House
File
866
-
Reprinted
HOUSE
FILE
866
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
843)
(SUCCESSOR
TO
HSB
253)
(As
Amended
and
Passed
by
the
House
April
15,
2021
)
A
BILL
FOR
An
Act
relating
to
landlords
and
tenants,
including
service
1
animal
requirements,
rent
late
fees,
forcible
entry
and
2
detainer
court
records
and
property
disposal,
and
peaceable
3
possession,
and
including
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
216.8C,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
7.
A
request
for
accommodation
made
by
3
a
person
under
this
section
must
be
reasonable
under
the
4
circumstances.
A
landlord
may
make
other
accommodations
to
the
5
person
making
the
request
including
but
not
limited
to
offering
6
to
relocate
the
person
to
another
housing
unit
managed
by
the
7
landlord.
8
Sec.
2.
Section
562A.9,
subsection
4,
Code
2021,
is
amended
9
to
read
as
follows:
10
4.
For
rental
agreements
in
which
the
rent
does
not
exceed
11
seven
hundred
dollars
per
month,
a
rental
agreement
shall
not
12
provide
for
a
late
fee
that
exceeds
twelve
dollars
per
day
or
a
13
total
amount
of
sixty
dollars
per
month.
For
rental
agreements
14
in
which
the
rent
is
greater
than
seven
hundred
dollars
per
15
month
but
less
than
one
thousand
four
hundred
dollars
per
16
month
,
a
rental
agreement
shall
not
provide
for
a
late
fee
17
that
exceeds
twenty
dollars
per
day
or
a
total
amount
of
one
18
hundred
dollars
per
month.
For
rental
agreements
in
which
the
19
rent
is
at
least
one
thousand
four
hundred
dollars
per
month,
a
20
rental
agreement
shall
not
provide
for
a
late
fee
that
exceeds
21
two
percent
of
the
rent
per
day
or
ten
percent
of
the
rent
per
22
month.
23
Sec.
3.
Section
562A.11,
subsection
2,
Code
2021,
is
amended
24
to
read
as
follows:
25
2.
A
provision
prohibited
by
subsection
1
included
in
a
26
rental
agreement
is
unenforceable.
If
a
landlord
willfully
27
uses
enforces
provisions
in
a
rental
agreement
containing
28
provisions
known
by
the
landlord
to
be
prohibited,
a
tenant
may
29
recover
actual
damages
sustained
by
the
tenant
and
not
more
30
than
three
months’
periodic
rent
and
reasonable
attorney
fees.
31
Sec.
4.
Section
648.18,
Code
2021,
is
amended
to
read
as
32
follows:
33
648.18
Possession
——
bar.
34
Thirty
days’
peaceable
possession
with
the
knowledge
of
the
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plaintiff
after
the
cause
of
action
accrues
is
a
bar
to
this
1
proceeding.
However,
this
section
does
not
apply
to
a
landlord
2
that
notifies
a
tenant
in
a
writing
of
a
breach
of
a
financial
3
obligation
under
a
rental
agreement
entered
into
under
chapter
4
562A
and
the
landlord’s
intent
to
enforce
such
provision.
5
Sec.
5.
Section
648.22,
Code
2021,
is
amended
to
read
as
6
follows:
7
648.22
Judgment
——
execution
——
costs
——
disposal
of
personal
8
property
——
sealing
of
court
records
.
9
1.
If
the
defendant
is
found
guilty,
judgment
shall
be
10
entered
that
the
defendant
be
removed
from
the
premises,
and
11
that
the
plaintiff
be
put
in
possession
of
the
premises,
and
an
12
execution
for
the
defendant’s
removal
within
three
days
from
13
the
judgment
shall
issue
accordingly
to
which
judgment
for
14
costs
shall
be
entered
in
the
judgment
docket
and
lien
index
,
15
and
to
which
shall
be
added
a
clause
commanding
the
officer
to
16
collect
the
costs
as
in
ordinary
cases.
17
2.
Any
personal
property
of
the
defendant
remaining
on
the
18
plaintiff’s
real
property
after
the
defendant’s
removal
under
19
this
section
may
be
disposed
of
by
the
plaintiff.
20
3.
In
a
residential
forcible
entry
and
detainer
action
the
21
court
shall
enter
an
order
sealing
the
court
records
of
the
22
action
not
later
than
three
days
from
the
date
of
the
hearing,
23
or
from
the
date
the
hearing
would
have
been
held
as
provided
24
by
law,
if
any
of
the
following
occurs:
25
a.
The
defendant
is
found
not
guilty.
26
b.
By
motion
or
upon
the
court’s
own
determination,
the
27
court
finds
there
is
no
genuine
issue
of
material
fact
between
28
the
parties.
29
c.
The
case
is
dismissed.
30
d.
The
plaintiff
does
not
appear
for
the
hearing.
31
4.
Upon
application
of
a
defendant
found
guilty
in
a
32
residential
forcible
entry
and
detainer
action
for
nonpayment
33
of
rent,
the
court
shall
enter
an
order
sealing
the
record
of
34
the
action,
the
existence
of
the
petition,
all
filings
and
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documentation
within
the
case
file,
and
any
associated
writs
of
1
execution,
if
all
of
the
following
conditions
are
met:
2
a.
More
than
five
years
have
passed
since
the
date
of
the
3
finding
of
guilt.
4
b.
The
applicant
has
not
been
found
guilty
in
a
subsequent
5
forcible
entry
and
detainer
action
in
the
five-year
period
6
directly
preceding
the
application.
7
c.
The
applicant
has
not
previously
been
granted
a
sealing
8
of
a
finding
of
guilt
under
this
chapter
within
ten
years
prior
9
to
the
application.
10
d.
The
applicant
has
paid
all
court
costs,
fees,
fines,
and
11
any
other
financial
obligation
ordered
by
the
court
or
assessed
12
by
the
clerk
of
the
district
court
in
the
case.
13
5.
The
application
to
seal
the
record
of
the
action
shall
be
14
included
in
the
record
the
defendant
wishes
to
seal,
using
a
15
form
prescribed
by
the
supreme
court.
16
6.
Upon
sealing,
the
existence
of
the
petition,
all
filings
17
and
documentation
within
the
case
file,
and
any
associated
18
writs
of
execution
shall
be
removed
from
any
publicly
19
accessible
location
under
the
direction
of
the
judicial
branch
20
or
county,
as
applicable.
Notwithstanding
chapter
22,
records
21
sealed
upon
satisfaction
of
the
requirements
specified
in
this
22
section
shall
not
be
available
for
public
inspection
except
in
23
one
of
the
following
manners:
24
a.
Upon
request
by
the
defendant
or
the
attorney
for
the
25
defendant
by
filing
a
motion
in
the
sealed
case.
26
b.
Upon
application
to
the
judicial
branch
using
a
form
27
prescribed
by
the
supreme
court
for
scholarly,
educational,
28
journalistic,
or
governmental
purposes
only,
provided
that
in
29
all
cases,
the
names
of
minor
children
shall
remain
sealed
30
at
all
times,
and
that
the
names
and
personally
identifiable
31
information
of
all
persons
named
as
defendants
or
included
in
32
the
plaintiff’s
petition
shall
be
redacted
and
remain
sealed
33
unless
the
court
determines
that
release
of
such
information
is
34
necessary
to
fulfill
the
scholarly,
educational,
journalistic,
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or
governmental
purpose
of
the
request.
1
c.
The
clerk
of
court
in
the
county
in
which
an
action
is
2
originated
shall
maintain
a
record
in
the
aggregate
of
all
3
filings
and
the
final
disposition
of
any
such
actions,
to
4
include
dismissal,
default
judgment,
and
writs
associated
with
5
disposition.
The
clerk
of
court
shall
make
available
to
the
6
public
and
report
annually
such
aggregate
information
in
such
7
a
manner
prescribed
by
the
supreme
court
as
to
protect
the
8
identity
of
the
parties
while
still
providing
the
public
with
9
information
regarding
eviction
proceedings
in
the
county.
10
7.
Upon
sealing,
a
consumer
reporting
agency
shall
11
not
disclose
the
existence
of,
or
information
regarding,
12
an
eviction
action
or
other
civil
action
sealed
or
made
13
confidential
under
this
section
or
use
such
action
as
a
factor
14
to
determine
any
score
or
recommendation
to
be
included
in
a
15
consumer
report
regarding
any
person
named
in
such
case.
16
8.
Subsections
3
through
7
shall
not
apply
to
a
money
17
judgment
awarded
for
an
action
that
was
filed
with
a
forcible
18
entry
and
detainer
action
or
arising
from
the
same
set
of
facts
19
and
circumstances.
20
Sec.
6.
APPLICABILITY.
The
following
applies
to
rental
21
agreements
whose
lease
terms
begin
on
or
after
January
1,
2022:
22
The
section
of
this
Act
amending
section
562A.9.
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