Bill Text: IA SF2220 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the right of a tenant or resident to summon emergency assistance.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2016-02-24 - Subcommittee, Hogg, Schneider, and Sodders. S.J. 358. [SF2220 Detail]
Download: Iowa-2015-SF2220-Introduced.html
Senate File 2220 - Introduced SENATE FILE BY HOGG A BILL FOR 1 An Act relating to the right of a tenant or resident to summon 2 emergency assistance. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5606XS (4) 86 jh/sc PAG LIN 1 1 Section 1. Section 331.304, Code 2016, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 11. A county shall not adopt or enforce 1 4 any ordinance or regulation in violation of section 562A.27B 1 5 or 562B.25B. 1 6 Sec. 2. Section 364.3, Code 2016, is amended by adding the 1 7 following new subsection: 1 8 NEW SUBSECTION. 11. A city shall not adopt or enforce any 1 9 ordinance or regulation in violation of section 562A.27B or 1 10 562B.25B. 1 11 Sec. 3. NEW SECTION. 562A.27B Right to summon emergency 1 12 assistance ==== waiver of rights. 1 13 1. a. A landlord shall not prohibit or limit a resident's 1 14 or tenant's rights to summon law enforcement assistance or 1 15 other emergency assistance by or on behalf of a victim of 1 16 abuse, a victim of a crime, or an individual in an emergency. 1 17 b. A landlord shall not impose monetary or other penalties 1 18 on a resident or tenant who exercises the resident's or 1 19 tenant's right to summon law enforcement assistance or other 1 20 emergency assistance. 1 21 c. Any waiver of the provisions of this subsection is 1 22 contrary to public policy and is void, unenforceable, and of 1 23 no force or effect. 1 24 d. This subsection shall not be construed to prohibit a 1 25 landlord from recovering from a resident or tenant an amount 1 26 equal to the costs incurred to repair property damage if 1 27 the damage is caused by law enforcement or other emergency 1 28 personnel summoned by the resident or tenant. 1 29 e. This section does not prohibit a landlord from 1 30 terminating, evicting, or refusing to renew a tenancy or rental 1 31 agreement when such action is premised upon grounds other than 1 32 the resident's or tenant's exercise of the right to summon 1 33 law enforcement assistance or other emergency assistance by 1 34 or on behalf of a victim of abuse, a victim of a crime, or an 1 35 individual in an emergency. 2 1 2. a. An ordinance, rule, or regulation of a city, county, 2 2 or other governmental entity shall not authorize imposition 2 3 of a penalty against a resident, owner, tenant, or landlord 2 4 because the resident, owner, tenant, or landlord was a victim 2 5 of abuse or crime. 2 6 b. An ordinance, rule, or regulation of a city, county, or 2 7 other governmental entity shall not authorize imposition of a 2 8 penalty against a resident, owner, tenant, or landlord because 2 9 the resident, owner, tenant, or landlord sought law enforcement 2 10 assistance or other emergency assistance for a victim of abuse, 2 11 a victim of a crime, or an individual in an emergency, if 2 12 either of the following is established: 2 13 (1) The resident, owner, tenant, or landlord seeking 2 14 assistance had a reasonable belief that the emergency 2 15 assistance was necessary to prevent the perpetration or 2 16 escalation of the abuse, crime, or emergency. 2 17 (2) In the event of abuse, crime, or other emergency, the 2 18 emergency assistance was actually needed. 2 19 c. This subsection does not prohibit a city, county, or 2 20 other governmental entity from enforcing any ordinance, rule, 2 21 or regulation premised upon grounds other than a request for 2 22 law enforcement assistance or other emergency assistance by 2 23 a resident, owner, tenant, or landlord, or the fact that the 2 24 resident, owner, tenant, or landlord was a victim of crime or 2 25 abuse. 2 26 3. For purposes of this section, "resident" means a member 2 27 of a tenant's family and any other person occupying the 2 28 dwelling unit with the consent of the tenant. 2 29 Sec. 4. NEW SECTION. 562B.25B Right to summon emergency 2 30 assistance == waiver of rights. 2 31 1. a. A landlord shall not prohibit or limit a resident's 2 32 or tenant's rights to summon law enforcement assistance or 2 33 other emergency assistance by or on behalf of a victim of 2 34 abuse, a victim of a crime, or an individual in an emergency. 2 35 b. A landlord shall not impose monetary or other penalties 3 1 on a resident or tenant who exercises the resident's or 3 2 tenant's right to summon law enforcement assistance or other 3 3 emergency assistance. 3 4 c. Any waiver of the provisions of this subsection is 3 5 contrary to public policy and is void, unenforceable, and of 3 6 no force or effect. 3 7 d. This subsection shall not be construed to prohibit a 3 8 landlord from recovering from a resident or tenant an amount 3 9 equal to the costs incurred to repair property damage if 3 10 the damage is caused by law enforcement or other emergency 3 11 personnel summoned by the resident or tenant. 3 12 e. This section does not prohibit a landlord from 3 13 terminating, evicting, or refusing to renew a tenancy or rental 3 14 agreement when such action is premised upon grounds other than 3 15 the resident's or tenant's exercise of the right to summon 3 16 law enforcement assistance or other emergency assistance by 3 17 or on behalf of a victim of abuse, a victim of a crime, or an 3 18 individual in an emergency. 3 19 2. a. An ordinance, rule, or regulation of a city, county, 3 20 or other governmental entity shall not authorize imposition 3 21 of a penalty against a resident, owner, tenant, or landlord 3 22 because the resident, owner, tenant, or landlord was a victim 3 23 of abuse or crime. 3 24 b. An ordinance, rule, or regulation of a city, county, or 3 25 other governmental entity shall not authorize imposition of a 3 26 penalty against a resident, owner, tenant, or landlord because 3 27 the resident, owner, tenant, or landlord sought law enforcement 3 28 assistance or other emergency assistance for a victim of abuse, 3 29 a victim of a crime, or an individual in an emergency, if 3 30 either of the following is established: 3 31 (1) The resident, owner, tenant, or landlord seeking 3 32 assistance had a reasonable belief that the emergency 3 33 assistance was necessary to prevent the perpetration or 3 34 escalation of the abuse, crime, or emergency. 3 35 (2) In the event of abuse, crime, or other emergency, the 4 1 emergency assistance was actually needed. 4 2 c. This subsection does not prohibit a city, county, or 4 3 other governmental entity from enforcing any ordinance, rule, 4 4 or regulation premised upon grounds other than a request for 4 5 law enforcement assistance or other emergency assistance by 4 6 a resident, owner, tenant, or landlord, or the fact that the 4 7 resident, owner, tenant, or landlord was a victim of crime or 4 8 abuse. 4 9 3. For purposes of this section, "resident" means a member 4 10 of a tenant's family and any other person occupying the 4 11 dwelling unit with the consent of the tenant. 4 12 EXPLANATION 4 13 The inclusion of this explanation does not constitute agreement with 4 14 the explanation's substance by the members of the general assembly. 4 15 This bill relates to the right of a tenant or resident to 4 16 summon emergency assistance and prohibits a landlord, city, 4 17 county, or other governmental entity from penalizing a tenant, 4 18 resident, owner, or landlord for seeking emergency assistance. 4 19 The bill provides that a landlord shall not prohibit or 4 20 limit a resident's or tenant's right to summon law enforcement 4 21 assistance or other emergency assistance for a victim of abuse, 4 22 a victim of crime, or an individual in an emergency. The 4 23 bill provides that a landlord cannot impose monetary or other 4 24 penalties on a resident or tenant who summons such emergency 4 25 assistance, and that any waiver of such right is void and 4 26 unenforceable. The bill does not prevent a landlord from 4 27 recovering from a resident or tenant an amount equal to the 4 28 costs incurred to repair property damage if the damage is 4 29 caused by law enforcement or other emergency personnel summoned 4 30 by the resident or tenant. The bill does not prevent a 4 31 landlord from terminating or evicting a resident or tenant when 4 32 such action is premised on grounds other than the resident's 4 33 or tenant's exercise of the right to summon law enforcement 4 34 assistance. 4 35 The bill provides that an ordinance, rule, or regulation of a 5 1 city, county, or other governmental entity shall not authorize 5 2 imposition of any penalty against a resident, owner, tenant, 5 3 or landlord because either the resident, owner, tenant, or 5 4 landlord was a victim of abuse or crime. The bill provides 5 5 that an ordinance, rule, or regulation of a city, county, 5 6 or other governmental entity shall not authorize imposition 5 7 of a penalty against a resident, owner, tenant, or landlord 5 8 because the resident, owner, tenant, or landlord sought law 5 9 enforcement assistance for a victim of abuse, a victim of 5 10 crime, or an individual in an emergency if either the resident, 5 11 owner, tenant, or landlord seeking assistance had a reasonable 5 12 belief that the assistance was necessary or if the emergency 5 13 assistance was actually needed. The bill does not prohibit a 5 14 city, county, or other governmental entity from enforcing any 5 15 ordinance, rule, or regulation premised upon grounds other than 5 16 a request for law enforcement assistance or other emergency 5 17 assistance for a victim of abuse, a victim of a crime, or an 5 18 individual in an emergency. 5 19 The provisions of the bill apply to Code chapter 562A 5 20 (uniform residential landlord and tenant Act) and Code chapter 5 21 562B (manufactured home communities or mobile home parks 5 22 residential landlord and tenant Act). LSB 5606XS (4) 86 jh/sc
