Bill Text: IA HF499 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act requiring registration for certain landlords.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2015-03-04 - Introduced, referred to State Government. H.J. 464. [HF499 Detail]
Download: Iowa-2015-HF499-Introduced.html
House File 499 - Introduced HOUSE FILE BY BEARINGER and BERRY A BILL FOR 1 An Act requiring registration for certain landlords. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2366YH (5) 86 jh/sc PAG LIN 1 1 Section 1. NEW SECTION. 562C.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Landlord" means a person who owns, leases, or subleases 1 5 a rental property. 1 6 2. "Rental agreement" means a written or oral agreement 1 7 embodying the terms and conditions concerning the use and 1 8 occupancy of a rental property. 1 9 3. "Rental property" means a building that, in whole or 1 10 in part, is rented or leased to another person for use as a 1 11 dwelling unit. 1 12 4. "Tenant" means a person entitled under a rental agreement 1 13 to occupy a dwelling unit to the exclusion of another person. 1 14 Sec. 2. NEW SECTION. 562C.2 Certificate of registration. 1 15 1. Every landlord who owns, leases, or subleases more 1 16 than five rental properties in this state shall, within 1 17 thirty days following the effective date of this Act or at 1 18 the time of the creation of the first tenancy in any newly 1 19 constructed or reconstructed building, file with the secretary 1 20 of state a certificate of registration on a form prescribed by 1 21 the secretary of state, which shall contain the information 1 22 described in subsection 2. 1 23 2. The application for certificate of registration shall 1 24 include all of the following: 1 25 a. The address of each of the rental properties. 1 26 b. The name and address of the record owner or owners of 1 27 each of the rental properties and the record owner or owners 1 28 of the rental business if not the same persons. In the case 1 29 of a partnership, the names of all general partners shall be 1 30 provided. 1 31 c. If the record owner is a corporation, the name and 1 32 address of the registered agent and corporate officers of the 1 33 corporation. 1 34 d. If a rental property is in a county in which none of 1 35 the record owners reside, the name and address of a person who 2 1 resides in the county in which the rental property is located 2 2 and is authorized to accept notices from a tenant and to accept 2 3 service of process on behalf of the record owner. 2 4 e. The name and address of the managing agent of the rental 2 5 properties, if any. 2 6 f. The name and address of the superintendent, janitor, 2 7 custodian, or other individual employed by the record owner or 2 8 managing agent to provide regular maintenance service, if any. 2 9 g. The name, address, and telephone number of an individual 2 10 representative of the record owner or managing agent who may be 2 11 reached or contacted at any time in the event of an emergency 2 12 affecting a rental property or any unit in the rental property, 2 13 including an emergency such as the failure of an essential 2 14 service or system, who has the authority to make emergency 2 15 decisions concerning the rental property and any repairs and 2 16 related expenditures to the rental property, and who shall 2 17 at all times have access to a current list of the tenants of 2 18 the rental property that shall be made available to emergency 2 19 personnel if necessary in the event of an emergency. 2 20 h. A copy of a municipal rental certificate, permit, 2 21 or license for each rental property, if required by the 2 22 municipality, or a statement that no such certificate, permit, 2 23 or license is required. 2 24 i. If the landlord is a business entity required to file 2 25 organizational documents with the secretary of state or similar 2 26 office in another state, a copy of the entity's good standing 2 27 certificate, and a copy of an Iowa certificate of authority, 2 28 if applicable. 2 29 j. A representation that the landlord is current on all 2 30 property tax and income tax related to the rental properties. 2 31 3. The certificate of registration required by this section 2 32 shall be in addition to the rental certificate, permit, or 2 33 license required by a municipality, if any. 2 34 4. The secretary of state shall collect a fee of ten 2 35 dollars for a registration certificate delivered to the 3 1 secretary of state's office. The secretary of state shall 3 2 review the certificate and, if the certificate is found to be 3 3 in conformity with this section, validate the certificate and 3 4 issue a validated copy to the landlord. 3 5 5. A landlord required to file a certificate of registration 3 6 shall file an amended certificate of registration within twenty 3 7 days after a change in the information required to be included. 3 8 No fee shall be required for the filing of an amendment except 3 9 where ownership of a rental property is changed. 3 10 Sec. 3. NEW SECTION. 562C.3 Provision of copy of 3 11 certificate of registration to tenant. 3 12 Within thirty days following the effective date of this 3 13 Act and at the time of the creation of a new tenancy, every 3 14 landlord shall provide each occupant or tenant in a rental 3 15 property a copy of the certificate of registration required 3 16 by section 562C.2. If an amended certificate is filed, the 3 17 landlord shall furnish each occupant or tenant with a copy of 3 18 the amended certificate within seven days after the amended 3 19 certificate is filed with the secretary of state. 3 20 Sec. 4. NEW SECTION. 562C.4 Action for possession or rent 3 21 by landlord. 3 22 In an action to recover possession instituted by a landlord 3 23 under chapters 562A and 648 or for the nonpayment of rent, if 3 24 the landlord has failed to comply with the provisions of this 3 25 chapter, no judgment for possession or rent shall be entered 3 26 until there has been compliance. The court shall continue such 3 27 case for up to ninety days and if there has not been compliance 3 28 within such period, the action shall be dismissed. 3 29 Sec. 5. NEW SECTION. 562C.5 Penalty for violation == 3 30 recovery to municipalities. 3 31 1. A landlord who violates any provision of this chapter 3 32 commits a municipal infraction and shall be liable for a 3 33 penalty of not more than five hundred dollars for each offense. 3 34 A district court in the county in which a rental property is 3 35 located shall have jurisdiction to enforce the penalty. 4 1 2. The attorney general, the city or the county if the 4 2 property is located in the unincorporated area in which a 4 3 rental property is located, or any other person may institute 4 4 the proceeding. 4 5 3. A recovered penalty shall be remitted by the court to the 4 6 city or county in which the rental properties subject to the 4 7 proceeding are located. If the rental properties are in more 4 8 than one city or county, the penalty shall be divided between 4 9 the cities and counties on a pro rata basis on the number of 4 10 properties in each city or county. 4 11 Sec. 6. NEW SECTION. 562C.6 Prohibition of waiver of 4 12 rights. 4 13 Any written or oral provision in an agreement whereby a 4 14 tenant waives any rights under this chapter shall be deemed 4 15 against public policy and unenforceable. 4 16 EXPLANATION 4 17 The inclusion of this explanation does not constitute agreement with 4 18 the explanation's substance by the members of the general assembly. 4 19 This bill requires that certain landlords register with the 4 20 state. 4 21 The bill requires landlords who own, lease, or sublease more 4 22 than five rental properties in this state to register with 4 23 the state of Iowa. The bill defines "rental property" as a 4 24 building which, in whole or in part, is rented or leased to 4 25 another person for use as a dwelling unit. 4 26 The bill provides that the application for certificate of 4 27 registration shall be filed with the secretary of state. The 4 28 application includes information relating to the ownership of 4 29 the property, contact information for a person who can make 4 30 decisions and provide information to emergency personnel in 4 31 case of an emergency, copies of any local rental certificate, 4 32 permit, or license, copies of a certificate of good standing 4 33 or certificate of authority for landlords that are business 4 34 entities, and a representation that all related property taxes 4 35 and income taxes are current. 5 1 If a landlord has not been issued a certificate of 5 2 registration, the landlord cannot receive a judgment for 5 3 possession or rent against a tenant until there has been 5 4 compliance. The court shall continue the case for up to 90 5 5 days and if there has not been compliance within such period, 5 6 the action shall be dismissed. 5 7 A landlord who violates the provisions of new Code chapter 5 8 562C shall be liable for a penalty of not more than $500 for 5 9 each offense. The attorney general, the city or county in 5 10 which a rental property is located, or any other person may 5 11 institute a proceeding related to failure to comply with the 5 12 new Code chapter. Recovered penalties are remitted to the city 5 13 or county where the rental property is located. 5 14 The bill provides that any written or oral provision in 5 15 an agreement where a tenant waives any rights under new Code 5 16 chapter 562C is unenforceable as against public policy. LSB 2366YH (5) 86 jh/sc
