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Senate File 135 - IntroducedA Bill ForAn Act 1relating to landlord notification of delinquency notices
2sent by utilities and landlords’ ability to use security
3deposits to satisfy delinquent utility accounts.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 384.84, subsection 3, paragraph a, Code
22021, is amended to read as follows:
3a. A city utility or enterprise service to a property or
4premises, including services of sewer systems, storm water
5drainage systems, sewage treatment, solid waste collection,
6water, solid waste disposal, or any of these services, may be
7discontinued or disconnected if the account for the service
8becomes delinquent. Gas or electric service provided by a city
9utility or enterprise shall be discontinued or disconnected
10only as provided by section 476.20, subsections 1 through
114, and discontinuance or disconnection of those services
12is subject to rules adopted by the utilities board of the
13department of commerce. Section 476.20, subsection 3A, applies
14to city utilities and enterprise services.
15 Sec. 2. Section 476.1B, subsection 1, Code 2021, is amended
16by adding the following new paragraph:
17 NEW PARAGRAPH. m. Enforcement of section 476.20, subsection
183A.
19 Sec. 3. Section 476.20, Code 2021, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 3A. If the customer is a tenant, and if
22the owner or landlord of the property or premises has made
23a written request for notice to the utility, the notice of
24delinquency for nonpayment of account sent to the customer
25shall also be sent to the owner or landlord, or the designee
26of the owner or landlord. The notice shall be sent to the
27appropriate persons by ordinary mail not less than thirty days
28after the notice of delinquency is sent to the customer.
29 Sec. 4. Section 562A.12, subsection 3, paragraph a, Code
302021, is amended by adding the following new subparagraph:
31 NEW SUBPARAGRAPH. (4) To satisfy debts for a tenant’s
32delinquent utility account.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill provides that if a customer of a public utility
2is a tenant, and if the owner or landlord of the property or
3premises has made a written request for notice to the public
4utility, the notice of delinquency for nonpayment of account
5sent to the customer shall also be sent to the landlord, the
6owner, or the designee of the owner or landlord. The notice
7shall be sent to the landlord, owner, or designee within 30
8days after the notice of delinquency is sent to the customer.
9The bill applies to public utilities as defined in Code
10section 476.1 that furnish gas by piped distribution system
11or electricity to the public for compensation, water by piped
12distribution system to the public for compensation, or sanitary
13sewage or storm water drainage disposal by piped collection
14system to the public for compensation.
15The bill also applies to electric public utilities having
16fewer than 10,000 customers, municipally owned utilities
17furnishing gas or electricity, gas public utilities having
18fewer than 2,000 customers, and city utilities or enterprise
19services.
20The bill provides that the landlord may withhold from
21security deposit amounts as reasonably necessary to pay for
22delinquent utility accounts the tenant was responsible to pay
23during the tenancy.
-2-cm/jh
2sent by utilities and landlords’ ability to use security
3deposits to satisfy delinquent utility accounts.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 384.84, subsection 3, paragraph a, Code
22021, is amended to read as follows:
3a. A city utility or enterprise service to a property or
4premises, including services of sewer systems, storm water
5drainage systems, sewage treatment, solid waste collection,
6water, solid waste disposal, or any of these services, may be
7discontinued or disconnected if the account for the service
8becomes delinquent. Gas or electric service provided by a city
9utility or enterprise shall be discontinued or disconnected
10only as provided by section 476.20, subsections 1 through
114, and discontinuance or disconnection of those services
12is subject to rules adopted by the utilities board of the
13department of commerce. Section 476.20, subsection 3A, applies
14to city utilities and enterprise services.
15 Sec. 2. Section 476.1B, subsection 1, Code 2021, is amended
16by adding the following new paragraph:
17 NEW PARAGRAPH. m. Enforcement of section 476.20, subsection
183A.
19 Sec. 3. Section 476.20, Code 2021, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 3A. If the customer is a tenant, and if
22the owner or landlord of the property or premises has made
23a written request for notice to the utility, the notice of
24delinquency for nonpayment of account sent to the customer
25shall also be sent to the owner or landlord, or the designee
26of the owner or landlord. The notice shall be sent to the
27appropriate persons by ordinary mail not less than thirty days
28after the notice of delinquency is sent to the customer.
29 Sec. 4. Section 562A.12, subsection 3, paragraph a, Code
302021, is amended by adding the following new subparagraph:
31 NEW SUBPARAGRAPH. (4) To satisfy debts for a tenant’s
32delinquent utility account.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill provides that if a customer of a public utility
2is a tenant, and if the owner or landlord of the property or
3premises has made a written request for notice to the public
4utility, the notice of delinquency for nonpayment of account
5sent to the customer shall also be sent to the landlord, the
6owner, or the designee of the owner or landlord. The notice
7shall be sent to the landlord, owner, or designee within 30
8days after the notice of delinquency is sent to the customer.
9The bill applies to public utilities as defined in Code
10section 476.1 that furnish gas by piped distribution system
11or electricity to the public for compensation, water by piped
12distribution system to the public for compensation, or sanitary
13sewage or storm water drainage disposal by piped collection
14system to the public for compensation.
15The bill also applies to electric public utilities having
16fewer than 10,000 customers, municipally owned utilities
17furnishing gas or electricity, gas public utilities having
18fewer than 2,000 customers, and city utilities or enterprise
19services.
20The bill provides that the landlord may withhold from
21security deposit amounts as reasonably necessary to pay for
22delinquent utility accounts the tenant was responsible to pay
23during the tenancy.
-2-cm/jh