Bill Text: IA HF493 | 2015-2016 | 86th General Assembly | Enrolled

Iowa House Bill 493 (Prior Session Legislation)

Bill Title: A bill for an act relating to the right of residents, owners, tenants, and landlords to summon emergency assistance and preempting related local ordinances, rules, and regulations. (Formerly HSB 153)

Sponsorship: Committee Bill

Status: (Enrolled - Dead) 2016-05-04 - Sent to Governor. H.J. 999. [HF493 Detail]

Download: Iowa-2015-HF493-Enrolled.html
House File 493 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO HSB 153)
 \5
                                   A BILL FOR
 \1
                                         House File 493

                             AN ACT
 RELATING TO THE RIGHT OF RESIDENTS, OWNERS, TENANTS, AND
    LANDLORDS TO SUMMON EMERGENCY ASSISTANCE AND PREEMPTING
    RELATED LOCAL ORDINANCES, RULES, AND REGULATIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 331.304, Code 2016, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  11.  A county shall not adopt or enforce
 any ordinance or regulation in violation of section 562A.27B
 or 562B.25B.
    Sec. 2.  Section 364.3, Code 2016, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  11.  A city shall not adopt or enforce any
 ordinance or regulation in violation of section 562A.27B or
 562B.25B.
    Sec. 3.  NEW SECTION.  562A.27B  Right to summon emergency
 assistance  ==== waiver of rights.
    1.  a.  A landlord shall not prohibit or limit a resident's
 or tenant's rights to summon law enforcement assistance or
  other emergency assistance by or on behalf of a victim of
 abuse, a victim of a crime, or an individual in an emergency.
    b.  A landlord shall not impose monetary or other penalties
 on a resident or tenant who exercises the resident's or
 tenant's right to summon law enforcement assistance or other
 emergency assistance.
    c.  Penalties prohibited by this subsection include all of
 the following:
    (1)  The actual or threatened assessment of penalties,
 fines, or fees.
    (2)  The actual or threatened eviction, or causing the actual
 or threatened eviction, from the premises.
    d.  Any waiver of the provisions of this subsection is
 contrary to public policy and is void, unenforceable, and of
 no force or effect.
    e.  This subsection shall not be construed to prohibit a
 landlord from recovering from a resident or tenant an amount
 equal to the costs incurred to repair property damage if
 the damage is caused by law enforcement or other emergency
 personnel summoned by the resident or tenant.
    f.  This section does not prohibit a landlord from
 terminating, evicting, or refusing to renew a tenancy or rental
 agreement when such action is premised upon grounds other than
 the resident's or tenant's exercise of the right to summon
 law enforcement assistance or other emergency assistance by
 or on behalf of a victim of abuse, a victim of a crime, or an
 individual in an emergency.
    2.  a.  An ordinance, rule, or regulation of a city, county,
 or other governmental entity shall not authorize imposition
 of a penalty against a resident, owner, tenant, or landlord
 because the resident, owner, tenant, or landlord was a victim
 of abuse or crime.
    b.  An ordinance, rule, or regulation of a city, county, or
 other governmental entity shall not authorize imposition of a
 penalty against a resident, owner, tenant, or landlord because
 the resident, owner, tenant, or landlord sought law enforcement
 assistance or other emergency assistance for a victim of abuse,
 a victim of a crime, or an individual in an emergency, if
 either of the following is established:
    (1)  The resident, owner, tenant, or landlord seeking
 assistance had a reasonable belief that the emergency
 assistance was necessary to prevent the perpetration or
 escalation of the abuse, crime, or emergency.
    (2)  In the event of abuse, crime, or other emergency, the
 emergency assistance was actually needed.
    c.  Penalties prohibited by this subsection include all of
 the following:
    (1)  The actual or threatened assessment of penalties,
 fines, or fees.
    (2)  The actual or threatened eviction, or causing the actual
 or threatened eviction, from the premises.
    (3)  The actual or threatened revocation, suspension, or
 nonrenewal of a rental certificate, license, or permit.
    d.  This subsection does not prohibit a city, county, or
 other governmental entity from enforcing any ordinance, rule,
 or regulation premised upon grounds other than a request for
 law enforcement assistance or other emergency assistance by
 a resident, owner, tenant, or landlord, or the fact that the
 resident, owner, tenant, or landlord was a victim of crime or
 abuse.
    e.  This subsection does not prohibit a city, county, or
 other governmental entity from collecting penalties, fines,
 or fees for services provided which are necessitated by the
 cleanup of hazardous materials, the cleanup of vandalism, or
 a response to a false alarm call, which are incurred by the
 provision of emergency medical services, or which reflect other
 costs incurred by the city, county, or other governmental
 entity unrelated to responding to a call for law enforcement
 assistance or other emergency assistance.
    3.  In addition to other remedies provided by law, if an
 owner or landlord violates the provisions of this section, a
 resident or tenant is entitled to recover from the owner or
 landlord any of the following:
    a.  A civil penalty in an amount equal to one month's rent.
    b.  Actual damages.
    c.  Reasonable attorney fees the tenant or resident incurs in
 seeking enforcement of this section.
    d.  Court costs.
    e.  Injunctive relief.
    4.  In addition to other remedies provided by law, if
 a city, county, or other governmental entity violates the
 provisions of this section, a resident, owner, tenant, or
 landlord is entitled to recover from the city, county, or other
 governmental entity any of the following:
    a.  An order requiring the city, county, or other
 governmental entity to cease and desist the unlawful practice.
    b.  Other equitable relief, including reinstatement of a
 rental certificate, license, or permit, as the court may deem
 appropriate.
    c.  Actual damages.
    d.  In a case brought by a resident or tenant, the reasonable
 attorney fees the resident or tenant incurs in seeking
 enforcement of this section.
    e.  Court costs.
    5.  For purposes of this section, "resident" means a member
 of a tenant's family and any other person occupying the
 dwelling unit with the consent of the tenant.
    Sec. 4.  NEW SECTION.  562B.25B  Right to summon emergency
 assistance ==== waiver of rights.
    1.  a.  A landlord shall not prohibit or limit a resident's
 or tenant's rights to summon law enforcement assistance or
 other emergency assistance by or on behalf of a victim of
 abuse, a victim of a crime, or an individual in an emergency.
    b.  A landlord shall not impose monetary or other penalties
 on a resident or tenant who exercises the resident's or
 tenant's right to summon law enforcement assistance or other
 emergency assistance.
    c.  Penalties prohibited by this subsection include all of
 the following:
    (1)  The actual or threatened assessment of penalties,
 fines, or fees.
    (2)  The actual or threatened eviction, or causing the actual
 or threatened eviction, from the premises.
    d.  Any waiver of the provisions of this subsection is
 contrary to public policy and is void, unenforceable, and of
 no force or effect.
    e.  This subsection shall not be construed to prohibit a
 landlord from recovering from a resident or tenant an amount
 equal to the costs incurred to repair property damage if
 the damage is caused by law enforcement or other emergency
 personnel summoned by the resident or tenant.
    f.  This section does not prohibit a landlord from
 terminating, evicting, or refusing to renew a tenancy or rental
 agreement when such action is premised upon grounds other than
 the resident's or tenant's exercise of the right to summon
 law enforcement assistance or other emergency assistance by
 or on behalf of a victim of abuse, a victim of a crime, or an
 individual in an emergency.
    2.  a.  An ordinance, rule, or regulation of a city, county,
 or other governmental entity shall not authorize imposition
 of a penalty against a resident, owner, tenant, or landlord
 because the resident, owner, tenant, or landlord was a victim
 of abuse or crime.
    b.  An ordinance, rule, or regulation of a city, county, or
 other governmental entity shall not authorize imposition of a
 penalty against a resident, owner, tenant, or landlord because
 the resident, owner, tenant, or landlord sought law enforcement
 assistance or other emergency assistance for a victim of abuse,
 a victim of a crime, or an individual in an emergency, if
 either of the following is established:
    (1)  The resident, owner, tenant, or landlord seeking
 assistance had a reasonable belief that the emergency
 assistance was necessary to prevent the perpetration or
 escalation of the abuse, crime, or emergency.
    (2)  In the event of abuse, crime, or other emergency, the
 emergency assistance was actually needed.
    c.  Penalties prohibited by this subsection include all of
 the following:
    (1)  The actual or threatened assessment of penalties,
 fines, or fees.
    (2)  The actual or threatened eviction, or causing the actual
 or threatened eviction, from the premises.
    (3)  The actual or threatened revocation, suspension, or
 nonrenewal of a rental certificate, license, or permit.
    d.  This subsection does not prohibit a city, county, or
 other governmental entity from enforcing any ordinance, rule,
 or regulation premised upon grounds other than a request for
 law enforcement assistance or other emergency assistance by
 a resident, owner, tenant, or landlord, or the fact that the
 resident, owner, tenant, or landlord was a victim of crime or
 abuse.
    e.  This subsection does not prohibit a city, county, or
 other governmental entity from collecting penalties, fines,
 or fees for services provided which are necessitated by the
 cleanup of hazardous materials, the cleanup of vandalism, or
 a response to a false alarm call, which are incurred by the
 provision of emergency medical services, or which reflect other
 costs incurred by the city, county, or other governmental
 entity unrelated to responding to a call for law enforcement
 assistance or other emergency assistance.
    3.  In addition to other remedies provided by law, if an
 owner or landlord violates the provisions of this section, a
 resident or tenant is entitled to recover from the owner or
 landlord any of the following:
    a.  A civil penalty in an amount equal to one month's rent.
    b.  Actual damages.
    c.  Reasonable attorney fees the tenant or resident incurs in
 seeking enforcement of this section.
    d.  Court costs.
    e.  Injunctive relief.
    4.  In addition to other remedies provided by law, if
 a city, county, or other governmental entity violates the
 provisions of this section, a resident, owner, tenant, or
 landlord is entitled to recover from the city, county, or other
 governmental entity any of the following:
    a.  An order requiring the city, county, or other
 governmental entity to cease and desist the unlawful practice.
    b.  Other equitable relief, including reinstatement of a
 rental certificate, license, or permit, as the court may deem
 appropriate.
    c.  Actual damages.
    d.  In a case brought by a resident or tenant, the reasonable
 attorney fees the resident or tenant incurs in seeking
 enforcement of this section.
    e.  Court costs.
    5.  For purposes of this section, "resident" means a member
 of a tenant's family and any other person occupying the
 dwelling unit with the consent of the tenant.


                                                             
                               LINDA UPMEYER
                               Speaker of the House


                                                             
                               PAM JOCHUM
                               President of the Senate
    I hereby certify that this bill originated in the House and
 is known as House File 493, Eighty=sixth General Assembly.


                                                             
                               CARMINE BOAL
                               Chief Clerk of the House
 Approved                , 2016


                                                             
                               TERRY E. BRANSTAD
                               Governor

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