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Senate Study Bill 3151 - IntroducedA Bill ForAn Act 1relating to property law, including mobile homes and
2manufactured housing, rental agreements, landlord and
3tenant remedies for retaliation, wrongful failure to provide
4essential services, rent increases, the sale of manufactured
5home community or mobile home park, the repeal of the
6manufactured home community and mobile home tax, forcible
7entry and detainer actions, abandoned mobile homes, and
8including effective date and applicability provisions.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2RETALIATION
3 Section 1. Section 562B.32, subsection 1, paragraph d, Code
42022, is amended to read as follows:
5d. For exercising any of the rights and remedies pursuant
6to this chapter or chapter 216.
7 Sec. 2. Section 562B.32, subsection 2, Code 2022, is amended
8to read as follows:
92. If the landlord acts in violation of subsection 1
10of this section, the tenant is entitled to the remedies
11provided in section 562B.24 and has a defense in an action for
12possession. In an action by or against the tenant, evidence
13of a complaint within six months one year prior to the alleged
14act of retaliation creates a presumption that the landlord’s
15conduct was in retaliation. The presumption does not arise
16if the tenant made the complaint after notice of termination
17of the rental agreement. For the purpose of this subsection,
18“presumption” means that the trier of fact must find the
19existence of the fact presumed unless and until evidence is
20introduced which would support a finding of its nonexistence.
21DIVISION II
22rentAL AGREEMENTS
23 Sec. 3. Section 562B.7, subsection 10, Code 2022, is amended
24to read as follows:
2510. “Rent” means a payment to be made to the landlord under
26the rental agreement, including base rent, utilities, late
27fees, and other payments made by the tenant to the landlord
28under the rental agreement.
29 Sec. 4. Section 562B.10, subsection 5, Code 2022, is amended
30to read as follows:
315. Rental agreements shall be for a term of one year unless
32otherwise specified in the rental agreement. Rental agreements
33shall be canceled by at least sixty ninety days’ written notice
34given by either party. A landlord shall not cancel a rental
35agreement solely for the purpose of making the tenant’s mobile
-1-1home space available for another mobile home.
2 Sec. 5. Section 562B.14, subsection 7, Code 2022, is amended
3to read as follows:
47. Each tenant shall be notified, in writing, of any rent
5increase at least sixty ninety days before the effective date.
6Such effective date shall not be sooner than the expiration
7date of the original rental agreement or any renewal or
8extension thereof.
9 Sec. 6. EFFECTIVE DATE. This division of this Act, being
10deemed of immediate importance, takes effect upon enactment.
11 Sec. 7. APPLICABILITY. This division of this Act applies to
12rent increases first noticed under chapter 562B occurring on or
13after the effective date of this division of this Act.
14DIVISION III
15DISCLOSURE OF UTILITY CHARGES
16 Sec. 8. Section 562B.14, subsection 6, Code 2022, is amended
17to read as follows:
186. a. The landlord or any person authorized to enter into
19a rental agreement on the landlord’s behalf shall provide a
20written explanation of utility rates, charges and services to
21the prospective tenant before the rental agreement is signed
22unless the utility charges are paid by the tenant directly to
23the utility company.
24b. Tenants shall be notified of any increase in utility
25rates or charges in the manner set forth in subsection 7, for
26rent increases, unless the landlord obtains the utility service
27from a utility provider and does not receive at least ninety
28days prior notice of such increase from the utility provider in
29which case no prior notice of the increase from the landlord to
30the tenant is required for the increase to be effective.
31DIVISION IV
32WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES
33 Sec. 9. NEW SECTION. 562B.23A Wrongful failure to supply
34running water or essential services.
351. If contrary to the rental agreement or section 562B.16
-2-1the landlord deliberately or negligently fails to supply
2running water or other essential services, the tenant may give
3written notice to the landlord specifying the breach and may
4do one of the following:
5a. Procure reasonable amounts of water or other essential
6services during the period of the landlord’s noncompliance and
7deduct the actual and reasonable cost from the rent.
8b. Recover damages based upon the diminution in the fair
9market value of the mobile home space.
10c. Recover any rent already paid for the period of the
11landlord’s noncompliance which shall be reimbursed on a pro
12rata basis.
132. If the tenant proceeds under this section, the tenant may
14not proceed under section 562B.22 as to that breach.
153. The rights under this section do not arise until the
16tenant has given notice to the landlord or if the condition was
17caused by the deliberate or negligent act or omission of the
18tenant, a member of the tenant’s family, or other person on the
19premises with the consent of the tenant.
20 Sec. 10. EFFECTIVE DATE. This division of this Act, being
21deemed of immediate importance, takes effect upon enactment.
22DIVISION V
23DENIAL OF RENTAL OR REFUSAL OF SALE
24 Sec. 11. Section 562B.19, subsection 3, paragraph c, Code
252022, is amended to read as follows:
26c. Deny any resident of a manufactured home community
27or mobile home park the right to sell that person’s mobile
28home at a price of the person’s own choosing, but may reserve
29the right to approve the purchaser of such mobile home as a
30tenant but such permission may not be unreasonably withheld,
31provided however, that the landlord may, in the event of a
32sale to a third party, in order to upgrade the quality of
33the manufactured home community or mobile home park, require
34that any mobile home in a rundown condition or in disrepair be
35removed from the manufactured home community or park within
-3-1sixty days. If the landlord does not approve the purchaser as
2a tenant, the landlord shall provide the purchaser with written
3notice of such denial and the general reason for the denial,
4but the landlord shall not be required to provide a specific
5reason for the denial.
6DIVISION VI
7PROHIBITED RENTAL AGREEMENT PROVISION — HOME EQUIPMENT
8 Sec. 12. Section 562B.11, subsection 1, Code 2022, is
9amended by adding the following new paragraph:
10 NEW PARAGRAPH. e. Agrees to modify the mobile home,
11manufactured home, or modular home in a way that would
12substantially impair the ability of the tenant to move the
13home from the mobile home space, unless such modification is
14required by federal law, including but not limited to the
15model manufactured home installation standards, 24 C.F.R. pt.
163285, the manufactured home construction and safety standards,
1724 C.F.R. pt.3280, or the manufactured home procedural and
18enforcement regulations, 24 C.F.R. pt.3282, or by state or
19local law, the manufacturer’s installation instructions, any
20requirement arising from the landlord’s financing of the home
21or of the mobile home park or manufactured home community in
22which the home is located, or unless such modification is
23otherwise necessary for the safe and proper installation of the
24home.
25DIVISION VII
26LANDLORD SALES
27 Sec. 13. NEW SECTION. 562B.17A Sale of mobile home by
28landlord.
291. Any sale of a mobile home located in a manufactured home
30community or mobile home park by a landlord or landlord’s agent
31shall be by written agreement and the landlord shall, upon the
32buyer’s fulfillment of all payment and other terms under the
33agreement, produce and assign the current certificate of title
34obtained from the department of transportation. The agreement
35shall state the basic terms of sale, including the total
-4-1cost of the mobile home, and, in the case of an installment
2contract, finance charges, annual percentage rate, and the
3frequency and amount of each installment payment.
42. If such sale does not comply with this section, the
5court may award monetary or equitable relief, including voiding
6the sale, and the buyer may recover damages incurred, amounts
7paid as a rental deposit in excess of two months’ rent, and
8reasonable attorney fees.
93. A claim under subsection 2 may be combined with an action
10under chapter 648.
11 Sec. 14. Section 648.19, subsection 1, Code 2022, is amended
12to read as follows:
131. An action under this chapter shall not be filed in
14connection with any other action, with the exception of a claim
15for rent or recovery as provided in section 555B.3, 562A.24,
16562A.32, 562B.17A, 562B.22, 562B.25, or 562B.27, nor shall it
17be made the subject of counterclaim.
18DIVISION VIII
19SALE OF MANUFACTURED HOME COMMUNITY OR MOBILE HOME PARK
20 Sec. 15. NEW SECTION. 562B.16A Sale of manufactured home
21community or mobile home park — notices.
22Upon termination of the landlord’s interest in the
23manufactured home community or mobile home park, the landlord’s
24successor in interest shall have the same legal obligations,
25rights, and remedies of the landlord, including with respect to
26all rental agreements.
27 Sec. 16. APPLICABILITY. This division of this Act applies
28to manufactured home community or mobile home park sale
29transactions made on or after the effective date of this
30division of this Act.
31DIVISION IX
32MANUFACTURED HOME AND MOBILE HOME TAX
33 Sec. 17. Section 29C.24, subsection 3, paragraph a,
34subparagraph (6), Code 2022, is amended to read as follows:
35(6) The assessment of property taxes by the department
-5-1of revenue under sections 428.24 through 428.26, 428.28, and
2428.29, or chapters 433, 434, 435, and 437 through 438, or by
3a local assessor under another provision of law, on property
4brought into the state to aid in the performance of disaster
5or emergency-related work during a disaster response period if
6such property does not remain in the state after the conclusion
7of the disaster response period.
8 Sec. 18. Section 321.24, subsection 1, Code 2022, is amended
9to read as follows:
101. Upon receipt of the application for title and payment of
11the required fees for a motor vehicle, trailer, or semitrailer,
12the county treasurer or the department shall, when satisfied
13as to the application’s genuineness and regularity, and, in
14the case of a mobile home or manufactured home, that taxes
15are not owing under chapter 423 or 435, issue a certificate
16of title and, except for a mobile home or manufactured home,
17a registration receipt, and shall file the application, the
18manufacturer’s or importer’s certificate, the certificate of
19title, or other evidence of ownership, as prescribed by the
20department. The registration receipt shall be delivered to the
21owner and shall contain upon its face the date issued, the name
22and address of the owner, the registration number assigned to
23the vehicle, the amount of the fee paid, the type of fuel used,
24a description of the vehicle as determined by the department,
25and a form for notice of transfer of the vehicle. The name
26and address of any lessee of the vehicle shall not be printed
27on the registration receipt or certificate of title. Up to
28three owners may be listed on the registration receipt and
29certificate of title.
30 Sec. 19. Section 321.30, subsection 1, paragraph j, Code
312022, is amended by striking the paragraph.
32 Sec. 20. Section 321.46, subsection 2, Code 2022, is amended
33to read as follows:
342. Upon filing the application for a new registration and
35a new title, the applicant shall pay a title fee of twenty
-6-1dollars, an annual registration fee prorated for the remaining
2unexpired months of the registration year, and a fee for new
3registration if applicable. A manufacturer applying for a
4certificate of title pursuant to section 322G.12 shall pay a
5title fee of ten dollars. However, a title fee shall not be
6charged to a manufactured or mobile home retailer applying for
7a certificate of title for a used mobile home or manufactured
8home, titled in Iowa, as required under section 321.45,
9subsection 4. The county treasurer, if satisfied of the
10genuineness and regularity of the application, and in the case
11of a mobile home or manufactured home, that taxes are not owing
12under chapter 435, and that the applicant has complied with all
13the requirements of this chapter, shall issue a new certificate
14of title and, except for a mobile home, manufactured home,
15or a vehicle returned to and accepted by a manufacturer as
16described in section 322G.12, a registration card to the
17purchaser or transferee, shall cancel the prior registration
18for the vehicle, and shall forward the necessary copies to the
19department on the date of issuance, as prescribed in section
20321.24. Mobile homes or manufactured homes titled under
21chapter 448 that have been subject under section 446.18 to a
22public bidder sale in a county shall be titled in the county’s
23name, with no fee, and the county treasurer shall issue the
24title.
25 Sec. 21. Section 321.101, subsection 2, Code 2022, is
26amended to read as follows:
272. The department shall cancel a certificate of title that
28appears to have been improperly issued or fraudulently obtained
29or, in the case of a mobile home or manufactured home, if taxes
30were owing under chapter 435 at the time the certificate was
31issued and have not been paid. However, before the certificate
32to a mobile home or manufactured home for which taxes were
33owing can be canceled, notice and opportunity to pay the taxes
34must be given to the person to whom the certificate was issued.
35Upon cancellation of a certificate of title, the department
-7-1shall notify the county treasurer who issued it, who shall
2enter the cancellation upon the records. The department shall
3also notify the person to whom the certificate of title was
4issued, as well as each lienholder who has a perfected lien,
5of the cancellation and shall demand the surrender of the
6certificate of title, but the cancellation shall not affect the
7validity of any perfected lien.
8 Sec. 22. Section 321.123, subsection 2, paragraph b, Code
92022, is amended to read as follows:
10b. A travel trailer may be stored under section 321.134,
11provided the travel trailer is not used for human habitation
12for any period during storage and is not moved upon the
13highways of the state. A travel trailer stored under section
14321.134 is not subject to a manufactured or mobile home tax
15assessed under chapter 435.
16 Sec. 23. Section 331.429, subsection 1, paragraphs a and b,
17Code 2022, are amended to read as follows:
18a. Transfers from the general fund not to exceed in any year
19the dollar equivalent of a tax of sixteen and seven-eighths
20cents per thousand dollars of assessed value on all taxable
21property in the county multiplied by the ratio of current
22taxes actually collected and apportioned for the general basic
23levy to the total general basic levy for the current year,
24and an amount equivalent to the moneys derived by the general
25fund from military service tax credits under chapter 426A,
26manufactured or mobile home taxes under section 435.22, and
27delinquent taxes for prior years collected and apportioned to
28the general basic fund in the current year, multiplied by the
29ratio of sixteen and seven-eighths cents to three dollars and
30fifty cents. The limit on transfers in this paragraph applies
31only to property tax revenue and is not a limit on transfers of
32revenue generated from sources other than property taxes.
33b. Transfers from the rural services fund not to exceed
34in any year the dollar equivalent of a tax of three dollars
35and three-eighths cents per thousand dollars of assessed value
-8-1on all taxable property not located within the corporate
2limits of a city in the county multiplied by the ratio of
3current taxes actually collected and apportioned for the rural
4services basic levy to the total rural services basic levy
5for the current year and an amount equivalent to the moneys
6derived by the rural services fund from military service tax
7credits under chapter 426A, manufactured or mobile home taxes
8under section 435.22, and delinquent taxes for prior years
9collected and apportioned to the rural services basic fund in
10the current year, multiplied by the ratio of three dollars and
11three-eighths cents to three dollars and ninety-five cents.
12The limit on transfers in this paragraph applies only to
13property tax revenue and is not a limit on transfers of revenue
14generated from sources other than property taxes.
15 Sec. 24. Section 331.559, subsection 1, Code 2022, is
16amended by striking the subsection.
17 Sec. 25. Section 331.653, subsection 17, Code 2022, is
18amended by striking the subsection.
19 Sec. 26. Section 335.30A, subsection 2, Code 2022, is
20amended to read as follows:
212. “Land-leased community” means any site, lot, field,
22or tract of land under common ownership upon which ten or
23more occupied manufactured homes are harbored, either free of
24charge or for revenue purposes, and shall include any building,
25structure, or enclosure used or intended for use as part of the
26equipment of the land-leased community. The term “land-leased
27community” shall not be construed to include homes, buildings,
28or other structures temporarily maintained by any individual,
29educational institution, or company on their own premises and
30used exclusively to house their own labor or students. A
31manufactured home located in a land-leased community shall be
32taxed under section 435.22 as if the manufactured home were
33located in a mobile home park.
34 Sec. 27. Section 414.28A, subsection 3, Code 2022, is
35amended by striking the subsection.
-9-1 Sec. 28. Section 427A.1, subsection 1, paragraph c, Code
22022, is amended to read as follows:
3c. Buildings, structures, or improvements, any of which are
4constructed on or in the land, attached to the land, or placed
5upon a foundation whether or not attached to the foundation.
6However, property taxed under chapter 435, property that is a
7concrete batch plant as that term is defined in subsection 4,
8and to the extent provided in subsection 7, property that is
9transmission property shall not be assessed and taxed as real
10property.
11 Sec. 29. Section 435.2, Code 2022, is amended to read as
12follows:
13435.2 Placement and taxation.
141. If a mobile home is placed outside a mobile home park
15or manufactured home community, the home is to be assessed and
16taxed as real estate. If and while a mobile home is placed
17inside a mobile home park or manufactured home community, the
18home, as well as any and all garages, accessory buildings, and
19appurtenances to the home, are exempt from property tax.
202. If a manufactured home is placed in a manufactured home
21community or a mobile home park, the home must be titled, and
22is subject to the manufactured or mobile home square foot tax
23 the home, as well as any and all garages, accessory buildings,
24and appurtenances to the home, are exempt from property tax.
25If a manufactured home is placed outside a manufactured home
26community or a mobile home park, the home must be titled and is
27to be assessed and taxed as real estate.
283. For the purposes of this chapter, a modular home shall
29not be construed to be a mobile home or manufactured home. If
30a modular home is placed inside or outside a manufactured home
31community or a mobile home park, the home shall be considered
32real property and is to be assessed and taxed as real estate.
33However, if If a modular home is placed in a manufactured home
34community or mobile home park which was in existence on or
35before January 1, 1998, that modular home, as well as any and
-10-1all garages, accessory buildings, and appurtenances to the
2home, shall be subject to property tax pursuant to section
3435.22 exempt from property tax. This subsection shall not
4prohibit the location of a modular home within a manufactured
5home community or mobile home park.
6 Sec. 30. Section 435.23, Code 2022, is amended to read as
7follows:
8435.23 Exemptions — prorating tax.
91. The manufacturer’s and retailer’s inventory of mobile
10homes, manufactured homes, or modular homes not in use as a
11place of human habitation shall be exempt from the annual
12 property tax and any personal property tax. All travel
13trailers, fifth-wheel travel trailers, and towable recreational
14vehicles shall be exempt from this tax. The homes, travel
15trailers, fifth-wheel travel trailers, and towable recreational
16vehicles in the inventory of manufacturers and retailers shall
17be exempt from personal property tax.
182. The homes coming into Iowa from out of state and located
19in a manufactured home community or mobile home park shall
20be liable for the tax computed pro rata to the nearest whole
21month, for the time the home is actually situated in Iowa.
22 Sec. 31. Section 435.24, Code 2022, is amended by striking
23the section and inserting in lieu thereof the following:
24435.24 Location of homes and reporting.
251. Upon issuance of a certificate of title or upon
26transporting the home to a new site or to a location outside
27of a manufactured home community or mobile home park, the home
28owner shall file the address, township, and school district
29of the location where the home is parked with the county
30assessor’s office. Failure to comply is punishable as set out
31in section 435.18.
322. Each manufactured home community or mobile home park
33owner or manager shall notify monthly the county assessor
34concerning any home arriving in or departing from the
35manufactured home community or mobile home park. The records
-11-1of the community or park owner shall be open to inspection by a
2duly authorized representative of any law enforcement agency.
3The manufactured home community or mobile home park owner or
4manager shall make an annual report to the county assessor due
5June 1 of the homes sited in the manufactured home community or
6mobile home park, listing the owner and mailing address of each
7home located in the manufactured home community or mobile home
8park. The report is delinquent if not filed with the county
9assessor by June 30.
10 Sec. 32. Section 435.26A, subsection 3, Code 2022, is
11amended to read as follows:
123. After the surrender of a manufactured home’s certificate
13of title under this section, the manufactured home shall
14continue to be taxed under section 435.22 and is not eligible
15for the homestead tax credit or the military service tax
16exemption. A foreclosure action on a manufactured home
17whose title has been surrendered under this section shall be
18conducted as a real estate foreclosure. A tax lien and its
19priority shall remain the same on a manufactured home after its
20certificate of title has been surrendered.
21 Sec. 33. Section 435.27, subsections 1 and 3, Code 2022, are
22amended to read as follows:
231. A mobile home or manufactured home converted to real
24estate under section 435.26 may be reconverted to a home as
25provided in this section when it is moved to a manufactured
26home community or mobile home park or a manufactured or mobile
27home retailer’s inventory. When the home is located within
28a manufactured home community or mobile home park, the home,
29as well as any and all garages, accessory buildings, and
30appurtenances to the home, shall be taxed pursuant to section
31435.22, subsection 1, paragraph “a” exempt from property tax as
32provided in this chapter.
333. After compliance with subsection 2 and receipt of the
34title, the owner shall notify the assessor of the reconversion.
35The assessor shall remove the assessed valuation of the home
-12-1from assessment rolls as of the succeeding January 1 when the
2home becomes subject to taxation as provided under section
3435.24, as well as any and all garages, accessory buildings,
4and appurtenances to the home, become exempt from property tax
5as provided in this chapter.
6 Sec. 34. Section 435.33, Code 2022, is amended to read as
7follows:
8435.33 Rent reimbursement.
9A home owner who qualifies for a reduced tax rate provided
10in section 435.22 the exemption under this chapter and who
11rents a space upon which to set the home shall be entitled to
12the protections provided in sections 425.33 through 425.36
13and if the home owner who qualifies for a reduced tax rate
14 the exemption believes that a landlord has increased the home
15owner’s rent because the home owner is eligible for a reduced
16tax rate the exemption, the provisions of sections 425.33 and
17425.36 shall be applicable.
18 Sec. 35. Section 445.1, subsection 8, Code 2022, is amended
19to read as follows:
208. “Taxes” means an annual ad valorem tax, a special
21assessment, a drainage tax, and a rate or charge, and taxes
22on homes pursuant to chapter 435 which are collectible by the
23county treasurer.
24 Sec. 36. Section 445.5, subsection 6, Code 2022, is amended
25to read as follows:
266. The county treasurer shall deliver to the taxpayer a
27receipt stating the year of tax, date of payment, a description
28of the parcel, and the amount of taxes, interest, fees, and
29costs paid when payment is made by cash tender. A receipt
30for other payment tender types shall only be delivered upon
31request. The receipt shall be in full for the first half,
32second half, or full year amounts unless a payment is made
33under section 445.36A or 435.24, subsection 6.
34 Sec. 37. Section 445.57, subsection 1, Code 2022, is amended
35to read as follows:
-13- 11. On or before the tenth day of each month, the county
2treasurer shall apportion all taxes collected during the
3preceding month, except partial payment amounts collected
4pursuant to section 445.36A, subsection 1, partial payments
5collected and not yet designated by the county treasurer
6for apportionment pursuant to section 445.36A, subsection
72, partial payments collected pursuant to section 435.24,
8subsection 6, paragraph “a”, and partial payments collected and
9not yet designated by the county treasurer for apportionment
10pursuant to section 435.24, subsection 6, paragraph “b”, among
11the several funds to which they belong according to the amount
12levied for each fund, and shall apportion the interest, fees,
13and costs on the taxes to the general fund, and shall enter
14those amounts upon the treasurer’s cash account, and report the
15amounts to the county auditor.
16 Sec. 38. Section 555B.2, subsection 1, Code 2022, is amended
17to read as follows:
181. A real property owner may remove or cause to be removed
19a mobile home and other personal property which is unlawfully
20parked, placed, or abandoned on that real property, and may
21cause the mobile home and personal property to be placed in
22storage until the owner of the personal property pays a fair
23and reasonable charge for removal, storage, or other expense
24incurred, including reasonable attorney fees, or until a
25judgment of abandonment is entered pursuant to section 555B.8
26provided that there is no lien on the mobile home or personal
27property other than a tax lien pursuant to chapter 435. For
28purposes of this chapter, a lien other than a tax lien exists
29only if the real property owner receives notice of a lien
30on the standardized registration form completed by a tenant
31pursuant to section 562B.27, subsection 3, or a lien has been
32filed in state or county records on a date before the mobile
33home is considered to be abandoned. The real property owner
34or the real property owner’s agent is not liable for damages
35caused to the mobile home and personal property by the removal
-14-1or storage unless the damage is caused willfully or by gross
2negligence.
3 Sec. 39. Section 555C.1, subsection 5, paragraph b, Code
42022, is amended to read as follows:
5b. A lien of record, other than a tax lien as provided in
6chapter 435, does not exist against the home. A lien exists
7only if the real property owner receives notice of a lien on
8the standardized registration form completed by an owner or
9occupant pursuant to chapter 562B, or a lien has been filed
10in the state or county records on a date before the home is
11considered to be valueless.
12 Sec. 40. Section 555C.3, Code 2022, is amended to read as
13follows:
14555C.3 New title — third party.
15If a new title to a valueless home is to be issued to a
16third party, the county treasurer shall issue a new title, upon
17receipt of the affidavit required in section 555C.2 and payment
18of a fee pursuant to section 321.47. Any tax lien levied
19pursuant to chapter 435 is canceled and the The ownership
20interest of the previous owner or occupant of the valueless
21home is terminated as of the date of issuance of the new title.
22The new title owner shall take the title free of all rights and
23interests even though the manufactured home community or mobile
24home park owner fails to comply with the requirements of this
25chapter or any judicial proceedings, if the new title owner
26acts in good faith.
27 Sec. 41. REPEAL. Sections 435.22, 435.25, and 435.29, Code
282022, are repealed.
29 Sec. 42. SAVINGS PROVISION. This division of this Act,
30pursuant to section 4.13, does not affect the operation of,
31or prohibit the application of, prior provisions of chapter
32435, or rules adopted under chapter 17A to administer prior
33provisions of chapter 435, for taxes due and payable under
34chapter 435 in fiscal years beginning before July 1, 2022, and
35for duties, powers, protests, appeals, proceedings, actions, or
-15-1remedies attributable to taxes due and payable under chapter
2435 in fiscal years beginning before July 1, 2022.
3 Sec. 43. APPLICABILITY. This division of this Act applies
4to taxes due and payable under chapter 435 in fiscal years
5beginning on or after July 1, 2022.
6DIVISION X
7FORCIBLE ENTRY AND DETAINER
8 Sec. 44. Section 648.5, subsections 1 and 3, Code 2022, are
9amended to read as follows:
101. a. An action for forcible entry and detainer shall
11be brought in a county where all or part of the premises is
12located. Such an action shall be tried as an equitable action.
13Upon receipt of the petition, the court shall set a date, time,
14and place for hearing. The court shall set the date of hearing
15no later than eight days from the filing date, except that the
16court shall set a later hearing date no later than fifteen days
17from the date of filing if the plaintiff requests or consents
18to the later date of hearing.
19b. The requirement regarding the setting of the initial
20hearing in paragraph “a” is not a jurisdictional requirement and
21does not affect the court’s subject matter jurisdiction to hear
22the action for forcible entry and detainer.
233. Service of original notice by mail is deemed completed
24four days after the notice is deposited in the mail and
25postmarked for delivery, whether or not the recipient signs a
26receipt for the original notice. In computing the time for
27completion of service, the first day shall be excluded and the
28final day shall be included regardless of whether the fourth
29day is a Saturday, Sunday, or federal holiday.
30 Sec. 45. Section 648.18, Code 2022, is amended to read as
31follows:
32648.18 Possession — bar.
331. Thirty Except for actions governed by subsection 2,
34thirty days’ peaceable possession with the knowledge of the
35plaintiff after the cause of action accrues is a bar to this
-16-1proceeding.
22. For an action based upon the nonpayment of rent, ninety
3days’ peaceable possession with the knowledge of the plaintiff
4after the cause of action accrues is a bar to such action.
5DIVISION XI
6ABANDONED MOBILE HOMES
7 Sec. 46. Section 555B.3, Code 2022, is amended to read as
8follows:
9555B.3 Action for abandonment — jurisdiction.
10A real property owner not requesting notification by the
11sheriff as provided in section 555B.2 may bring an action
12alleging abandonment in the court within the county where the
13real property is located provided that there is no lien on
14the mobile home or personal property other than a tax lien
15pursuant to chapter 435. The action shall be tried as an
16equitable action. Unless commenced as a small claim, the
17petition shall be presented to a district judge. Upon receipt
18of the petition, either the court or the clerk of the district
19court shall set a date for a hearing not later than fourteen
20days from the date of the receipt of the petition, except where
21there is a lien on the mobile home or personal property other
22than a tax lien, the court or the clerk of the district court
23shall set a date for a hearing no sooner than twenty-five days
24from the date of the receipt of the petition so as to allow for
25service on the lienholder.
26 Sec. 47. Section 555B.4, Code 2022, is amended by adding the
27following new subsections:
28 NEW SUBSECTION. 4. If a lien other than a tax lien exists
29on the mobile home or personal property at the time an action
30for abandonment is initiated, the personal service pursuant
31to the Iowa rules of civil procedure shall be made upon the
32lienholder no less than twenty days before the hearing. The
33notice to the lienholder shall describe the mobile home and
34shall state the docket, case number, date, and time at which
35the hearing is scheduled, and the lienholder’s right to assert
-17-1a claim to the mobile home at the hearing. The notice shall
2state that failure to assert a claim to the mobile home within
3the judicial proceedings is deemed a waiver of all rights,
4title, claims, and interest in the mobile home and deemed to
5be consent to the sale or disposal of the mobile home. If
6personal service cannot be completed in time to give the
7lienholder the minimum notice required by this subsection, the
8court may set a new hearing date.
9 NEW SUBSECTION. 5. In the event a tenant who was sole owner
10of a mobile home dies during the term of the rental agreement
11resulting in the mobile home being abandoned, service shall be
12made in accordance with section 562B.10, subsection 7.
13 Sec. 48. Section 555B.8, subsections 2 and 3, Code 2022, are
14amended to read as follows:
152. If Except as otherwise ordered by the court, if the
16mobile home owner or other claimant asserts a claim to the
17property, the judgment shall be satisfied before the mobile
18home owner or other claimant may take possession of the mobile
19home or personal property.
203. If no claim is asserted to the mobile home or personal
21property or if the judgment is not satisfied at the time of
22entry, an order shall be entered allowing the real property
23owner to sell or otherwise dispose of the mobile home and
24personal property pursuant to section 555B.9. If Except as
25otherwise ordered by the court, if a claimant satisfies the
26judgment at the time of entry, the court shall enter an order
27permitting and directing the claimant to remove the mobile home
28or personal property from its location within a reasonable time
29to be fixed by the court. The court shall also determine the
30amount of further rent or storage charges to be paid by the
31claimant to the real property owner at the time of removal.
32 Sec. 49. Section 555B.9, subsections 1, 2, and 4, Code 2022,
33are amended to read as follows:
341. Pursuant to an order for disposal under section 555B.8,
35subsection 3, the real property owner shall dispose of the
-18-1mobile home and personal property by public or private sale in
2a commercially reasonable manner. If the personal property
3owner, lienholder, or other claimant has asserted a claim
4to the mobile home or personal property within the judicial
5proceedings, that person shall be notified of the sale by
6restricted certified mail not less than five days before the
7sale. The notice is deemed given upon the mailing. The real
8property owner may buy at any public sale, and if the mobile
9home or personal property is of a type customarily sold in
10a recognized market or is the subject of widely distributed
11standard price quotations, the real property owner may buy at a
12private sale.
132. A sale pursuant to subsection 1 transfers to the
14purchaser for value, all of the mobile home owner’s rights
15in the mobile home and personal property, and discharges the
16real property owner’s interest in the mobile home and personal
17property, and any tax lien, and any other lien. The purchaser
18takes free of all rights and interests even though the real
19property owner fails to comply with the requirements of this
20chapter or of any judicial proceedings, if the purchaser acts
21in good faith.
224. Notwithstanding subsections 1 through 3, the real
23property owner may propose to retain the mobile home and
24personal property in satisfaction of the judgment obtained
25pursuant to section 555B.8. Written notice of the proposal
26shall be sent to the mobile home owner, lienholder, or other
27claimant, if that person has asserted a claim to the mobile
28home or personal property in the judicial proceedings. If
29the real property owner receives objection in writing from
30the mobile home owner, lienholder, or other claimant within
31twenty-one days after the notice was sent, the real property
32owner shall dispose of the mobile home and personal property
33pursuant to subsection 1. If no written objection is received
34by the real property owner within twenty-one days after the
35notice was sent, the mobile home and personal property may be
-19-1retained. Retention of the mobile home and personal property
2discharges the judgment of the real property owner, and any tax
3lien, and any other lien.
4 Sec. 50. Section 555B.9, subsection 3, Code 2022, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. 0c. Third, to satisfy any other lien
7for which a claim was asserted pursuant to section 555B.4,
8subsection 4.
9 Sec. 51. Section 562B.10, subsection 7, Code 2022, is
10amended to read as follows:
117. a. If a tenant who was sole owner of a mobile home dies
12during the term of a rental agreement then that person’s heirs
13at law or legal the personal representative of the decedent’s
14estate, or the landlord shall have the right to cancel the
15tenant’s lease by giving sixty days’ written notice to the
16person’s heirs at law or legal the personal representative
17of the decedent’s estate, or to the landlord, whichever
18is appropriate, and the heirs at law or the legal personal
19 representative of the decedent’s estate, shall have the same
20rights, privileges and liabilities of the original tenant,
21provided that such heirs at law and personal representative
22of the estate shall not have the right to occupy or otherwise
23use the home or mobile home space as a tenant unless approved
24by the landlord as a tenant. In the event the landlord,
25after such a written notice is given and the tenant’s lease
26is canceled, brings an action for forcible entry and detainer
27or action for abandonment, the estate of the tenant and the
28person’s located heirs at law or personal representative shall
29be named as defendants in the action. The landlord may serve
30notice upon such defendants pursuant to the method set forth
31in section 562B.27A, subsection 1, paragraph “c”, or by mailing
32notice by both regular mail and certified mail, as defined in
33section 618.15, to the defendant’s last known address.
34b. (1) If a tenant who was sole owner of a mobile home dies
35during the term of a rental agreement resulting in the mobile
-20-1home being abandoned as provided in section 562B.27, subsection
21, and the landlord cannot, despite due diligence, locate such
3a tenant’s heirs at law or personal representative, then the
4landlord may bring an action for abandonment as provided in
5section 555B.3, naming as defendants the estate of the tenant
6and all unknown heirs at law of the tenant, and, upon the
7landlord’s filing of an affidavit that personal service cannot
8be had on any heirs at law, personal representative, or estate
9of the tenant, the court shall permit original notice of such
10action to be served by publication pursuant to subparagraph
11(2).
12(2) Publication of original notice shall be made once each
13week for three consecutive weeks in a newspaper of general
14circulation published in the county where the petition is
15filed, pursuant to the Iowa rules of civil procedure. Service
16is complete after the third consecutive weekly publication.
17(3) In the event any tax lien or other liens exist on
18the mobile home, the landlord may proceed with an action for
19abandonment as provided in section 555B.3, except that the
20notice shall be provided to the county treasurer as provided
21in section 555B.4, subsection 3, if a tax lien exists, and
22personal service pursuant to the Iowa rules of civil procedure
23shall be made upon any lienholder no less than twenty days
24before the hearing. Any notice to a lienholder shall state
25that failure to assert a claim to the mobile home is deemed a
26waiver of all rights, title, claims, and interest in the mobile
27home and is deemed consent to the sale or disposal of the
28mobile home. If personal service upon the lienholder cannot
29be completed in time to give the lienholder the minimum notice
30required by this subsection, the court may set a new hearing
31date.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to property law, including mobile homes
-21-1and manufactured housing, rental agreements, landlord and
2tenant remedies for retaliation, wrongful failure to provide
3essential services, rent increases, the sale of manufactured
4home community or mobile home park, the repeal of the
5manufactured home community and mobile home tax, forcible entry
6and detainer actions, and abandoned mobile homes.
7DIVISION I — RETALIATION. The bill provides that a landlord
8cannot retaliate against a tenant for exercising the rights and
9remedies under Code chapter 216 (civil rights commission). In
10an action by or against the tenant, evidence of a complaint
11within one year prior to the alleged act of retaliation creates
12a presumption that the landlord’s conduct was in retaliation.
13DIVISION II — RENTAL AGREEMENTS. The bill defines “rent”
14to include base rent, utilities, late fees, and other payments
15made by the tenant to the landlord under the rental agreement.
16Written notice to cancel a rental agreement by either party
17must be provided 90 days prior to cancellation. The landlord
18must provide written notice 90 days prior to a rent increase
19effective date. This division is effective upon enactment and
20applies to rent increase first noticed under Code chapter 562B
21(manufactured home communities or mobile home parks residential
22landlord and tenant law) occurring on or after the effective
23date of the division.
24DIVISION III — DISCLOSURE OF UTILITY CHARGES. The bill
25provides that tenants shall be notified of any increase
26in utility rates or charges in writing 60 days before the
27effective date of the increase, unless the landlord obtains the
28utility service from a utility provider and does not receive at
29least 90 days’ prior notice of such increase from the utility
30provider.
31DIVISION IV — WRONGFUL FAILURE TO PROVIDE ESSENTIAL
32SERVICES. The bill provides that if the landlord deliberately
33or negligently fails to supply running water or other essential
34services, the tenant may give written notice to the landlord
35specifying the breach and may do one of the following: (1)
-22-1procure reasonable amounts of water or other essential
2services, (2) recover damages based upon the diminution
3in the fair market value of the mobile home space, or (3)
4recover any rent already paid for the period of the landlord’s
5noncompliance unless the condition was caused by the deliberate
6or negligent act or omission of the tenant, a member of
7the tenant’s family, or other person on the premises with
8the consent of the tenant. This division is effective upon
9enactment.
10DIVISION V — DENIAL OF RENTAL OR REFUSAL OF SALE. Current
11law allows a landlord the right to approve the purchaser of
12a mobile home as a tenant when a current mobile home park
13resident sells the mobile home, so long as permission is not
14unreasonably withheld. The bill provides that if the landlord
15does not approve a purchaser as a tenant, the landlord shall
16provide the purchaser with written notice of such denial and
17the general reason for the denial.
18DIVISION VI — PROHIBITED RENTAL AGREEMENT PROVISION — HOME
19EQUIPMENT. The bill provides that a rental agreement shall
20not allow a landlord to modify the mobile home, manufactured
21home, or modular home in a way that would substantially
22impair the ability of the tenant to move the home from the
23mobile home space, unless such modification is required
24by federal law, by state or local law, the manufacturer’s
25installation instructions, any requirement arising from the
26landlord’s financing of the home or of the mobile home park or
27manufactured home community in which the home is located, or
28unless such modification is otherwise necessary for the safe
29and proper installation of the home.
30DIVISION VII — LANDLORD SALES. The bill provides that any
31sale of a mobile home located in a manufactured home community
32or mobile home park by a landlord or landlord’s agent shall be
33by written agreement and the landlord shall, upon the buyer’s
34fulfillment of all payment and other terms under the agreement,
35produce and assign the current certificate of title obtained
-23-1from the department of transportation. The agreement shall
2state the basic terms of sale. If a sale does not comply, the
3court may award monetary or equitable relief, including voiding
4the sale, and the buyer may recover damages incurred, amounts
5paid as a rental deposit in excess of two months’ rent, and
6reasonable attorney fees.
7DIVISION VIII — SALE OF MANUFACTURED HOME COMMUNITY
8OR MOBILE HOME PARK. The bill provides that in a sale of
9a manufactured home community or mobile home park, upon
10termination of the landlord’s interest in the manufactured
11home community or mobile home park, the landlord’s successor
12in interest shall have the same legal obligations, rights,
13and remedies of the landlord, including with respect to all
14rental agreements. This division applies to manufactured
15home community or mobile home park sales made on or after the
16effective date of the bill.
17DIVISION IX — MANUFACTURED AND MOBILE HOME TAX. Code
18chapter 435 imposes a square footage tax on mobile homes and
19manufactured homes placed in a mobile home park or manufactured
20home community. Division IX strikes the portions of Code
21chapter 435 imposing the square footage tax and provides
22instead that such homes are exempt from property tax. However,
23the bill does not modify the provisions of law governing
24the taxation of mobile homes and manufactured homes placed
25outside of manufactured home communities and mobile home parks,
26which are assessed and taxed in the same manner as other real
27property.
28Division IX also makes corresponding changes to several
29other provisions of law that relate to Code chapter 435.
30Division IX of the bill applies to taxes due and payable
31under Code chapter 435 in fiscal years beginning on or after
32July 1, 2022. Division IX of the bill does not affect the
33operation of, or prohibit the application of, prior provisions
34of Code chapter 435, or rules adopted to administer prior
35provisions of Code chapter 435, for taxes due and payable in
-24-1fiscal years beginning before July 1, 2022, and for duties,
2powers, protests, appeals, proceedings, actions, or remedies
3attributable to taxes due and payable under Code chapter 435 in
4fiscal years beginning before July 1, 2022.
5DIVISION X — FORCIBLE ENTRY AND DETAINER. The bill provides
6the setting of the initial hearing in a forcible entry and
7detainer action is not a jurisdictional requirement and does
8not affect the court’s subject matter jurisdiction to hear the
9action for forcible entry and detainer. In computing time for
10completion of service for a forcible detainer and entry action,
11the first day shall be excluded and the final day shall be
12included regardless of whether the fourth day is a Saturday,
13Sunday, or federal holiday.
14The bill provides that for an action based upon the
15nonpayment of rent, 90 days’ peaceable possession with the
16knowledge of the plaintiff after the cause of action accrues
17is a bar to such action.
18DIVISION XI — ABANDONED MOBILE HOMES. The bill provides
19that in an action for abandonment, except when there is a lien
20on the property other than a tax lien, the court shall set a
21hearing no sooner than 25 days of the date of receipt of the
22petition to allow service on the lienholder.
23The bill provides that if a lien other than a tax lien
24exists on the mobile home or personal property at the time
25an action for abandonment is initiated, the personal service
26shall be made upon the lienholder no less than 20 days before
27the hearing. The notice to the lienholder shall describe the
28mobile home and shall state the docket, case number, date, and
29time at which the hearing is scheduled, and the lienholder’s
30right to assert a claim to the mobile home at the hearing.
31The notice shall state that failure to assert a claim to the
32mobile home within the judicial proceedings is deemed a waiver
33of all rights, title, claims, and interest in the mobile home
34and deemed to be consent to the sale or disposal of the mobile
35home. If personal service cannot be completed in time to give
-25-1the lienholder the minimum notice, the court may set a new
2hearing date.
3The bill provides that in the event a tenant who was sole
4owner of a mobile home dies during the term of the rental
5agreement resulting in the mobile home being abandoned, then
6that person’s heirs or legal representative or the landlord
7shall have the right to cancel the tenant’s lease by giving
860 days’ written notice to the person’s heirs or legal
9representative or to the landlord, whichever is appropriate,
10and the heirs or the legal representative shall have the same
11rights, privileges and liabilities of the original tenant.
12The bill provides that if a claimant that asserts a claim
13to the property, the judgment shall be satisfied before
14the claimant may take possession of the property except as
15otherwise ordered by the court. Unless the court otherwise
16provides, if a claimant satisfies the judgment at the time of
17entry, the court shall enter an order allowing the claimant
18to remove the property from its location, and the court shall
19direct the amount of rent or storage charged.
20The bill provides that in a proceeding for disposal of
21property, if a lienholder or other claimant asserts a claim to
22the property within a judicial proceeding, that person shall
23be notified of the sale by restricted certified mail not less
24than five days before the sale. A sale made after the notice
25is provided shall discharge any lien. The real property owner
26may propose to retain the mobile home and personal property in
27satisfaction of the judgment by written notice of the proposal
28sent to the mobile home owner, lienholder, or other claimant,
29if that person has asserted a claim to the mobile home or
30personal property in the judicial proceedings. If the real
31property owner receives objection in writing from the mobile
32home owner, lienholder, or other claimant within 21 days after
33the notice was sent, the real property owner shall dispose of
34the mobile home and personal property. If no written objection
35is received by the real property owner, the mobile home and
-26-1personal property may be retained. Retention of the mobile
2home and personal property discharges the judgment of the real
3property owner, any tax lien, and any other lien.
4Current law provides that any proceeds in a proceeding for
5the disposal of a mobile home and personal property shall be
6distributed in the following order: (1) to satisfy the real
7property owner’s judgment, (2) to satisfy any tax lien, and (3)
8into a surplus which is held by the real property owner for
9six months to be reclaimed by the mobile home owner, and if
10the mobile home owner fails to claim the surplus, the surplus
11may be retained by the real property owner. The bill provides
12that after using proceeds to satisfy a tax lien, the proceeds
13must be used to satisfy any other lien, and then any remaining
14amounts are the surplus.
15The bill provides that if a tenant who was sole owner of a
16mobile home dies during the term of a rental agreement, then
17that person’s heirs at law or the personal representative
18of the decedent’s estate, or the landlord shall have the
19right to cancel the tenant’s lease by giving 60 days’
20written notice to the person’s heirs at law or the personal
21representative of the decedent’s estate, or to the landlord,
22whichever is appropriate, and the heirs at law or the personal
23representative of the decedent’s estate shall have the same
24rights, privileges, and liabilities of the original tenant,
25provided that such heirs at law or personal representative of
26the estate shall not have the right to occupy or otherwise
27use the home or mobile home space as a tenant unless approved
28by the landlord as a tenant. In the event the landlord,
29after such a written notice is given and the tenant’s lease
30is canceled, brings an action for forcible entry and detainer
31or action for abandonment, the estate of the tenant and the
32person’s located heirs at law or personal representative shall
33be named as defendants in the action. The landlord may serve
34notice upon such defendants pursuant to the method set forth in
35Code section 562B.27A or by mailing notice by both regular mail
-27-1and certified mail to the defendant’s last known address.
2The bill provides that if a tenant who was sole owner of
3a mobile home dies during the term of a rental agreement
4resulting in the mobile home being abandoned and the landlord
5cannot locate such a tenant’s heirs at law or personal
6representative, then the landlord may bring an action for
7abandonment naming as defendants the estate of the tenant
8and all unknown heirs at law of the tenant, and, upon the
9landlord’s filing of an affidavit that personal service cannot
10be had on any heirs at law, personal representative, or estate
11of the tenant, the court shall permit original notice of
12such action to be served by publication once each week for
13three consecutive weeks in a newspaper of general circulation
14published in the county where the petition is filed. Service
15is complete after the third consecutive weekly publication.
16The bill provides in the event any tax lien or other liens
17exist on the mobile home, the landlord may proceed with an
18action for abandonment with notice provided to the county
19treasurer if a tax lien exists, and personal service upon any
20lienholder no less than 20 days before the hearing. Any notice
21to a lienholder shall state that failure to assert a claim
22to the mobile home is deemed a waiver of all rights, title,
23claims, and interest in the mobile home and is deemed consent
24to the sale or disposal of the mobile home. If personal
25service upon the lienholder cannot be completed in time to give
26the lienholder the minimum notice required by the bill, the
27court may set a new hearing date.
-28-cm/jh
2manufactured housing, rental agreements, landlord and
3tenant remedies for retaliation, wrongful failure to provide
4essential services, rent increases, the sale of manufactured
5home community or mobile home park, the repeal of the
6manufactured home community and mobile home tax, forcible
7entry and detainer actions, abandoned mobile homes, and
8including effective date and applicability provisions.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2RETALIATION
3 Section 1. Section 562B.32, subsection 1, paragraph d, Code
42022, is amended to read as follows:
5d. For exercising any of the rights and remedies pursuant
6to this chapter or chapter 216.
7 Sec. 2. Section 562B.32, subsection 2, Code 2022, is amended
8to read as follows:
92. If the landlord acts in violation of subsection 1
10of this section, the tenant is entitled to the remedies
11provided in section 562B.24 and has a defense in an action for
12possession. In an action by or against the tenant, evidence
13of a complaint within six months one year prior to the alleged
14act of retaliation creates a presumption that the landlord’s
15conduct was in retaliation. The presumption does not arise
16if the tenant made the complaint after notice of termination
17of the rental agreement. For the purpose of this subsection,
18“presumption” means that the trier of fact must find the
19existence of the fact presumed unless and until evidence is
20introduced which would support a finding of its nonexistence.
21DIVISION II
22rentAL AGREEMENTS
23 Sec. 3. Section 562B.7, subsection 10, Code 2022, is amended
24to read as follows:
2510. “Rent” means a payment to be made to the landlord under
26the rental agreement, including base rent, utilities, late
27fees, and other payments made by the tenant to the landlord
28under the rental agreement.
29 Sec. 4. Section 562B.10, subsection 5, Code 2022, is amended
30to read as follows:
315. Rental agreements shall be for a term of one year unless
32otherwise specified in the rental agreement. Rental agreements
33shall be canceled by at least sixty ninety days’ written notice
34given by either party. A landlord shall not cancel a rental
35agreement solely for the purpose of making the tenant’s mobile
-1-1home space available for another mobile home.
2 Sec. 5. Section 562B.14, subsection 7, Code 2022, is amended
3to read as follows:
47. Each tenant shall be notified, in writing, of any rent
5increase at least sixty ninety days before the effective date.
6Such effective date shall not be sooner than the expiration
7date of the original rental agreement or any renewal or
8extension thereof.
9 Sec. 6. EFFECTIVE DATE. This division of this Act, being
10deemed of immediate importance, takes effect upon enactment.
11 Sec. 7. APPLICABILITY. This division of this Act applies to
12rent increases first noticed under chapter 562B occurring on or
13after the effective date of this division of this Act.
14DIVISION III
15DISCLOSURE OF UTILITY CHARGES
16 Sec. 8. Section 562B.14, subsection 6, Code 2022, is amended
17to read as follows:
186. a. The landlord or any person authorized to enter into
19a rental agreement on the landlord’s behalf shall provide a
20written explanation of utility rates, charges and services to
21the prospective tenant before the rental agreement is signed
22unless the utility charges are paid by the tenant directly to
23the utility company.
24b. Tenants shall be notified of any increase in utility
25rates or charges in the manner set forth in subsection 7, for
26rent increases, unless the landlord obtains the utility service
27from a utility provider and does not receive at least ninety
28days prior notice of such increase from the utility provider in
29which case no prior notice of the increase from the landlord to
30the tenant is required for the increase to be effective.
31DIVISION IV
32WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES
33 Sec. 9. NEW SECTION. 562B.23A Wrongful failure to supply
34running water or essential services.
351. If contrary to the rental agreement or section 562B.16
-2-1the landlord deliberately or negligently fails to supply
2running water or other essential services, the tenant may give
3written notice to the landlord specifying the breach and may
4do one of the following:
5a. Procure reasonable amounts of water or other essential
6services during the period of the landlord’s noncompliance and
7deduct the actual and reasonable cost from the rent.
8b. Recover damages based upon the diminution in the fair
9market value of the mobile home space.
10c. Recover any rent already paid for the period of the
11landlord’s noncompliance which shall be reimbursed on a pro
12rata basis.
132. If the tenant proceeds under this section, the tenant may
14not proceed under section 562B.22 as to that breach.
153. The rights under this section do not arise until the
16tenant has given notice to the landlord or if the condition was
17caused by the deliberate or negligent act or omission of the
18tenant, a member of the tenant’s family, or other person on the
19premises with the consent of the tenant.
20 Sec. 10. EFFECTIVE DATE. This division of this Act, being
21deemed of immediate importance, takes effect upon enactment.
22DIVISION V
23DENIAL OF RENTAL OR REFUSAL OF SALE
24 Sec. 11. Section 562B.19, subsection 3, paragraph c, Code
252022, is amended to read as follows:
26c. Deny any resident of a manufactured home community
27or mobile home park the right to sell that person’s mobile
28home at a price of the person’s own choosing, but may reserve
29the right to approve the purchaser of such mobile home as a
30tenant but such permission may not be unreasonably withheld,
31provided however, that the landlord may, in the event of a
32sale to a third party, in order to upgrade the quality of
33the manufactured home community or mobile home park, require
34that any mobile home in a rundown condition or in disrepair be
35removed from the manufactured home community or park within
-3-1sixty days. If the landlord does not approve the purchaser as
2a tenant, the landlord shall provide the purchaser with written
3notice of such denial and the general reason for the denial,
4but the landlord shall not be required to provide a specific
5reason for the denial.
6DIVISION VI
7PROHIBITED RENTAL AGREEMENT PROVISION — HOME EQUIPMENT
8 Sec. 12. Section 562B.11, subsection 1, Code 2022, is
9amended by adding the following new paragraph:
10 NEW PARAGRAPH. e. Agrees to modify the mobile home,
11manufactured home, or modular home in a way that would
12substantially impair the ability of the tenant to move the
13home from the mobile home space, unless such modification is
14required by federal law, including but not limited to the
15model manufactured home installation standards, 24 C.F.R. pt.
163285, the manufactured home construction and safety standards,
1724 C.F.R. pt.3280, or the manufactured home procedural and
18enforcement regulations, 24 C.F.R. pt.3282, or by state or
19local law, the manufacturer’s installation instructions, any
20requirement arising from the landlord’s financing of the home
21or of the mobile home park or manufactured home community in
22which the home is located, or unless such modification is
23otherwise necessary for the safe and proper installation of the
24home.
25DIVISION VII
26LANDLORD SALES
27 Sec. 13. NEW SECTION. 562B.17A Sale of mobile home by
28landlord.
291. Any sale of a mobile home located in a manufactured home
30community or mobile home park by a landlord or landlord’s agent
31shall be by written agreement and the landlord shall, upon the
32buyer’s fulfillment of all payment and other terms under the
33agreement, produce and assign the current certificate of title
34obtained from the department of transportation. The agreement
35shall state the basic terms of sale, including the total
-4-1cost of the mobile home, and, in the case of an installment
2contract, finance charges, annual percentage rate, and the
3frequency and amount of each installment payment.
42. If such sale does not comply with this section, the
5court may award monetary or equitable relief, including voiding
6the sale, and the buyer may recover damages incurred, amounts
7paid as a rental deposit in excess of two months’ rent, and
8reasonable attorney fees.
93. A claim under subsection 2 may be combined with an action
10under chapter 648.
11 Sec. 14. Section 648.19, subsection 1, Code 2022, is amended
12to read as follows:
131. An action under this chapter shall not be filed in
14connection with any other action, with the exception of a claim
15for rent or recovery as provided in section 555B.3, 562A.24,
16562A.32, 562B.17A, 562B.22, 562B.25, or 562B.27, nor shall it
17be made the subject of counterclaim.
18DIVISION VIII
19SALE OF MANUFACTURED HOME COMMUNITY OR MOBILE HOME PARK
20 Sec. 15. NEW SECTION. 562B.16A Sale of manufactured home
21community or mobile home park — notices.
22Upon termination of the landlord’s interest in the
23manufactured home community or mobile home park, the landlord’s
24successor in interest shall have the same legal obligations,
25rights, and remedies of the landlord, including with respect to
26all rental agreements.
27 Sec. 16. APPLICABILITY. This division of this Act applies
28to manufactured home community or mobile home park sale
29transactions made on or after the effective date of this
30division of this Act.
31DIVISION IX
32MANUFACTURED HOME AND MOBILE HOME TAX
33 Sec. 17. Section 29C.24, subsection 3, paragraph a,
34subparagraph (6), Code 2022, is amended to read as follows:
35(6) The assessment of property taxes by the department
-5-1of revenue under sections 428.24 through 428.26, 428.28, and
2428.29, or chapters 433, 434, 435, and 437 through 438, or by
3a local assessor under another provision of law, on property
4brought into the state to aid in the performance of disaster
5or emergency-related work during a disaster response period if
6such property does not remain in the state after the conclusion
7of the disaster response period.
8 Sec. 18. Section 321.24, subsection 1, Code 2022, is amended
9to read as follows:
101. Upon receipt of the application for title and payment of
11the required fees for a motor vehicle, trailer, or semitrailer,
12the county treasurer or the department shall, when satisfied
13as to the application’s genuineness and regularity, and, in
14the case of a mobile home or manufactured home, that taxes
15are not owing under chapter 423 or 435, issue a certificate
16of title and, except for a mobile home or manufactured home,
17a registration receipt, and shall file the application, the
18manufacturer’s or importer’s certificate, the certificate of
19title, or other evidence of ownership, as prescribed by the
20department. The registration receipt shall be delivered to the
21owner and shall contain upon its face the date issued, the name
22and address of the owner, the registration number assigned to
23the vehicle, the amount of the fee paid, the type of fuel used,
24a description of the vehicle as determined by the department,
25and a form for notice of transfer of the vehicle. The name
26and address of any lessee of the vehicle shall not be printed
27on the registration receipt or certificate of title. Up to
28three owners may be listed on the registration receipt and
29certificate of title.
30 Sec. 19. Section 321.30, subsection 1, paragraph j, Code
312022, is amended by striking the paragraph.
32 Sec. 20. Section 321.46, subsection 2, Code 2022, is amended
33to read as follows:
342. Upon filing the application for a new registration and
35a new title, the applicant shall pay a title fee of twenty
-6-1dollars, an annual registration fee prorated for the remaining
2unexpired months of the registration year, and a fee for new
3registration if applicable. A manufacturer applying for a
4certificate of title pursuant to section 322G.12 shall pay a
5title fee of ten dollars. However, a title fee shall not be
6charged to a manufactured or mobile home retailer applying for
7a certificate of title for a used mobile home or manufactured
8home, titled in Iowa, as required under section 321.45,
9subsection 4. The county treasurer, if satisfied of the
10genuineness and regularity of the application, and in the case
11of a mobile home or manufactured home, that taxes are not owing
12under chapter 435, and that the applicant has complied with all
13the requirements of this chapter, shall issue a new certificate
14of title and, except for a mobile home, manufactured home,
15or a vehicle returned to and accepted by a manufacturer as
16described in section 322G.12, a registration card to the
17purchaser or transferee, shall cancel the prior registration
18for the vehicle, and shall forward the necessary copies to the
19department on the date of issuance, as prescribed in section
20321.24. Mobile homes or manufactured homes titled under
21chapter 448 that have been subject under section 446.18 to a
22public bidder sale in a county shall be titled in the county’s
23name, with no fee, and the county treasurer shall issue the
24title.
25 Sec. 21. Section 321.101, subsection 2, Code 2022, is
26amended to read as follows:
272. The department shall cancel a certificate of title that
28appears to have been improperly issued or fraudulently obtained
29or, in the case of a mobile home or manufactured home, if taxes
30were owing under chapter 435 at the time the certificate was
31issued and have not been paid. However, before the certificate
32to a mobile home or manufactured home for which taxes were
33owing can be canceled, notice and opportunity to pay the taxes
34must be given to the person to whom the certificate was issued.
35Upon cancellation of a certificate of title, the department
-7-1shall notify the county treasurer who issued it, who shall
2enter the cancellation upon the records. The department shall
3also notify the person to whom the certificate of title was
4issued, as well as each lienholder who has a perfected lien,
5of the cancellation and shall demand the surrender of the
6certificate of title, but the cancellation shall not affect the
7validity of any perfected lien.
8 Sec. 22. Section 321.123, subsection 2, paragraph b, Code
92022, is amended to read as follows:
10b. A travel trailer may be stored under section 321.134,
11provided the travel trailer is not used for human habitation
12for any period during storage and is not moved upon the
13highways of the state. A travel trailer stored under section
14321.134 is not subject to a manufactured or mobile home tax
15assessed under chapter 435.
16 Sec. 23. Section 331.429, subsection 1, paragraphs a and b,
17Code 2022, are amended to read as follows:
18a. Transfers from the general fund not to exceed in any year
19the dollar equivalent of a tax of sixteen and seven-eighths
20cents per thousand dollars of assessed value on all taxable
21property in the county multiplied by the ratio of current
22taxes actually collected and apportioned for the general basic
23levy to the total general basic levy for the current year,
24and an amount equivalent to the moneys derived by the general
25fund from military service tax credits under chapter 426A,
26manufactured or mobile home taxes under section 435.22, and
27delinquent taxes for prior years collected and apportioned to
28the general basic fund in the current year, multiplied by the
29ratio of sixteen and seven-eighths cents to three dollars and
30fifty cents. The limit on transfers in this paragraph applies
31only to property tax revenue and is not a limit on transfers of
32revenue generated from sources other than property taxes.
33b. Transfers from the rural services fund not to exceed
34in any year the dollar equivalent of a tax of three dollars
35and three-eighths cents per thousand dollars of assessed value
-8-1on all taxable property not located within the corporate
2limits of a city in the county multiplied by the ratio of
3current taxes actually collected and apportioned for the rural
4services basic levy to the total rural services basic levy
5for the current year and an amount equivalent to the moneys
6derived by the rural services fund from military service tax
7credits under chapter 426A, manufactured or mobile home taxes
8under section 435.22, and delinquent taxes for prior years
9collected and apportioned to the rural services basic fund in
10the current year, multiplied by the ratio of three dollars and
11three-eighths cents to three dollars and ninety-five cents.
12The limit on transfers in this paragraph applies only to
13property tax revenue and is not a limit on transfers of revenue
14generated from sources other than property taxes.
15 Sec. 24. Section 331.559, subsection 1, Code 2022, is
16amended by striking the subsection.
17 Sec. 25. Section 331.653, subsection 17, Code 2022, is
18amended by striking the subsection.
19 Sec. 26. Section 335.30A, subsection 2, Code 2022, is
20amended to read as follows:
212. “Land-leased community” means any site, lot, field,
22or tract of land under common ownership upon which ten or
23more occupied manufactured homes are harbored, either free of
24charge or for revenue purposes, and shall include any building,
25structure, or enclosure used or intended for use as part of the
26equipment of the land-leased community. The term “land-leased
27community” shall not be construed to include homes, buildings,
28or other structures temporarily maintained by any individual,
29educational institution, or company on their own premises and
30used exclusively to house their own labor or students. A
31manufactured home located in a land-leased community shall be
32taxed under section 435.22 as if the manufactured home were
33located in a mobile home park.
34 Sec. 27. Section 414.28A, subsection 3, Code 2022, is
35amended by striking the subsection.
-9-1 Sec. 28. Section 427A.1, subsection 1, paragraph c, Code
22022, is amended to read as follows:
3c. Buildings, structures, or improvements, any of which are
4constructed on or in the land, attached to the land, or placed
5upon a foundation whether or not attached to the foundation.
6However, property taxed under chapter 435, property that is a
7concrete batch plant as that term is defined in subsection 4,
8and to the extent provided in subsection 7, property that is
9transmission property shall not be assessed and taxed as real
10property.
11 Sec. 29. Section 435.2, Code 2022, is amended to read as
12follows:
13435.2 Placement and taxation.
141. If a mobile home is placed outside a mobile home park
15or manufactured home community, the home is to be assessed and
16taxed as real estate. If and while a mobile home is placed
17inside a mobile home park or manufactured home community, the
18home, as well as any and all garages, accessory buildings, and
19appurtenances to the home, are exempt from property tax.
202. If a manufactured home is placed in a manufactured home
21community or a mobile home park, the home must be titled, and
22is subject to the manufactured or mobile home square foot tax
23 the home, as well as any and all garages, accessory buildings,
24and appurtenances to the home, are exempt from property tax.
25If a manufactured home is placed outside a manufactured home
26community or a mobile home park, the home must be titled and is
27to be assessed and taxed as real estate.
283. For the purposes of this chapter, a modular home shall
29not be construed to be a mobile home or manufactured home. If
30a modular home is placed inside or outside a manufactured home
31community or a mobile home park, the home shall be considered
32real property and is to be assessed and taxed as real estate.
33However, if If a modular home is placed in a manufactured home
34community or mobile home park which was in existence on or
35before January 1, 1998, that modular home, as well as any and
-10-1all garages, accessory buildings, and appurtenances to the
2home, shall be subject to property tax pursuant to section
3435.22 exempt from property tax. This subsection shall not
4prohibit the location of a modular home within a manufactured
5home community or mobile home park.
6 Sec. 30. Section 435.23, Code 2022, is amended to read as
7follows:
8435.23 Exemptions — prorating tax.
91. The manufacturer’s and retailer’s inventory of mobile
10homes, manufactured homes, or modular homes not in use as a
11place of human habitation shall be exempt from the annual
12 property tax and any personal property tax. All travel
13trailers, fifth-wheel travel trailers, and towable recreational
14vehicles shall be exempt from this tax. The homes, travel
15trailers, fifth-wheel travel trailers, and towable recreational
16vehicles in the inventory of manufacturers and retailers shall
17be exempt from personal property tax.
182. The homes coming into Iowa from out of state and located
19in a manufactured home community or mobile home park shall
20be liable for the tax computed pro rata to the nearest whole
21month, for the time the home is actually situated in Iowa.
22 Sec. 31. Section 435.24, Code 2022, is amended by striking
23the section and inserting in lieu thereof the following:
24435.24 Location of homes and reporting.
251. Upon issuance of a certificate of title or upon
26transporting the home to a new site or to a location outside
27of a manufactured home community or mobile home park, the home
28owner shall file the address, township, and school district
29of the location where the home is parked with the county
30assessor’s office. Failure to comply is punishable as set out
31in section 435.18.
322. Each manufactured home community or mobile home park
33owner or manager shall notify monthly the county assessor
34concerning any home arriving in or departing from the
35manufactured home community or mobile home park. The records
-11-1of the community or park owner shall be open to inspection by a
2duly authorized representative of any law enforcement agency.
3The manufactured home community or mobile home park owner or
4manager shall make an annual report to the county assessor due
5June 1 of the homes sited in the manufactured home community or
6mobile home park, listing the owner and mailing address of each
7home located in the manufactured home community or mobile home
8park. The report is delinquent if not filed with the county
9assessor by June 30.
10 Sec. 32. Section 435.26A, subsection 3, Code 2022, is
11amended to read as follows:
123. After the surrender of a manufactured home’s certificate
13of title under this section, the manufactured home shall
14continue to be taxed under section 435.22 and is not eligible
15for the homestead tax credit or the military service tax
16exemption. A foreclosure action on a manufactured home
17whose title has been surrendered under this section shall be
18conducted as a real estate foreclosure. A tax lien and its
19priority shall remain the same on a manufactured home after its
20certificate of title has been surrendered.
21 Sec. 33. Section 435.27, subsections 1 and 3, Code 2022, are
22amended to read as follows:
231. A mobile home or manufactured home converted to real
24estate under section 435.26 may be reconverted to a home as
25provided in this section when it is moved to a manufactured
26home community or mobile home park or a manufactured or mobile
27home retailer’s inventory. When the home is located within
28a manufactured home community or mobile home park, the home,
29as well as any and all garages, accessory buildings, and
30appurtenances to the home, shall be taxed pursuant to section
31435.22, subsection 1, paragraph “a” exempt from property tax as
32provided in this chapter.
333. After compliance with subsection 2 and receipt of the
34title, the owner shall notify the assessor of the reconversion.
35The assessor shall remove the assessed valuation of the home
-12-1from assessment rolls as of the succeeding January 1 when the
2home becomes subject to taxation as provided under section
3435.24, as well as any and all garages, accessory buildings,
4and appurtenances to the home, become exempt from property tax
5as provided in this chapter.
6 Sec. 34. Section 435.33, Code 2022, is amended to read as
7follows:
8435.33 Rent reimbursement.
9A home owner who qualifies for a reduced tax rate provided
10in section 435.22 the exemption under this chapter and who
11rents a space upon which to set the home shall be entitled to
12the protections provided in sections 425.33 through 425.36
13and if the home owner who qualifies for a reduced tax rate
14 the exemption believes that a landlord has increased the home
15owner’s rent because the home owner is eligible for a reduced
16tax rate the exemption, the provisions of sections 425.33 and
17425.36 shall be applicable.
18 Sec. 35. Section 445.1, subsection 8, Code 2022, is amended
19to read as follows:
208. “Taxes” means an annual ad valorem tax, a special
21assessment, a drainage tax, and a rate or charge, and taxes
22on homes pursuant to chapter 435 which are collectible by the
23county treasurer.
24 Sec. 36. Section 445.5, subsection 6, Code 2022, is amended
25to read as follows:
266. The county treasurer shall deliver to the taxpayer a
27receipt stating the year of tax, date of payment, a description
28of the parcel, and the amount of taxes, interest, fees, and
29costs paid when payment is made by cash tender. A receipt
30for other payment tender types shall only be delivered upon
31request. The receipt shall be in full for the first half,
32second half, or full year amounts unless a payment is made
33under section 445.36A or 435.24, subsection 6.
34 Sec. 37. Section 445.57, subsection 1, Code 2022, is amended
35to read as follows:
-13- 11. On or before the tenth day of each month, the county
2treasurer shall apportion all taxes collected during the
3preceding month, except partial payment amounts collected
4pursuant to section 445.36A, subsection 1, partial payments
5collected and not yet designated by the county treasurer
6for apportionment pursuant to section 445.36A, subsection
72, partial payments collected pursuant to section 435.24,
8subsection 6, paragraph “a”, and partial payments collected and
9not yet designated by the county treasurer for apportionment
10pursuant to section 435.24, subsection 6, paragraph “b”, among
11the several funds to which they belong according to the amount
12levied for each fund, and shall apportion the interest, fees,
13and costs on the taxes to the general fund, and shall enter
14those amounts upon the treasurer’s cash account, and report the
15amounts to the county auditor.
16 Sec. 38. Section 555B.2, subsection 1, Code 2022, is amended
17to read as follows:
181. A real property owner may remove or cause to be removed
19a mobile home and other personal property which is unlawfully
20parked, placed, or abandoned on that real property, and may
21cause the mobile home and personal property to be placed in
22storage until the owner of the personal property pays a fair
23and reasonable charge for removal, storage, or other expense
24incurred, including reasonable attorney fees, or until a
25judgment of abandonment is entered pursuant to section 555B.8
26provided that there is no lien on the mobile home or personal
27property other than a tax lien pursuant to chapter 435. For
28purposes of this chapter, a lien other than a tax lien exists
29only if the real property owner receives notice of a lien
30on the standardized registration form completed by a tenant
31pursuant to section 562B.27, subsection 3, or a lien has been
32filed in state or county records on a date before the mobile
33home is considered to be abandoned. The real property owner
34or the real property owner’s agent is not liable for damages
35caused to the mobile home and personal property by the removal
-14-1or storage unless the damage is caused willfully or by gross
2negligence.
3 Sec. 39. Section 555C.1, subsection 5, paragraph b, Code
42022, is amended to read as follows:
5b. A lien of record, other than a tax lien as provided in
6chapter 435, does not exist against the home. A lien exists
7only if the real property owner receives notice of a lien on
8the standardized registration form completed by an owner or
9occupant pursuant to chapter 562B, or a lien has been filed
10in the state or county records on a date before the home is
11considered to be valueless.
12 Sec. 40. Section 555C.3, Code 2022, is amended to read as
13follows:
14555C.3 New title — third party.
15If a new title to a valueless home is to be issued to a
16third party, the county treasurer shall issue a new title, upon
17receipt of the affidavit required in section 555C.2 and payment
18of a fee pursuant to section 321.47. Any tax lien levied
19pursuant to chapter 435 is canceled and the The ownership
20interest of the previous owner or occupant of the valueless
21home is terminated as of the date of issuance of the new title.
22The new title owner shall take the title free of all rights and
23interests even though the manufactured home community or mobile
24home park owner fails to comply with the requirements of this
25chapter or any judicial proceedings, if the new title owner
26acts in good faith.
27 Sec. 41. REPEAL. Sections 435.22, 435.25, and 435.29, Code
282022, are repealed.
29 Sec. 42. SAVINGS PROVISION. This division of this Act,
30pursuant to section 4.13, does not affect the operation of,
31or prohibit the application of, prior provisions of chapter
32435, or rules adopted under chapter 17A to administer prior
33provisions of chapter 435, for taxes due and payable under
34chapter 435 in fiscal years beginning before July 1, 2022, and
35for duties, powers, protests, appeals, proceedings, actions, or
-15-1remedies attributable to taxes due and payable under chapter
2435 in fiscal years beginning before July 1, 2022.
3 Sec. 43. APPLICABILITY. This division of this Act applies
4to taxes due and payable under chapter 435 in fiscal years
5beginning on or after July 1, 2022.
6DIVISION X
7FORCIBLE ENTRY AND DETAINER
8 Sec. 44. Section 648.5, subsections 1 and 3, Code 2022, are
9amended to read as follows:
101. a. An action for forcible entry and detainer shall
11be brought in a county where all or part of the premises is
12located. Such an action shall be tried as an equitable action.
13Upon receipt of the petition, the court shall set a date, time,
14and place for hearing. The court shall set the date of hearing
15no later than eight days from the filing date, except that the
16court shall set a later hearing date no later than fifteen days
17from the date of filing if the plaintiff requests or consents
18to the later date of hearing.
19b. The requirement regarding the setting of the initial
20hearing in paragraph “a” is not a jurisdictional requirement and
21does not affect the court’s subject matter jurisdiction to hear
22the action for forcible entry and detainer.
233. Service of original notice by mail is deemed completed
24four days after the notice is deposited in the mail and
25postmarked for delivery, whether or not the recipient signs a
26receipt for the original notice. In computing the time for
27completion of service, the first day shall be excluded and the
28final day shall be included regardless of whether the fourth
29day is a Saturday, Sunday, or federal holiday.
30 Sec. 45. Section 648.18, Code 2022, is amended to read as
31follows:
32648.18 Possession — bar.
331. Thirty Except for actions governed by subsection 2,
34thirty days’ peaceable possession with the knowledge of the
35plaintiff after the cause of action accrues is a bar to this
-16-1proceeding.
22. For an action based upon the nonpayment of rent, ninety
3days’ peaceable possession with the knowledge of the plaintiff
4after the cause of action accrues is a bar to such action.
5DIVISION XI
6ABANDONED MOBILE HOMES
7 Sec. 46. Section 555B.3, Code 2022, is amended to read as
8follows:
9555B.3 Action for abandonment — jurisdiction.
10A real property owner not requesting notification by the
11sheriff as provided in section 555B.2 may bring an action
12alleging abandonment in the court within the county where the
13real property is located provided that there is no lien on
14the mobile home or personal property other than a tax lien
15pursuant to chapter 435. The action shall be tried as an
16equitable action. Unless commenced as a small claim, the
17petition shall be presented to a district judge. Upon receipt
18of the petition, either the court or the clerk of the district
19court shall set a date for a hearing not later than fourteen
20days from the date of the receipt of the petition, except where
21there is a lien on the mobile home or personal property other
22than a tax lien, the court or the clerk of the district court
23shall set a date for a hearing no sooner than twenty-five days
24from the date of the receipt of the petition so as to allow for
25service on the lienholder.
26 Sec. 47. Section 555B.4, Code 2022, is amended by adding the
27following new subsections:
28 NEW SUBSECTION. 4. If a lien other than a tax lien exists
29on the mobile home or personal property at the time an action
30for abandonment is initiated, the personal service pursuant
31to the Iowa rules of civil procedure shall be made upon the
32lienholder no less than twenty days before the hearing. The
33notice to the lienholder shall describe the mobile home and
34shall state the docket, case number, date, and time at which
35the hearing is scheduled, and the lienholder’s right to assert
-17-1a claim to the mobile home at the hearing. The notice shall
2state that failure to assert a claim to the mobile home within
3the judicial proceedings is deemed a waiver of all rights,
4title, claims, and interest in the mobile home and deemed to
5be consent to the sale or disposal of the mobile home. If
6personal service cannot be completed in time to give the
7lienholder the minimum notice required by this subsection, the
8court may set a new hearing date.
9 NEW SUBSECTION. 5. In the event a tenant who was sole owner
10of a mobile home dies during the term of the rental agreement
11resulting in the mobile home being abandoned, service shall be
12made in accordance with section 562B.10, subsection 7.
13 Sec. 48. Section 555B.8, subsections 2 and 3, Code 2022, are
14amended to read as follows:
152. If Except as otherwise ordered by the court, if the
16mobile home owner or other claimant asserts a claim to the
17property, the judgment shall be satisfied before the mobile
18home owner or other claimant may take possession of the mobile
19home or personal property.
203. If no claim is asserted to the mobile home or personal
21property or if the judgment is not satisfied at the time of
22entry, an order shall be entered allowing the real property
23owner to sell or otherwise dispose of the mobile home and
24personal property pursuant to section 555B.9. If Except as
25otherwise ordered by the court, if a claimant satisfies the
26judgment at the time of entry, the court shall enter an order
27permitting and directing the claimant to remove the mobile home
28or personal property from its location within a reasonable time
29to be fixed by the court. The court shall also determine the
30amount of further rent or storage charges to be paid by the
31claimant to the real property owner at the time of removal.
32 Sec. 49. Section 555B.9, subsections 1, 2, and 4, Code 2022,
33are amended to read as follows:
341. Pursuant to an order for disposal under section 555B.8,
35subsection 3, the real property owner shall dispose of the
-18-1mobile home and personal property by public or private sale in
2a commercially reasonable manner. If the personal property
3owner, lienholder, or other claimant has asserted a claim
4to the mobile home or personal property within the judicial
5proceedings, that person shall be notified of the sale by
6restricted certified mail not less than five days before the
7sale. The notice is deemed given upon the mailing. The real
8property owner may buy at any public sale, and if the mobile
9home or personal property is of a type customarily sold in
10a recognized market or is the subject of widely distributed
11standard price quotations, the real property owner may buy at a
12private sale.
132. A sale pursuant to subsection 1 transfers to the
14purchaser for value, all of the mobile home owner’s rights
15in the mobile home and personal property, and discharges the
16real property owner’s interest in the mobile home and personal
17property, and any tax lien, and any other lien. The purchaser
18takes free of all rights and interests even though the real
19property owner fails to comply with the requirements of this
20chapter or of any judicial proceedings, if the purchaser acts
21in good faith.
224. Notwithstanding subsections 1 through 3, the real
23property owner may propose to retain the mobile home and
24personal property in satisfaction of the judgment obtained
25pursuant to section 555B.8. Written notice of the proposal
26shall be sent to the mobile home owner, lienholder, or other
27claimant, if that person has asserted a claim to the mobile
28home or personal property in the judicial proceedings. If
29the real property owner receives objection in writing from
30the mobile home owner, lienholder, or other claimant within
31twenty-one days after the notice was sent, the real property
32owner shall dispose of the mobile home and personal property
33pursuant to subsection 1. If no written objection is received
34by the real property owner within twenty-one days after the
35notice was sent, the mobile home and personal property may be
-19-1retained. Retention of the mobile home and personal property
2discharges the judgment of the real property owner, and any tax
3lien, and any other lien.
4 Sec. 50. Section 555B.9, subsection 3, Code 2022, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. 0c. Third, to satisfy any other lien
7for which a claim was asserted pursuant to section 555B.4,
8subsection 4.
9 Sec. 51. Section 562B.10, subsection 7, Code 2022, is
10amended to read as follows:
117. a. If a tenant who was sole owner of a mobile home dies
12during the term of a rental agreement then that person’s heirs
13at law or legal the personal representative of the decedent’s
14estate, or the landlord shall have the right to cancel the
15tenant’s lease by giving sixty days’ written notice to the
16person’s heirs at law or legal the personal representative
17of the decedent’s estate, or to the landlord, whichever
18is appropriate, and the heirs at law or the legal personal
19 representative of the decedent’s estate, shall have the same
20rights, privileges and liabilities of the original tenant,
21provided that such heirs at law and personal representative
22of the estate shall not have the right to occupy or otherwise
23use the home or mobile home space as a tenant unless approved
24by the landlord as a tenant. In the event the landlord,
25after such a written notice is given and the tenant’s lease
26is canceled, brings an action for forcible entry and detainer
27or action for abandonment, the estate of the tenant and the
28person’s located heirs at law or personal representative shall
29be named as defendants in the action. The landlord may serve
30notice upon such defendants pursuant to the method set forth
31in section 562B.27A, subsection 1, paragraph “c”, or by mailing
32notice by both regular mail and certified mail, as defined in
33section 618.15, to the defendant’s last known address.
34b. (1) If a tenant who was sole owner of a mobile home dies
35during the term of a rental agreement resulting in the mobile
-20-1home being abandoned as provided in section 562B.27, subsection
21, and the landlord cannot, despite due diligence, locate such
3a tenant’s heirs at law or personal representative, then the
4landlord may bring an action for abandonment as provided in
5section 555B.3, naming as defendants the estate of the tenant
6and all unknown heirs at law of the tenant, and, upon the
7landlord’s filing of an affidavit that personal service cannot
8be had on any heirs at law, personal representative, or estate
9of the tenant, the court shall permit original notice of such
10action to be served by publication pursuant to subparagraph
11(2).
12(2) Publication of original notice shall be made once each
13week for three consecutive weeks in a newspaper of general
14circulation published in the county where the petition is
15filed, pursuant to the Iowa rules of civil procedure. Service
16is complete after the third consecutive weekly publication.
17(3) In the event any tax lien or other liens exist on
18the mobile home, the landlord may proceed with an action for
19abandonment as provided in section 555B.3, except that the
20notice shall be provided to the county treasurer as provided
21in section 555B.4, subsection 3, if a tax lien exists, and
22personal service pursuant to the Iowa rules of civil procedure
23shall be made upon any lienholder no less than twenty days
24before the hearing. Any notice to a lienholder shall state
25that failure to assert a claim to the mobile home is deemed a
26waiver of all rights, title, claims, and interest in the mobile
27home and is deemed consent to the sale or disposal of the
28mobile home. If personal service upon the lienholder cannot
29be completed in time to give the lienholder the minimum notice
30required by this subsection, the court may set a new hearing
31date.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to property law, including mobile homes
-21-1and manufactured housing, rental agreements, landlord and
2tenant remedies for retaliation, wrongful failure to provide
3essential services, rent increases, the sale of manufactured
4home community or mobile home park, the repeal of the
5manufactured home community and mobile home tax, forcible entry
6and detainer actions, and abandoned mobile homes.
7DIVISION I — RETALIATION. The bill provides that a landlord
8cannot retaliate against a tenant for exercising the rights and
9remedies under Code chapter 216 (civil rights commission). In
10an action by or against the tenant, evidence of a complaint
11within one year prior to the alleged act of retaliation creates
12a presumption that the landlord’s conduct was in retaliation.
13DIVISION II — RENTAL AGREEMENTS. The bill defines “rent”
14to include base rent, utilities, late fees, and other payments
15made by the tenant to the landlord under the rental agreement.
16Written notice to cancel a rental agreement by either party
17must be provided 90 days prior to cancellation. The landlord
18must provide written notice 90 days prior to a rent increase
19effective date. This division is effective upon enactment and
20applies to rent increase first noticed under Code chapter 562B
21(manufactured home communities or mobile home parks residential
22landlord and tenant law) occurring on or after the effective
23date of the division.
24DIVISION III — DISCLOSURE OF UTILITY CHARGES. The bill
25provides that tenants shall be notified of any increase
26in utility rates or charges in writing 60 days before the
27effective date of the increase, unless the landlord obtains the
28utility service from a utility provider and does not receive at
29least 90 days’ prior notice of such increase from the utility
30provider.
31DIVISION IV — WRONGFUL FAILURE TO PROVIDE ESSENTIAL
32SERVICES. The bill provides that if the landlord deliberately
33or negligently fails to supply running water or other essential
34services, the tenant may give written notice to the landlord
35specifying the breach and may do one of the following: (1)
-22-1procure reasonable amounts of water or other essential
2services, (2) recover damages based upon the diminution
3in the fair market value of the mobile home space, or (3)
4recover any rent already paid for the period of the landlord’s
5noncompliance unless the condition was caused by the deliberate
6or negligent act or omission of the tenant, a member of
7the tenant’s family, or other person on the premises with
8the consent of the tenant. This division is effective upon
9enactment.
10DIVISION V — DENIAL OF RENTAL OR REFUSAL OF SALE. Current
11law allows a landlord the right to approve the purchaser of
12a mobile home as a tenant when a current mobile home park
13resident sells the mobile home, so long as permission is not
14unreasonably withheld. The bill provides that if the landlord
15does not approve a purchaser as a tenant, the landlord shall
16provide the purchaser with written notice of such denial and
17the general reason for the denial.
18DIVISION VI — PROHIBITED RENTAL AGREEMENT PROVISION — HOME
19EQUIPMENT. The bill provides that a rental agreement shall
20not allow a landlord to modify the mobile home, manufactured
21home, or modular home in a way that would substantially
22impair the ability of the tenant to move the home from the
23mobile home space, unless such modification is required
24by federal law, by state or local law, the manufacturer’s
25installation instructions, any requirement arising from the
26landlord’s financing of the home or of the mobile home park or
27manufactured home community in which the home is located, or
28unless such modification is otherwise necessary for the safe
29and proper installation of the home.
30DIVISION VII — LANDLORD SALES. The bill provides that any
31sale of a mobile home located in a manufactured home community
32or mobile home park by a landlord or landlord’s agent shall be
33by written agreement and the landlord shall, upon the buyer’s
34fulfillment of all payment and other terms under the agreement,
35produce and assign the current certificate of title obtained
-23-1from the department of transportation. The agreement shall
2state the basic terms of sale. If a sale does not comply, the
3court may award monetary or equitable relief, including voiding
4the sale, and the buyer may recover damages incurred, amounts
5paid as a rental deposit in excess of two months’ rent, and
6reasonable attorney fees.
7DIVISION VIII — SALE OF MANUFACTURED HOME COMMUNITY
8OR MOBILE HOME PARK. The bill provides that in a sale of
9a manufactured home community or mobile home park, upon
10termination of the landlord’s interest in the manufactured
11home community or mobile home park, the landlord’s successor
12in interest shall have the same legal obligations, rights,
13and remedies of the landlord, including with respect to all
14rental agreements. This division applies to manufactured
15home community or mobile home park sales made on or after the
16effective date of the bill.
17DIVISION IX — MANUFACTURED AND MOBILE HOME TAX. Code
18chapter 435 imposes a square footage tax on mobile homes and
19manufactured homes placed in a mobile home park or manufactured
20home community. Division IX strikes the portions of Code
21chapter 435 imposing the square footage tax and provides
22instead that such homes are exempt from property tax. However,
23the bill does not modify the provisions of law governing
24the taxation of mobile homes and manufactured homes placed
25outside of manufactured home communities and mobile home parks,
26which are assessed and taxed in the same manner as other real
27property.
28Division IX also makes corresponding changes to several
29other provisions of law that relate to Code chapter 435.
30Division IX of the bill applies to taxes due and payable
31under Code chapter 435 in fiscal years beginning on or after
32July 1, 2022. Division IX of the bill does not affect the
33operation of, or prohibit the application of, prior provisions
34of Code chapter 435, or rules adopted to administer prior
35provisions of Code chapter 435, for taxes due and payable in
-24-1fiscal years beginning before July 1, 2022, and for duties,
2powers, protests, appeals, proceedings, actions, or remedies
3attributable to taxes due and payable under Code chapter 435 in
4fiscal years beginning before July 1, 2022.
5DIVISION X — FORCIBLE ENTRY AND DETAINER. The bill provides
6the setting of the initial hearing in a forcible entry and
7detainer action is not a jurisdictional requirement and does
8not affect the court’s subject matter jurisdiction to hear the
9action for forcible entry and detainer. In computing time for
10completion of service for a forcible detainer and entry action,
11the first day shall be excluded and the final day shall be
12included regardless of whether the fourth day is a Saturday,
13Sunday, or federal holiday.
14The bill provides that for an action based upon the
15nonpayment of rent, 90 days’ peaceable possession with the
16knowledge of the plaintiff after the cause of action accrues
17is a bar to such action.
18DIVISION XI — ABANDONED MOBILE HOMES. The bill provides
19that in an action for abandonment, except when there is a lien
20on the property other than a tax lien, the court shall set a
21hearing no sooner than 25 days of the date of receipt of the
22petition to allow service on the lienholder.
23The bill provides that if a lien other than a tax lien
24exists on the mobile home or personal property at the time
25an action for abandonment is initiated, the personal service
26shall be made upon the lienholder no less than 20 days before
27the hearing. The notice to the lienholder shall describe the
28mobile home and shall state the docket, case number, date, and
29time at which the hearing is scheduled, and the lienholder’s
30right to assert a claim to the mobile home at the hearing.
31The notice shall state that failure to assert a claim to the
32mobile home within the judicial proceedings is deemed a waiver
33of all rights, title, claims, and interest in the mobile home
34and deemed to be consent to the sale or disposal of the mobile
35home. If personal service cannot be completed in time to give
-25-1the lienholder the minimum notice, the court may set a new
2hearing date.
3The bill provides that in the event a tenant who was sole
4owner of a mobile home dies during the term of the rental
5agreement resulting in the mobile home being abandoned, then
6that person’s heirs or legal representative or the landlord
7shall have the right to cancel the tenant’s lease by giving
860 days’ written notice to the person’s heirs or legal
9representative or to the landlord, whichever is appropriate,
10and the heirs or the legal representative shall have the same
11rights, privileges and liabilities of the original tenant.
12The bill provides that if a claimant that asserts a claim
13to the property, the judgment shall be satisfied before
14the claimant may take possession of the property except as
15otherwise ordered by the court. Unless the court otherwise
16provides, if a claimant satisfies the judgment at the time of
17entry, the court shall enter an order allowing the claimant
18to remove the property from its location, and the court shall
19direct the amount of rent or storage charged.
20The bill provides that in a proceeding for disposal of
21property, if a lienholder or other claimant asserts a claim to
22the property within a judicial proceeding, that person shall
23be notified of the sale by restricted certified mail not less
24than five days before the sale. A sale made after the notice
25is provided shall discharge any lien. The real property owner
26may propose to retain the mobile home and personal property in
27satisfaction of the judgment by written notice of the proposal
28sent to the mobile home owner, lienholder, or other claimant,
29if that person has asserted a claim to the mobile home or
30personal property in the judicial proceedings. If the real
31property owner receives objection in writing from the mobile
32home owner, lienholder, or other claimant within 21 days after
33the notice was sent, the real property owner shall dispose of
34the mobile home and personal property. If no written objection
35is received by the real property owner, the mobile home and
-26-1personal property may be retained. Retention of the mobile
2home and personal property discharges the judgment of the real
3property owner, any tax lien, and any other lien.
4Current law provides that any proceeds in a proceeding for
5the disposal of a mobile home and personal property shall be
6distributed in the following order: (1) to satisfy the real
7property owner’s judgment, (2) to satisfy any tax lien, and (3)
8into a surplus which is held by the real property owner for
9six months to be reclaimed by the mobile home owner, and if
10the mobile home owner fails to claim the surplus, the surplus
11may be retained by the real property owner. The bill provides
12that after using proceeds to satisfy a tax lien, the proceeds
13must be used to satisfy any other lien, and then any remaining
14amounts are the surplus.
15The bill provides that if a tenant who was sole owner of a
16mobile home dies during the term of a rental agreement, then
17that person’s heirs at law or the personal representative
18of the decedent’s estate, or the landlord shall have the
19right to cancel the tenant’s lease by giving 60 days’
20written notice to the person’s heirs at law or the personal
21representative of the decedent’s estate, or to the landlord,
22whichever is appropriate, and the heirs at law or the personal
23representative of the decedent’s estate shall have the same
24rights, privileges, and liabilities of the original tenant,
25provided that such heirs at law or personal representative of
26the estate shall not have the right to occupy or otherwise
27use the home or mobile home space as a tenant unless approved
28by the landlord as a tenant. In the event the landlord,
29after such a written notice is given and the tenant’s lease
30is canceled, brings an action for forcible entry and detainer
31or action for abandonment, the estate of the tenant and the
32person’s located heirs at law or personal representative shall
33be named as defendants in the action. The landlord may serve
34notice upon such defendants pursuant to the method set forth in
35Code section 562B.27A or by mailing notice by both regular mail
-27-1and certified mail to the defendant’s last known address.
2The bill provides that if a tenant who was sole owner of
3a mobile home dies during the term of a rental agreement
4resulting in the mobile home being abandoned and the landlord
5cannot locate such a tenant’s heirs at law or personal
6representative, then the landlord may bring an action for
7abandonment naming as defendants the estate of the tenant
8and all unknown heirs at law of the tenant, and, upon the
9landlord’s filing of an affidavit that personal service cannot
10be had on any heirs at law, personal representative, or estate
11of the tenant, the court shall permit original notice of
12such action to be served by publication once each week for
13three consecutive weeks in a newspaper of general circulation
14published in the county where the petition is filed. Service
15is complete after the third consecutive weekly publication.
16The bill provides in the event any tax lien or other liens
17exist on the mobile home, the landlord may proceed with an
18action for abandonment with notice provided to the county
19treasurer if a tax lien exists, and personal service upon any
20lienholder no less than 20 days before the hearing. Any notice
21to a lienholder shall state that failure to assert a claim
22to the mobile home is deemed a waiver of all rights, title,
23claims, and interest in the mobile home and is deemed consent
24to the sale or disposal of the mobile home. If personal
25service upon the lienholder cannot be completed in time to give
26the lienholder the minimum notice required by the bill, the
27court may set a new hearing date.
-28-cm/jh