Bill Text: IA HF2323 | 2011-2012 | 84th General Assembly | Enrolled
Bill Title: A bill for an act relating to city utilities and city enterprises by making changes to requirements related to residential rental property. Effective 7-1-12.
Spectrum: Committee Bill
Status: (Passed) 2012-04-12 - Signed by Governor. H.J. 810. [HF2323 Detail]
Download: Iowa-2011-HF2323-Enrolled.html
House
File
2323
AN
ACT
RELATING
TO
CITY
UTILITIES
AND
CITY
ENTERPRISES
BY
MAKING
CHANGES
TO
REQUIREMENTS
RELATED
TO
RESIDENTIAL
RENTAL
PROPERTY.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
384.84,
subsection
3,
paragraph
c,
Code
Supplement
2011,
is
amended
to
read
as
follows:
c.
A
city
utility
or
enterprise
service
to
a
property
or
premises
shall
not
be
discontinued
unless
prior
written
notice
is
sent,
by
ordinary
mail,
to
the
account
holder
in
whose
name
the
delinquent
rates
or
charges
were
incurred,
informing
the
account
holder
of
the
nature
of
the
delinquency
and
affording
the
account
holder
the
opportunity
for
a
hearing
prior
to
discontinuance
of
service.
If
the
account
holder
is
a
tenant,
and
if
the
owner
or
landlord
of
the
property
or
premises
has
made
a
written
request
for
notice,
the
notice
shall
also
be
given
to
the
owner
or
landlord.
If
the
account
holder
is
a
tenant
and
requests
a
change
of
name
for
service
under
the
account,
such
request
shall
be
sent
to
the
owner
or
landlord
of
the
property
if
the
owner
or
landlord
has
made
a
written
request
for
notice
of
any
change
of
name
for
service
under
the
account
to
the
rental
property.
Sec.
2.
Section
384.84,
subsection
4,
paragraph
d,
Code
Supplement
2011,
is
amended
to
read
as
follows:
d.
Residential
rental
property
where
a
charge
for
water
service
is
separately
metered
and
paid
directly
to
the
city
utility
or
enterprise
by
the
tenant
is
exempt
from
a
lien
for
delinquent
rates
or
charges
associated
with
such
water
service
if
the
landlord
gives
written
notice
to
the
city
utility
or
enterprise
that
the
property
is
residential
rental
property
House
File
2323,
p.
2
and
that
the
tenant
is
liable
for
the
rates
or
charges.
A
city
utility
or
enterprise
may
require
a
deposit
not
exceeding
the
usual
cost
of
ninety
days
of
water
service
to
be
paid
to
the
utility
or
enterprise.
Upon
receipt,
the
utility
or
enterprise
shall
acknowledge
the
notice
and
deposit.
A
written
notice
shall
contain
the
name
of
the
tenant
responsible
for
charges,
address
of
the
residential
rental
property
that
the
tenant
is
to
occupy,
and
the
date
that
the
occupancy
begins.
A
change
in
tenant
shall
require
a
new
written
notice
to
be
given
to
the
city
utility
or
enterprise
within
thirty
business
days
of
the
change
in
tenant.
When
the
tenant
moves
from
the
rental
property,
the
city
utility
or
enterprise
shall
return
the
deposit
if
the
water
service
charges
are
paid
in
full.
A
change
in
the
ownership
of
the
residential
rental
property
shall
require
written
notice
of
such
change
to
be
given
to
the
city
utility
or
enterprise
within
ten
thirty
business
days
of
the
completion
of
the
change
of
ownership.
The
lien
exemption
for
rental
property
does
not
apply
to
charges
for
repairs
to
a
water
service
if
the
repair
charges
become
delinquent.
Sec.
3.
Section
384.84,
subsection
4,
Code
Supplement
2011,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
e.
Residential
rental
property
where
a
charge
for
any
of
the
services
of
sewer
systems,
storm
water
drainage
systems,
sewage
treatment,
solid
waste
collection,
and
solid
waste
disposal
is
paid
directly
to
the
city
utility
or
enterprise
by
the
tenant
is
exempt
from
a
lien
for
delinquent
rates
or
charges
associated
with
such
services
if
the
landlord
gives
written
notice
to
the
city
utility
or
enterprise
that
the
property
is
residential
rental
property
and
that
the
tenant
is
liable
for
the
rates
or
charges.
A
city
utility
or
enterprise
may
require
a
deposit
not
exceeding
the
usual
cost
of
ninety
days
of
the
services
of
sewer
systems,
storm
water
drainage
systems,
sewage
treatment,
solid
waste
collection,
and
solid
waste
disposal
to
be
paid
to
the
utility
or
enterprise.
Upon
receipt,
the
utility
or
enterprise
shall
acknowledge
the
notice
and
deposit.
A
written
notice
shall
contain
the
name
of
the
tenant
responsible
for
the
charges,
the
address
of
the
residential
rental
property
that
the
tenant
is
to
occupy,
and
the
date
that
the
occupancy
begins.
A
change
in
tenant
shall
require
a
new
written
notice
to
be
given
to
the
city
utility
or
enterprise
within
thirty
business
days
of
the
change
in
tenant.
When
the
tenant
moves
from
the
rental
property,
the
city
utility
or
enterprise
shall
return
the
deposit
if
the
House
File
2323,
p.
3
charges
for
the
services
of
sewer
systems,
storm
water
drainage
systems,
sewage
treatment,
solid
waste
collection,
and
solid
waste
disposal
are
paid
in
full.
A
change
in
the
ownership
of
the
residential
rental
property
shall
require
written
notice
of
such
change
to
be
given
to
the
city
utility
or
enterprise
within
thirty
business
days
of
the
completion
of
the
change
of
ownership.
The
lien
exemption
for
rental
property
does
not
apply
to
charges
for
repairs
related
to
a
service
of
sewer
systems,
storm
water
drainage
systems,
sewage
treatment,
solid
waste
collection,
and
solid
waste
disposal
if
the
repair
charges
become
delinquent.
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2323,
Eighty-fourth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Chief
Clerk
of
the
House
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor