Bill Text: IA HF493 | 2015-2016 | 86th General Assembly | Enrolled
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)
Spectrum: 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)
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A BILL FOR
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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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