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House File 270 - IntroducedA Bill ForAn Act 1relating to the testing of well water of dwelling
2units and mobile home spaces prior to entering into rental
3agreements.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 562A.13A Dwellings served by well
2water — testing — corrective actions — disclosure.
31. For purposes of this section, unless the context
4otherwise requires, “corrective action” means either adding a
5sufficient amount of chlorine to disinfect a well or installing
6a filter system in a well.
72. If a dwelling unit is served by well water, the landlord
8shall test the well serving the dwelling unit prior to entering
9into a rental agreement or every two years, whichever is
10longer. A well must be tested according to rules developed
11by the department of natural resources pursuant to chapter
1217A. Well water is considered safe for drinking if the water
13meets the standards established pursuant to section 455B.172,
14subsection 3.
153. If a well fails to have safe drinking water, the landlord
16shall take corrective action to ensure the water is safe to
17drink prior to entering into the prospective rental agreement
18or as soon as possible if a tenant is occupying the dwelling
19unit. The landlord shall be liable for all costs associated
20with taking corrective action. If a current tenant lives in
21the dwelling unit, the landlord shall be liable for costs
22associated with the temporary procurement of safe drinking
23water.
244. Following a test, proof that the well water is safe
25to drink or that corrective action has been taken shall be
26provided to the prospective or current tenant. Such proof is
27valid for a period of two years.
285. a. If a landlord fails to provide proof that the water
29is safe to drink or that corrective action has been taken, the
30tenant shall be entitled to all rights and remedies set forth
31in section 562A.21.
32b. If the landlord fails to provide safe drinking water
33or cover costs necessary to procure safe drinking water to a
34current tenant, the tenant shall be entitled to all rights and
35remedies set forth in section 562A.23.
-1-1 Sec. 2. Section 562A.21, subsections 1 and 2, Code 2019, are
2amended to read as follows:
31. Except as provided in this chapter, if there is a
4material noncompliance by the landlord with the rental
5agreement, or a noncompliance with section 562A.15 materially
6affecting health and safety, or a failure to provide
7information under section 562A.13A, the tenant may elect
8to commence an action under this section and shall deliver
9a written notice to the landlord specifying the acts and
10omissions constituting the breach and that the rental agreement
11will terminate upon a date not less than seven days after
12receipt of the notice if the breach is not remedied in seven
13days, and the rental agreement shall terminate and the tenant
14shall surrender as provided in the notice subject to the
15following:
16a. If the breach is remediable by repairs or the payment of
17damages or otherwise, and if the landlord adequately remedies
18the breach prior to the date specified in the notice, the
19rental agreement shall not terminate.
20b. If substantially the same act or omission which
21constituted a prior noncompliance of which notice was given
22recurs within six months, the tenant may terminate the rental
23agreement upon at least seven days’ written notice specifying
24the breach and the date of termination of the rental agreement
25unless the landlord has exercised due diligence and effort to
26remedy the breach which gave rise to the noncompliance.
27c. The tenant may not terminate for a condition caused by
28the deliberate or negligent act or omission of the tenant, a
29member of the tenant’s family, or other person on the premises
30with the tenant’s consent.
312. Except as provided in this chapter, the tenant
32may recover damages and obtain injunctive relief for any
33noncompliance by the landlord with the rental agreement or
34section 562A.13A or 562A.15 unless the landlord demonstrates
35affirmatively that the landlord has exercised due diligence and
-2-1effort to remedy any noncompliance, and that any failure by the
2landlord to remedy any noncompliance was due to circumstances
3reasonably beyond the control of the landlord. If the
4landlord’s noncompliance is willful the tenant may recover
5reasonable attorney fees.
6 Sec. 3. Section 562A.23, subsection 1, Code 2019, is amended
7to read as follows:
81. If contrary to the rental agreement or section 562A.13A
9or 562A.15 the landlord deliberately or negligently fails to
10supply running water, safe drinking water, hot water, or heat,
11or essential services, the tenant may give written notice to
12the landlord specifying the breach and may:
13a. Procure reasonable amounts of hot water, safe drinking
14water, running water, heat, and essential services during the
15period of the landlord’s noncompliance and deduct their actual
16and reasonable cost from the rent;
17b. Recover damages based upon the diminution in the fair
18rental value of the dwelling unit; or
19c. Recover any rent already paid for the period of the
20landlord’s noncompliance which shall be reimbursed on a pro
21rata basis.
22 Sec. 4. NEW SECTION. 562B.14A Mobile home spaces served by
23well water — testing — corrective actions — disclosure.
241. For purposes of this section, unless the context
25otherwise requires, “corrective action” means either adding a
26sufficient amount of chlorine to disinfect a well or installing
27a filter system in a well.
282. If a mobile home space is served by well water, the
29landlord shall test the well serving the mobile home space
30prior to entering into a rental agreement or every two years,
31whichever is longer. A well must be tested according to rules
32developed by the department of natural resources pursuant to
33chapter 17A. Well water is considered safe for drinking if
34the water meets the standards established pursuant to section
35455B.172, subsection 3.
-3- 13. If a well fails to have safe drinking water, the landlord
2shall take corrective action to ensure the water is safe to
3drink prior to entering into the prospective rental agreement
4or as soon as possible if a tenant is occupying the mobile home
5space. The landlord shall be liable for all costs associated
6with taking corrective action. If a tenant is currently
7occupying the mobile home space, the landlord shall be liable
8for costs associated with the temporary procurement of safe
9drinking water.
104. Following a test, proof that the well water is safe
11to drink or that corrective action has been taken shall be
12provided to the prospective or current tenant. Such proof is
13valid for a period of two years.
145. If a landlord fails to provide proof that the water is
15safe to drink or that corrective action has been taken, or
16fails to provide safe drinking water or cover costs necessary
17to procure safe drinking water prior to the completion of
18corrective action, the tenant shall be entitled to all rights
19and remedies set forth in section 562B.22.
20 Sec. 5. Section 562B.22, subsections 1 and 2, Code 2019, are
21amended to read as follows:
221. Except as provided in this chapter, if there is a
23material noncompliance by the landlord with the rental
24agreement, the tenant may deliver a written notice to the
25landlord specifying the acts and omissions constituting the
26breach and that the rental agreement will terminate upon a
27date not less than thirty days after receipt of the notice if
28the breach is not remedied in fourteen days. If there is a
29noncompliance by the landlord with section 562B.16 materially
30affecting health and safety or with section 562B.14A, the
31tenant may deliver a written notice to the landlord specifying
32the acts and omissions constituting the breach and that the
33rental agreement will terminate upon a date not less than
34thirty days after receipt of the notice if the breach is
35not remedied in fourteen days. The rental agreement shall
-4-1terminate and the mobile home space shall be vacated as
2provided in the notice subject to the following:
3a. If the breach is remediable by repairs or the payment of
4damages or otherwise and the landlord adequately remedies the
5breach prior to the date specified in the notice, the rental
6agreement will not terminate.
7b. The tenant may not terminate for a condition caused by
8the deliberate or negligent act or omission of the tenant,
9a member of the tenant’s family or other person in the
10manufactured home community or mobile home park with the
11tenant’s consent.
122. Except as provided in this chapter, the tenant may
13recover damages, and obtain injunctive relief for any
14noncompliance by the landlord with the rental agreement or with
15section 562B.14A or 562B.16.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill requires a landlord of a dwelling unit or
20manufactured or mobile home space served by well water to
21test the well prior to entering a rental agreement with a
22prospective tenant or every two years, whichever is longer,
23pursuant to rules and standards adopted by the department
24of natural resources and county boards of health. If the
25well water is not safe to drink pursuant to such standards,
26the landlord must take corrective action prior to entering
27the rental agreement with a prospective tenant or as soon as
28possible if a current tenant occupies the dwelling unit or
29mobile home space. If there is a current tenant, the landlord
30shall be liable for providing safe drinking water or covering
31costs associated with procuring safe drinking water until
32corrective action is complete. The landlord shall provide to a
33prospective or current tenant proof that the well water is safe
34to drink or that corrective action has been taken. Such proof
35is valid for up to two years. If a landlord fails to provide
-5-1proof that the water is safe to drink or that corrective action
2has been taken or fails to provide safe drinking water or cover
3costs necessary to procure safe drinking water to a tenant, a
4tenant is entitled to the rights and remedies set forth in Code
5section 562A.21, 562A.23, or 562B.22, as applicable.
-6-js/jh
2units and mobile home spaces prior to entering into rental
3agreements.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 562A.13A Dwellings served by well
2water — testing — corrective actions — disclosure.
31. For purposes of this section, unless the context
4otherwise requires, “corrective action” means either adding a
5sufficient amount of chlorine to disinfect a well or installing
6a filter system in a well.
72. If a dwelling unit is served by well water, the landlord
8shall test the well serving the dwelling unit prior to entering
9into a rental agreement or every two years, whichever is
10longer. A well must be tested according to rules developed
11by the department of natural resources pursuant to chapter
1217A. Well water is considered safe for drinking if the water
13meets the standards established pursuant to section 455B.172,
14subsection 3.
153. If a well fails to have safe drinking water, the landlord
16shall take corrective action to ensure the water is safe to
17drink prior to entering into the prospective rental agreement
18or as soon as possible if a tenant is occupying the dwelling
19unit. The landlord shall be liable for all costs associated
20with taking corrective action. If a current tenant lives in
21the dwelling unit, the landlord shall be liable for costs
22associated with the temporary procurement of safe drinking
23water.
244. Following a test, proof that the well water is safe
25to drink or that corrective action has been taken shall be
26provided to the prospective or current tenant. Such proof is
27valid for a period of two years.
285. a. If a landlord fails to provide proof that the water
29is safe to drink or that corrective action has been taken, the
30tenant shall be entitled to all rights and remedies set forth
31in section 562A.21.
32b. If the landlord fails to provide safe drinking water
33or cover costs necessary to procure safe drinking water to a
34current tenant, the tenant shall be entitled to all rights and
35remedies set forth in section 562A.23.
-1-1 Sec. 2. Section 562A.21, subsections 1 and 2, Code 2019, are
2amended to read as follows:
31. Except as provided in this chapter, if there is a
4material noncompliance by the landlord with the rental
5agreement, or a noncompliance with section 562A.15 materially
6affecting health and safety, or a failure to provide
7information under section 562A.13A, the tenant may elect
8to commence an action under this section and shall deliver
9a written notice to the landlord specifying the acts and
10omissions constituting the breach and that the rental agreement
11will terminate upon a date not less than seven days after
12receipt of the notice if the breach is not remedied in seven
13days, and the rental agreement shall terminate and the tenant
14shall surrender as provided in the notice subject to the
15following:
16a. If the breach is remediable by repairs or the payment of
17damages or otherwise, and if the landlord adequately remedies
18the breach prior to the date specified in the notice, the
19rental agreement shall not terminate.
20b. If substantially the same act or omission which
21constituted a prior noncompliance of which notice was given
22recurs within six months, the tenant may terminate the rental
23agreement upon at least seven days’ written notice specifying
24the breach and the date of termination of the rental agreement
25unless the landlord has exercised due diligence and effort to
26remedy the breach which gave rise to the noncompliance.
27c. The tenant may not terminate for a condition caused by
28the deliberate or negligent act or omission of the tenant, a
29member of the tenant’s family, or other person on the premises
30with the tenant’s consent.
312. Except as provided in this chapter, the tenant
32may recover damages and obtain injunctive relief for any
33noncompliance by the landlord with the rental agreement or
34section 562A.13A or 562A.15 unless the landlord demonstrates
35affirmatively that the landlord has exercised due diligence and
-2-1effort to remedy any noncompliance, and that any failure by the
2landlord to remedy any noncompliance was due to circumstances
3reasonably beyond the control of the landlord. If the
4landlord’s noncompliance is willful the tenant may recover
5reasonable attorney fees.
6 Sec. 3. Section 562A.23, subsection 1, Code 2019, is amended
7to read as follows:
81. If contrary to the rental agreement or section 562A.13A
9or 562A.15 the landlord deliberately or negligently fails to
10supply running water, safe drinking water, hot water, or heat,
11or essential services, the tenant may give written notice to
12the landlord specifying the breach and may:
13a. Procure reasonable amounts of hot water, safe drinking
14water, running water, heat, and essential services during the
15period of the landlord’s noncompliance and deduct their actual
16and reasonable cost from the rent;
17b. Recover damages based upon the diminution in the fair
18rental value of the dwelling unit; or
19c. Recover any rent already paid for the period of the
20landlord’s noncompliance which shall be reimbursed on a pro
21rata basis.
22 Sec. 4. NEW SECTION. 562B.14A Mobile home spaces served by
23well water — testing — corrective actions — disclosure.
241. For purposes of this section, unless the context
25otherwise requires, “corrective action” means either adding a
26sufficient amount of chlorine to disinfect a well or installing
27a filter system in a well.
282. If a mobile home space is served by well water, the
29landlord shall test the well serving the mobile home space
30prior to entering into a rental agreement or every two years,
31whichever is longer. A well must be tested according to rules
32developed by the department of natural resources pursuant to
33chapter 17A. Well water is considered safe for drinking if
34the water meets the standards established pursuant to section
35455B.172, subsection 3.
-3- 13. If a well fails to have safe drinking water, the landlord
2shall take corrective action to ensure the water is safe to
3drink prior to entering into the prospective rental agreement
4or as soon as possible if a tenant is occupying the mobile home
5space. The landlord shall be liable for all costs associated
6with taking corrective action. If a tenant is currently
7occupying the mobile home space, the landlord shall be liable
8for costs associated with the temporary procurement of safe
9drinking water.
104. Following a test, proof that the well water is safe
11to drink or that corrective action has been taken shall be
12provided to the prospective or current tenant. Such proof is
13valid for a period of two years.
145. If a landlord fails to provide proof that the water is
15safe to drink or that corrective action has been taken, or
16fails to provide safe drinking water or cover costs necessary
17to procure safe drinking water prior to the completion of
18corrective action, the tenant shall be entitled to all rights
19and remedies set forth in section 562B.22.
20 Sec. 5. Section 562B.22, subsections 1 and 2, Code 2019, are
21amended to read as follows:
221. Except as provided in this chapter, if there is a
23material noncompliance by the landlord with the rental
24agreement, the tenant may deliver a written notice to the
25landlord specifying the acts and omissions constituting the
26breach and that the rental agreement will terminate upon a
27date not less than thirty days after receipt of the notice if
28the breach is not remedied in fourteen days. If there is a
29noncompliance by the landlord with section 562B.16 materially
30affecting health and safety or with section 562B.14A, the
31tenant may deliver a written notice to the landlord specifying
32the acts and omissions constituting the breach and that the
33rental agreement will terminate upon a date not less than
34thirty days after receipt of the notice if the breach is
35not remedied in fourteen days. The rental agreement shall
-4-1terminate and the mobile home space shall be vacated as
2provided in the notice subject to the following:
3a. If the breach is remediable by repairs or the payment of
4damages or otherwise and the landlord adequately remedies the
5breach prior to the date specified in the notice, the rental
6agreement will not terminate.
7b. The tenant may not terminate for a condition caused by
8the deliberate or negligent act or omission of the tenant,
9a member of the tenant’s family or other person in the
10manufactured home community or mobile home park with the
11tenant’s consent.
122. Except as provided in this chapter, the tenant may
13recover damages, and obtain injunctive relief for any
14noncompliance by the landlord with the rental agreement or with
15section 562B.14A or 562B.16.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill requires a landlord of a dwelling unit or
20manufactured or mobile home space served by well water to
21test the well prior to entering a rental agreement with a
22prospective tenant or every two years, whichever is longer,
23pursuant to rules and standards adopted by the department
24of natural resources and county boards of health. If the
25well water is not safe to drink pursuant to such standards,
26the landlord must take corrective action prior to entering
27the rental agreement with a prospective tenant or as soon as
28possible if a current tenant occupies the dwelling unit or
29mobile home space. If there is a current tenant, the landlord
30shall be liable for providing safe drinking water or covering
31costs associated with procuring safe drinking water until
32corrective action is complete. The landlord shall provide to a
33prospective or current tenant proof that the well water is safe
34to drink or that corrective action has been taken. Such proof
35is valid for up to two years. If a landlord fails to provide
-5-1proof that the water is safe to drink or that corrective action
2has been taken or fails to provide safe drinking water or cover
3costs necessary to procure safe drinking water to a tenant, a
4tenant is entitled to the rights and remedies set forth in Code
5section 562A.21, 562A.23, or 562B.22, as applicable.
-6-js/jh