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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

House File 493 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 153)

                                      A BILL FOR

  1 An Act relating to the right of residents, owners, tenants,
  2    and landlords to summon emergency assistance and preempting
  3    related local ordinances, rules, and regulations.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1178HV (1) 86
    jh/sc

PAG LIN



  1  1    Section 1.  Section 331.304, Code 2015, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  12.  A county shall not adopt or enforce any
  1  4 ordinance or regulation in violation of chapter 562C.
  1  5    Sec. 2.  Section 364.3, Code 2015, is amended by adding the
  1  6 following new subsection:
  1  7    NEW SUBSECTION.  11.  A city shall not adopt or enforce any
  1  8 ordinance or regulation in violation of chapter 562C.
  1  9    Sec. 3.  NEW SECTION.  562C.1  Title == purpose.
  1 10    1.  This chapter shall be known and may be cited as the
  1 11 "Right to Assistance Act".
  1 12    2.  The purpose of this chapter is to ensure that an owner,
  1 13 lessee, or lessor of property in need of law enforcement
  1 14 assistance or other emergency assistance in the state of Iowa
  1 15 is not penalized for those authorities being contacted, and to
  1 16 provide a remedy for violations of this chapter.
  1 17    Sec. 4.  NEW SECTION.  562C.2  Definitions.
  1 18    For purposes of this chapter, unless the context otherwise
  1 19 requires:
  1 20    1.  "Commercial landlord" means a person who is the owner,
  1 21 lessor, or sublessor of a property on which a tenant operates
  1 22 or intends to operate a business.
  1 23    2.  "Commercial tenant" means a person who leases a property
  1 24 for the purpose of operating a business on the property.
  1 25    3.  "Landlord" means a commercial landlord or a residential
  1 26 landlord.
  1 27    4.  "Owner" means one or more persons, jointly or severally,
  1 28 in whom is vested either of the following:
  1 29    a.  All or part of the legal title to property.
  1 30    b.  All or part of the beneficial ownership and a right
  1 31 to present use and enjoyment of the property, and the term
  1 32 includes a mortgagee in possession.
  1 33    5.  "Rental agreement" means the same as defined in section
  1 34 562A.6 or 562B.7, or an oral or written agreement embodying the
  1 35 terms and conditions concerning the use and occupancy of real
  2  1 estate used for commercial purposes, whichever is applicable.
  2  2    6.  "Resident" means a residential tenant, a member of such
  2  3 tenant's family, and any other person residing at the premises
  2  4 with the consent of the residential tenant.
  2  5    7.  "Residential landlord" means the same as "landlord" in
  2  6 section 562A.6 or 562B.7, whichever is applicable.
  2  7    8.  "Residential tenant" means the same as "tenant" in
  2  8 section 562A.6 or 562B.7, whichever is applicable.
  2  9    9.  "Tenant" means a commercial tenant or residential tenant.
  2 10    Sec. 5.  NEW SECTION.  562C.3  Uniform application.
  2 11    To provide for the uniform application of the provisions of
  2 12 this chapter, it is intended that the sole regulation of the
  2 13 right of a resident, owner, tenant, or landlord to summon law
  2 14 enforcement assistance or other emergency assistance shall be
  2 15 under the provisions of this chapter, and a city, county, or
  2 16 other governmental entity within this state shall not adopt
  2 17 or make any local ordinance, rule, or regulation relating to
  2 18 the right of a resident, owner, tenant, or landlord to summon
  2 19 law enforcement assistance or other emergency assistance. All
  2 20 such local ordinances, rules, or regulations shall be void,
  2 21 unenforceable, and of no force or effect as of July 1, 2015.
  2 22    Sec. 6.  NEW SECTION.  562C.4  Prohibition of local penalties
  2 23 for emergency assistance contact.
  2 24    1.  An ordinance, rule, or regulation of a city, county, or
  2 25 other governmental entity shall not authorize imposition of a
  2 26 penalty against a resident, owner, tenant, or landlord for a
  2 27 contact made for law enforcement assistance or other emergency
  2 28 assistance by or on behalf of a victim of abuse, a victim of
  2 29 a crime, or an individual in an emergency, if either of the
  2 30 following is established:
  2 31    a.  The person making the contact had a reasonable belief
  2 32 that the emergency assistance was necessary to prevent the
  2 33 perpetration or escalation of the abuse, crime, or emergency.
  2 34    b.  In the event of abuse, crime, or other emergency, the
  2 35 emergency assistance was actually needed.
  3  1    2.  Penalties prohibited by subsection 1 include the
  3  2 following:
  3  3    a.  The actual or threatened revocation, suspension, or
  3  4 nonrenewal of a rental certificate, license, or permit.
  3  5    b.  The actual or threatened assessment of penalties, fines,
  3  6 or fees.
  3  7    c.  The actual or threatened eviction, or causing the actual
  3  8 or threatened eviction, from the leased premises.
  3  9    3.  This section does not prohibit a city, county, or other
  3 10 governmental entity from enforcing any ordinance, rule, or
  3 11 regulation premised upon grounds other than a contact made for
  3 12 law enforcement assistance or other emergency assistance by
  3 13 or on behalf of a victim of abuse, a victim of a crime, or an
  3 14 individual in an emergency.
  3 15    Sec. 7.  NEW SECTION.  562C.5  Prohibition of landlord
  3 16 penalties == waiver of rights.
  3 17    1.  A landlord may not prohibit or limit a resident's or
  3 18 tenant's rights to summon law enforcement assistance or other
  3 19 emergency assistance by or on behalf of a victim of abuse, a
  3 20 victim of a crime, or an individual in an emergency or may not
  3 21 impose monetary or other penalties on a resident or tenant who
  3 22 exercises that right.
  3 23    2.  Any waiver of the provisions of this section is contrary
  3 24 to public policy and is void, unenforceable, and of no force
  3 25 or effect.
  3 26    3.  This section shall not be construed to prohibit a
  3 27 landlord from recovering from a resident or tenant an amount
  3 28 equal to the costs incurred to repair property damage if
  3 29 the damage is caused by law enforcement or other emergency
  3 30 personnel summoned by the resident or tenant.
  3 31    4.  This section does not prohibit a landlord from
  3 32 terminating, evicting, or refusing to renew a tenancy or rental
  3 33 agreement when such action is premised upon grounds other
  3 34 than a contact made for law enforcement assistance or other
  3 35 emergency assistance by or on behalf of a victim of abuse, a
  4  1 victim of a crime, or an individual in an emergency.
  4  2    Sec. 8.  NEW SECTION.  562C.6  Remedies.
  4  3    1.  In addition to other remedies provided by law, if
  4  4 a city, county, or other governmental entity violates the
  4  5 provisions of this chapter, a resident, owner, tenant, or
  4  6 landlord is entitled to recover from the city, county, or other
  4  7 governmental entity any of the following:
  4  8    a.  An order requiring the city, county, or other
  4  9 governmental entity to cease and desist the unlawful practice.
  4 10    b.  Other equitable relief, including reinstatement of a
  4 11 rental certificate, license, or permit, as the court may deem
  4 12 appropriate.
  4 13    c.  Actual damages.
  4 14    d.  Reasonable attorney fees the resident, owner, tenant, or
  4 15 landlord incurs in seeking enforcement of this chapter.
  4 16    e.  Court costs.
  4 17    2.  In addition to other remedies provided by law, if an
  4 18 owner or landlord violates the provisions of this chapter, a
  4 19 resident or tenant is entitled to recover from the owner or
  4 20 landlord any of the following:
  4 21    a.  A civil penalty in an amount equal to one month's rent.
  4 22    b.  Actual damages.
  4 23    c.  Reasonable attorney fees the tenant or resident incurs in
  4 24 seeking enforcement of this chapter.
  4 25    d.  Court costs.
  4 26    e.  Injunctive relief.
  4 27                           EXPLANATION
  4 28 The inclusion of this explanation does not constitute agreement with
  4 29 the explanation's substance by the members of the general assembly.
  4 30    This bill enacts new Code chapter 562C to prohibit a
  4 31 city, county, or other governmental entity from penalizing a
  4 32 resident, owner, tenant, or landlord for a contact made for
  4 33 law enforcement assistance or other emergency assistance by
  4 34 or on behalf of a victim of abuse, a victim of a crime, or an
  4 35 individual in an emergency if the person who made the contact
  5  1 reasonably believed that emergency assistance was necessary to
  5  2 prevent the perpetration or escalation of the abuse, crime,
  5  3 or emergency, or if the intervention or emergency assistance
  5  4 was actually needed. The bill prohibits cities, counties,
  5  5 and other governmental entities from adopting any ordinances,
  5  6 rules, or regulations that relate to the right of a resident,
  5  7 owner, tenant, or landlord to summon law enforcement assistance
  5  8 or other emergency assistance, and provides that such
  5  9 ordinances, rules, or regulations are void, unenforceable, and
  5 10 of no force or effect as of July 1, 2015. If a city, county, or
  5 11 other governmental entity violates new Code chapter 562C, in
  5 12 addition to other remedies provided by law, a resident, owner,
  5 13 tenant, or landlord is entitled to recover a cease and desist
  5 14 order, other equitable relief, actual damages, attorney fees,
  5 15 or court costs.
  5 16    The bill also prohibits an owner or landlord from
  5 17 restricting a resident's or tenant's right to summon law
  5 18 enforcement assistance or other emergency assistance by
  5 19 or on behalf of a victim of abuse, a victim of a crime, or
  5 20 an individual in an emergency, or impose monetary or other
  5 21 penalties on a person who exercises that right. If a tenant or
  5 22 resident waives this right, such waiver is void, unenforceable,
  5 23 and of no force or effect. If an owner or landlord violates
  5 24 new Code chapter 562C, in addition to other remedies provided
  5 25 by law, a resident or tenant is entitled to recover a civil
  5 26 penalty in an amount equal to one month's rent, actual damages,
  5 27 attorney fees, court costs, or injunctive relief.
       LSB 1178HV (1) 86
       jh/sc