Print
House File 866 - ReprintedA Bill ForAn Act 1relating to landlords and tenants, including service
2animal requirements, rent late fees, forcible entry and
3detainer court records and property disposal, and peaceable
4possession, and including applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.8C, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7. A request for accommodation made by
4a person under this section must be reasonable under the
5circumstances. A landlord may make other accommodations to the
6person making the request including but not limited to offering
7to relocate the person to another housing unit managed by the
8landlord.
9 Sec. 2. Section 562A.9, subsection 4, Code 2021, is amended
10to read as follows:
114. For rental agreements in which the rent does not exceed
12seven hundred dollars per month, a rental agreement shall not
13provide for a late fee that exceeds twelve dollars per day or a
14total amount of sixty dollars per month. For rental agreements
15in which the rent is greater than seven hundred dollars per
16month but less than one thousand four hundred dollars per
17month, a rental agreement shall not provide for a late fee
18that exceeds twenty dollars per day or a total amount of one
19hundred dollars per month. For rental agreements in which the
20rent is at least one thousand four hundred dollars per month, a
21rental agreement shall not provide for a late fee that exceeds
22two percent of the rent per day or ten percent of the rent per
23month.
24 Sec. 3. Section 562A.11, subsection 2, Code 2021, is amended
25to read as follows:
262. A provision prohibited by subsection 1 included in a
27rental agreement is unenforceable. If a landlord willfully
28uses enforces provisions in a rental agreement containing
29provisions known by the landlord to be prohibited, a tenant may
30recover actual damages sustained by the tenant and not more
31than three months’ periodic rent and reasonable attorney fees.
32 Sec. 4. Section 648.18, Code 2021, is amended to read as
33follows:
34648.18 Possession — bar.
35Thirty days’ peaceable possession with the knowledge of the
-1-1plaintiff after the cause of action accrues is a bar to this
2proceeding. However, this section does not apply to a landlord
3that notifies a tenant in a writing of a breach of a financial
4obligation under a rental agreement entered into under chapter
5562A and the landlord’s intent to enforce such provision.
6 Sec. 5. Section 648.22, Code 2021, is amended to read as
7follows:
8648.22 Judgment — execution — costs — disposal of personal
9property — sealing of court records.
101. If the defendant is found guilty, judgment shall be
11entered that the defendant be removed from the premises, and
12that the plaintiff be put in possession of the premises, and an
13execution for the defendant’s removal within three days from
14the judgment shall issue accordingly to which judgment for
15costs shall be entered in the judgment docket and lien index,
16and to which shall be added a clause commanding the officer to
17collect the costs as in ordinary cases.
182. Any personal property of the defendant remaining on the
19plaintiff’s real property after the defendant’s removal under
20this section may be disposed of by the plaintiff.
213. In a residential forcible entry and detainer action the
22court shall enter an order sealing the court records of the
23action not later than three days from the date of the hearing,
24or from the date the hearing would have been held as provided
25by law, if any of the following occurs:
26a. The defendant is found not guilty.
27b. By motion or upon the court’s own determination, the
28court finds there is no genuine issue of material fact between
29the parties.
30c. The case is dismissed.
31d. The plaintiff does not appear for the hearing.
324. Upon application of a defendant found guilty in a
33residential forcible entry and detainer action for nonpayment
34of rent, the court shall enter an order sealing the record of
35the action, the existence of the petition, all filings and
-2-1documentation within the case file, and any associated writs of
2execution, if all of the following conditions are met:
3a. More than five years have passed since the date of the
4finding of guilt.
5b. The applicant has not been found guilty in a subsequent
6forcible entry and detainer action in the five-year period
7directly preceding the application.
8c. The applicant has not previously been granted a sealing
9of a finding of guilt under this chapter within ten years prior
10to the application.
11d. The applicant has paid all court costs, fees, fines, and
12any other financial obligation ordered by the court or assessed
13by the clerk of the district court in the case.
145. The application to seal the record of the action shall be
15included in the record the defendant wishes to seal, using a
16form prescribed by the supreme court.
176. Upon sealing, the existence of the petition, all filings
18and documentation within the case file, and any associated
19writs of execution shall be removed from any publicly
20accessible location under the direction of the judicial branch
21or county, as applicable. Notwithstanding chapter 22, records
22sealed upon satisfaction of the requirements specified in this
23section shall not be available for public inspection except in
24one of the following manners:
25a. Upon request by the defendant or the attorney for the
26defendant by filing a motion in the sealed case.
27b. Upon application to the judicial branch using a form
28prescribed by the supreme court for scholarly, educational,
29journalistic, or governmental purposes only, provided that in
30all cases, the names of minor children shall remain sealed
31at all times, and that the names and personally identifiable
32information of all persons named as defendants or included in
33the plaintiff’s petition shall be redacted and remain sealed
34unless the court determines that release of such information is
35necessary to fulfill the scholarly, educational, journalistic,
-3-1or governmental purpose of the request.
2c. The clerk of court in the county in which an action is
3originated shall maintain a record in the aggregate of all
4filings and the final disposition of any such actions, to
5include dismissal, default judgment, and writs associated with
6disposition. The clerk of court shall make available to the
7public and report annually such aggregate information in such
8a manner prescribed by the supreme court as to protect the
9identity of the parties while still providing the public with
10information regarding eviction proceedings in the county.
117. Upon sealing, a consumer reporting agency shall
12not disclose the existence of, or information regarding,
13an eviction action or other civil action sealed or made
14confidential under this section or use such action as a factor
15to determine any score or recommendation to be included in a
16consumer report regarding any person named in such case.
178. Subsections 3 through 7 shall not apply to a money
18judgment awarded for an action that was filed with a forcible
19entry and detainer action or arising from the same set of facts
20and circumstances.
21 Sec. 6. APPLICABILITY. The following applies to rental
22agreements whose lease terms begin on or after January 1, 2022:
23The section of this Act amending section 562A.9.
cm/jh/md
2animal requirements, rent late fees, forcible entry and
3detainer court records and property disposal, and peaceable
4possession, and including applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.8C, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7. A request for accommodation made by
4a person under this section must be reasonable under the
5circumstances. A landlord may make other accommodations to the
6person making the request including but not limited to offering
7to relocate the person to another housing unit managed by the
8landlord.
9 Sec. 2. Section 562A.9, subsection 4, Code 2021, is amended
10to read as follows:
114. For rental agreements in which the rent does not exceed
12seven hundred dollars per month, a rental agreement shall not
13provide for a late fee that exceeds twelve dollars per day or a
14total amount of sixty dollars per month. For rental agreements
15in which the rent is greater than seven hundred dollars per
16month but less than one thousand four hundred dollars per
17month, a rental agreement shall not provide for a late fee
18that exceeds twenty dollars per day or a total amount of one
19hundred dollars per month. For rental agreements in which the
20rent is at least one thousand four hundred dollars per month, a
21rental agreement shall not provide for a late fee that exceeds
22two percent of the rent per day or ten percent of the rent per
23month.
24 Sec. 3. Section 562A.11, subsection 2, Code 2021, is amended
25to read as follows:
262. A provision prohibited by subsection 1 included in a
27rental agreement is unenforceable. If a landlord willfully
28uses enforces provisions in a rental agreement containing
29provisions known by the landlord to be prohibited, a tenant may
30recover actual damages sustained by the tenant and not more
31than three months’ periodic rent and reasonable attorney fees.
32 Sec. 4. Section 648.18, Code 2021, is amended to read as
33follows:
34648.18 Possession — bar.
35Thirty days’ peaceable possession with the knowledge of the
-1-1plaintiff after the cause of action accrues is a bar to this
2proceeding. However, this section does not apply to a landlord
3that notifies a tenant in a writing of a breach of a financial
4obligation under a rental agreement entered into under chapter
5562A and the landlord’s intent to enforce such provision.
6 Sec. 5. Section 648.22, Code 2021, is amended to read as
7follows:
8648.22 Judgment — execution — costs — disposal of personal
9property — sealing of court records.
101. If the defendant is found guilty, judgment shall be
11entered that the defendant be removed from the premises, and
12that the plaintiff be put in possession of the premises, and an
13execution for the defendant’s removal within three days from
14the judgment shall issue accordingly to which judgment for
15costs shall be entered in the judgment docket and lien index,
16and to which shall be added a clause commanding the officer to
17collect the costs as in ordinary cases.
182. Any personal property of the defendant remaining on the
19plaintiff’s real property after the defendant’s removal under
20this section may be disposed of by the plaintiff.
213. In a residential forcible entry and detainer action the
22court shall enter an order sealing the court records of the
23action not later than three days from the date of the hearing,
24or from the date the hearing would have been held as provided
25by law, if any of the following occurs:
26a. The defendant is found not guilty.
27b. By motion or upon the court’s own determination, the
28court finds there is no genuine issue of material fact between
29the parties.
30c. The case is dismissed.
31d. The plaintiff does not appear for the hearing.
324. Upon application of a defendant found guilty in a
33residential forcible entry and detainer action for nonpayment
34of rent, the court shall enter an order sealing the record of
35the action, the existence of the petition, all filings and
-2-1documentation within the case file, and any associated writs of
2execution, if all of the following conditions are met:
3a. More than five years have passed since the date of the
4finding of guilt.
5b. The applicant has not been found guilty in a subsequent
6forcible entry and detainer action in the five-year period
7directly preceding the application.
8c. The applicant has not previously been granted a sealing
9of a finding of guilt under this chapter within ten years prior
10to the application.
11d. The applicant has paid all court costs, fees, fines, and
12any other financial obligation ordered by the court or assessed
13by the clerk of the district court in the case.
145. The application to seal the record of the action shall be
15included in the record the defendant wishes to seal, using a
16form prescribed by the supreme court.
176. Upon sealing, the existence of the petition, all filings
18and documentation within the case file, and any associated
19writs of execution shall be removed from any publicly
20accessible location under the direction of the judicial branch
21or county, as applicable. Notwithstanding chapter 22, records
22sealed upon satisfaction of the requirements specified in this
23section shall not be available for public inspection except in
24one of the following manners:
25a. Upon request by the defendant or the attorney for the
26defendant by filing a motion in the sealed case.
27b. Upon application to the judicial branch using a form
28prescribed by the supreme court for scholarly, educational,
29journalistic, or governmental purposes only, provided that in
30all cases, the names of minor children shall remain sealed
31at all times, and that the names and personally identifiable
32information of all persons named as defendants or included in
33the plaintiff’s petition shall be redacted and remain sealed
34unless the court determines that release of such information is
35necessary to fulfill the scholarly, educational, journalistic,
-3-1or governmental purpose of the request.
2c. The clerk of court in the county in which an action is
3originated shall maintain a record in the aggregate of all
4filings and the final disposition of any such actions, to
5include dismissal, default judgment, and writs associated with
6disposition. The clerk of court shall make available to the
7public and report annually such aggregate information in such
8a manner prescribed by the supreme court as to protect the
9identity of the parties while still providing the public with
10information regarding eviction proceedings in the county.
117. Upon sealing, a consumer reporting agency shall
12not disclose the existence of, or information regarding,
13an eviction action or other civil action sealed or made
14confidential under this section or use such action as a factor
15to determine any score or recommendation to be included in a
16consumer report regarding any person named in such case.
178. Subsections 3 through 7 shall not apply to a money
18judgment awarded for an action that was filed with a forcible
19entry and detainer action or arising from the same set of facts
20and circumstances.
21 Sec. 6. APPLICABILITY. The following applies to rental
22agreements whose lease terms begin on or after January 1, 2022:
23The section of this Act amending section 562A.9.
cm/jh/md