant” means a person who leases a property 23 for the purpose of operating a business on the property. 24 3. “Landlord” means a commercial landlord or a residential 25 landlord. 26 4. “Owner” means one or more persons, jointly or severally, 27 in whom is vested either of the following: 28 a. All or part of the legal title to property. 29 b. All or part of the beneficial ownership and a right 30 to present use and enjoyment of the property, and the term 31 includes a mortgagee in possession. 32 5. “Rental agreement” means the same as defined in section 33 562A.6 or 562B.7, or an oral or written agreement embodying the 34 terms and conditions concerning the use and occupancy of real 35 -1- HF 493 (2) 86 jh/sc/md 1/ 4

H.F. 493 estate used for commercial purposes, whichever is applicable. 1 6. “Resident” means a residential tenant, a member of such 2 tenant’s family, and any other person residing at the premises 3 with the consent of the residential tenant. 4 7. “Residential landlord” means the same as “landlord” in 5 section 562A.6 or 562B.7, whichever is applicable. 6 8. “Residential tenant” means the same as “tenant” in 7 section 562A.6 or 562B.7, whichever is applicable. 8 9. “Tenant” means a commercial tenant or residential tenant. 9 Sec. 5. NEW SECTION . 562C.3 Uniform application. 10 To provide for the uniform application of the provisions of 11 this chapter, the provisions of this chapter shall supersede 12 any local ordinance, rule, or regulation that is inconsistent 13 with or conflicts with the provisions of this chapter. 14 Sec. 6. NEW SECTION . 562C.4 Prohibition of local penalties 15 for emergency assistance contact. 16 1. An ordinance, rule, or regulation of a city, county, or 17 other governmental entity shall not authorize imposition of a 18 penalty against a resident, owner, tenant, or landlord for a 19 contact made for law enforcement assistance or other emergency 20 assistance by or on behalf of a victim of abuse, a victim of 21 a crime, or an individual in an emergency, if either of the 22 following is established: 23 a. The person making the contact had a reasonable belief 24 that the emergency assistance was necessary to prevent the 25 perpetration or escalation of the abuse, crime, or emergency. 26 b. In the event of abuse, crime, or other emergency, the 27 emergency assistance was actually needed. 28 2. Penalties prohibited by subsection 1 include the 29 following: 30 a. The actual or threatened revocation, suspension, or 31 nonrenewal of a rental certificate, license, or permit. 32 b. The actual or threatened assessment of penalties, fines, 33 or fees. 34 c. The actual or threatened eviction, or causing the actual 35 -2- HF 493 (2) 86 jh/sc/md 2/ 4

H.F. 493 or threatened eviction, from the leased premises. 1 3. This section does not prohibit a city, county, or other 2 governmental entity from enforcing any ordinance, rule, or 3 regulation premised upon grounds other than a contact made for 4 law enforcement assistance or other emergency assistance by 5 or on behalf of a victim of abuse, a victim of a crime, or an 6 individual in an emergency. 7 Sec. 7. NEW SECTION . 562C.5 Prohibition of landlord 8 penalties —— waiver of rights. 9 1. A landlord may not prohibit or limit a resident’s or 10 tenant’s rights to summon law enforcement assistance or other 11 emergency assistance by or on behalf of a victim of abuse, a 12 victim of a crime, or an individual in an emergency or may not 13 impose monetary or other penalties on a resident or tenant who 14 exercises that right. 15 2. Any waiver of the provisions of this section is contrary 16 to public policy and is void, unenforceable, and of no force 17 or effect. 18 3. This section shall not be construed to prohibit a 19 landlord from recovering from a resident or tenant an amount 20 equal to the costs incurred to repair property damage if 21 the damage is caused by law enforcement or other emergency 22 personnel summoned by the resident or tenant. 23 4. This section does not prohibit a landlord from 24 terminating, evicting, or refusing to renew a tenancy or rental 25 agreement when such action is premised upon grounds other 26 than a contact made for law enforcement assistance or other 27 emergency assistance by or on behalf of a victim of abuse, a 28 victim of a crime, or an individual in an emergency. 29 Sec. 8. NEW SECTION . 562C.6 Remedies. 30 1. In addition to other remedies provided by law, if 31 a city, county, or other governmental entity violates the 32 provisions of this chapter, a resident, owner, tenant, or 33 landlord is entitled to recover from the city, county, or other 34 governmental entity any of the following: 35 -3- HF 493 (2) 86 jh/sc/md 3/ 4

H.F. 493 a. An order requiring the city, county, or other 1 governmental entity to cease and desist the unlawful practice. 2 b. Other equitable relief, including reinstatement of a 3 rental certificate, license, or permit, as the court may deem 4 appropriate. 5 c. Actual damages. 6 d. Reasonable attorney fees the resident, owner, tenant, or 7 landlord incurs in seeking enforcement of this chapter. 8 e. Court costs. 9 2. In addition to other remedies provided by law, if an 10 owner or landlord violates the provisions of this chapter, a 11 resident or tenant is entitled to recover from the owner or 12 landlord any of the following: 13 a. A civil penalty in an amount equal to one month’s rent. 14 b. Actual damages. 15 c. Reasonable attorney fees the tenant or resident incurs in 16 seeking enforcement of this chapter. 17 d. Court costs. 18 e. Injunctive relief. 19 -4- HF 493 (2) 86 jh/sc/md 4/ 4