Senate
Study
Bill
3015
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
the
right
of
residents,
owners,
tenants,
1
and
landlords
to
summon
emergency
assistance
and
preempting
2
related
local
ordinances,
rules,
and
regulations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
331.304,
Code
2016,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
11.
A
county
shall
not
adopt
or
enforce
any
3
ordinance
or
regulation
in
violation
of
chapter
562C.
4
Sec.
2.
Section
364.3,
Code
2016,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
11.
A
city
shall
not
adopt
or
enforce
any
7
ordinance
or
regulation
in
violation
of
chapter
562C.
8
Sec.
3.
NEW
SECTION
.
562C.1
Title
——
purpose.
9
1.
This
chapter
shall
be
known
and
may
be
cited
as
the
10
“Right
to
Assistance
Act”
.
11
2.
The
purpose
of
this
chapter
is
to
ensure
that
an
owner,
12
lessee,
or
lessor
of
property
in
need
of
law
enforcement
13
assistance
or
other
emergency
assistance
in
the
state
of
Iowa
14
is
not
penalized
for
those
authorities
being
contacted,
and
to
15
provide
a
remedy
for
violations
of
this
chapter.
16
Sec.
4.
NEW
SECTION
.
562C.2
Definitions.
17
For
purposes
of
this
chapter,
unless
the
context
otherwise
18
requires:
19
1.
“Commercial
landlord”
means
a
person
who
is
the
owner,
20
lessor,
or
sublessor
of
a
property
on
which
a
tenant
operates
21
or
intends
to
operate
a
business.
22
2.
“Commercial
tenant”
means
a
person
who
leases
a
property
23
for
the
purpose
of
operating
a
business
on
the
property.
24
3.
“Landlord”
means
a
commercial
landlord
or
a
residential
25
landlord.
26
4.
“Owner”
means
one
or
more
persons,
jointly
or
severally,
27
in
whom
is
vested
either
of
the
following:
28
a.
All
or
part
of
the
legal
title
to
property.
29
b.
All
or
part
of
the
beneficial
ownership
and
a
right
30
to
present
use
and
enjoyment
of
the
property,
and
the
term
31
includes
a
mortgagee
in
possession.
32
5.
“Rental
agreement”
means
the
same
as
defined
in
section
33
562A.6
or
562B.7,
or
an
oral
or
written
agreement
embodying
the
34
terms
and
conditions
concerning
the
use
and
occupancy
of
real
35
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estate
used
for
commercial
purposes,
whichever
is
applicable.
1
6.
“Resident”
means
a
residential
tenant,
a
member
of
such
2
tenant’s
family,
and
any
other
person
residing
at
the
premises
3
with
the
consent
of
the
residential
tenant.
4
7.
“Residential
landlord”
means
the
same
as
“landlord”
in
5
section
562A.6
or
562B.7,
whichever
is
applicable.
6
8.
“Residential
tenant”
means
the
same
as
“tenant”
in
7
section
562A.6
or
562B.7,
whichever
is
applicable.
8
9.
“Tenant”
means
a
commercial
tenant
or
residential
tenant.
9
Sec.
5.
NEW
SECTION
.
562C.3
Uniform
application.
10
To
provide
for
the
uniform
application
of
the
provisions
of
11
this
chapter,
the
provisions
of
this
chapter
shall
supersede
12
any
local
ordinance,
rule,
or
regulation
that
is
inconsistent
13
with
or
conflicts
with
the
provisions
of
this
chapter.
14
Sec.
6.
NEW
SECTION
.
562C.4
Prohibition
of
local
penalties
15
for
emergency
assistance
contact.
16
1.
An
ordinance,
rule,
or
regulation
of
a
city,
county,
or
17
other
governmental
entity
shall
not
authorize
imposition
of
a
18
penalty
against
a
resident,
owner,
tenant,
or
landlord
for
a
19
contact
made
for
law
enforcement
assistance
or
other
emergency
20
assistance
by
or
on
behalf
of
a
victim
of
abuse,
a
victim
of
21
a
crime,
or
an
individual
in
an
emergency,
if
either
of
the
22
following
is
established:
23
a.
The
person
making
the
contact
had
a
reasonable
belief
24
that
the
emergency
assistance
was
necessary
to
prevent
the
25
perpetration
or
escalation
of
the
abuse,
crime,
or
emergency.
26
b.
In
the
event
of
abuse,
crime,
or
other
emergency,
the
27
emergency
assistance
was
actually
needed.
28
2.
Penalties
prohibited
by
subsection
1
include
the
29
following:
30
a.
The
actual
or
threatened
revocation,
suspension,
or
31
nonrenewal
of
a
rental
certificate,
license,
or
permit.
32
b.
The
actual
or
threatened
assessment
of
penalties,
fines,
33
or
fees.
34
c.
The
actual
or
threatened
eviction,
or
causing
the
actual
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or
threatened
eviction,
from
the
leased
premises.
1
3.
This
section
does
not
prohibit
a
city,
county,
or
other
2
governmental
entity
from
enforcing
any
ordinance,
rule,
or
3
regulation
premised
upon
grounds
other
than
a
contact
made
for
4
law
enforcement
assistance
or
other
emergency
assistance
by
5
or
on
behalf
of
a
victim
of
abuse,
a
victim
of
a
crime,
or
an
6
individual
in
an
emergency.
7
Sec.
7.
NEW
SECTION
.
562C.5
Prohibition
of
landlord
8
penalties
——
waiver
of
rights.
9
1.
A
landlord
may
not
prohibit
or
limit
a
resident’s
or
10
tenant’s
rights
to
summon
law
enforcement
assistance
or
other
11
emergency
assistance
by
or
on
behalf
of
a
victim
of
abuse,
a
12
victim
of
a
crime,
or
an
individual
in
an
emergency
or
may
not
13
impose
monetary
or
other
penalties
on
a
resident
or
tenant
who
14
exercises
that
right.
15
2.
Any
waiver
of
the
provisions
of
this
section
is
contrary
16
to
public
policy
and
is
void,
unenforceable,
and
of
no
force
17
or
effect.
18
3.
This
section
shall
not
be
construed
to
prohibit
a
19
landlord
from
recovering
from
a
resident
or
tenant
an
amount
20
equal
to
the
costs
incurred
to
repair
property
damage
if
21
the
damage
is
caused
by
law
enforcement
or
other
emergency
22
personnel
summoned
by
the
resident
or
tenant.
23
4.
This
section
does
not
prohibit
a
landlord
from
24
terminating,
evicting,
or
refusing
to
renew
a
tenancy
or
rental
25
agreement
when
such
action
is
premised
upon
grounds
other
26
than
a
contact
made
for
law
enforcement
assistance
or
other
27
emergency
assistance
by
or
on
behalf
of
a
victim
of
abuse,
a
28
victim
of
a
crime,
or
an
individual
in
an
emergency.
29
Sec.
8.
NEW
SECTION
.
562C.6
Remedies.
30
1.
In
addition
to
other
remedies
provided
by
law,
if
31
a
city,
county,
or
other
governmental
entity
violates
the
32
provisions
of
this
chapter,
a
resident,
owner,
tenant,
or
33
landlord
is
entitled
to
recover
from
the
city,
county,
or
other
34
governmental
entity
any
of
the
following:
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a.
An
order
requiring
the
city,
county,
or
other
1
governmental
entity
to
cease
and
desist
the
unlawful
practice.
2
b.
Other
equitable
relief,
including
reinstatement
of
a
3
rental
certificate,
license,
or
permit,
as
the
court
may
deem
4
appropriate.
5
c.
Actual
damages.
6
d.
Reasonable
attorney
fees
the
resident,
owner,
tenant,
or
7
landlord
incurs
in
seeking
enforcement
of
this
chapter.
8
e.
Court
costs.
9
2.
In
addition
to
other
remedies
provided
by
law,
if
an
10
owner
or
landlord
violates
the
provisions
of
this
chapter,
a
11
resident
or
tenant
is
entitled
to
recover
from
the
owner
or
12
landlord
any
of
the
following:
13
a.
A
civil
penalty
in
an
amount
equal
to
one
month’s
rent.
14
b.
Actual
damages.
15
c.
Reasonable
attorney
fees
the
tenant
or
resident
incurs
in
16
seeking
enforcement
of
this
chapter.
17
d.
Court
costs.
18
e.
Injunctive
relief.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
enacts
new
Code
chapter
562C
to
prohibit
a
23
city,
county,
or
other
governmental
entity
from
penalizing
a
24
resident,
owner,
tenant,
or
landlord
for
a
contact
made
for
25
law
enforcement
assistance
or
other
emergency
assistance
by
26
or
on
behalf
of
a
victim
of
abuse,
a
victim
of
a
crime,
or
an
27
individual
in
an
emergency
if
the
person
who
made
the
contact
28
reasonably
believed
that
emergency
assistance
was
necessary
to
29
prevent
the
perpetration
or
escalation
of
the
abuse,
crime,
or
30
emergency,
or
if
the
intervention
or
emergency
assistance
was
31
actually
needed.
The
bill
provides
that
the
provisions
of
new
32
Code
chapter
562C
shall
supersede
any
local
ordinance,
rule,
or
33
regulation
that
is
inconsistent
with
new
Code
chapter
562C.
If
34
a
city,
county,
or
other
governmental
entity
violates
new
Code
35
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chapter
562C,
in
addition
to
other
remedies
provided
by
law,
a
1
resident,
owner,
tenant,
or
landlord
is
entitled
to
recover
a
2
cease
and
desist
order,
other
equitable
relief,
actual
damages,
3
attorney
fees,
or
court
costs.
4
The
bill
also
prohibits
an
owner
or
landlord
from
5
restricting
a
resident’s
or
tenant’s
right
to
summon
law
6
enforcement
assistance
or
other
emergency
assistance
by
7
or
on
behalf
of
a
victim
of
abuse,
a
victim
of
a
crime,
or
8
an
individual
in
an
emergency,
or
impose
monetary
or
other
9
penalties
on
a
person
who
exercises
that
right.
If
a
tenant
or
10
resident
waives
this
right,
such
waiver
is
void,
unenforceable,
11
and
of
no
force
or
effect.
If
an
owner
or
landlord
violates
12
new
Code
chapter
562C,
in
addition
to
other
remedies
provided
13
by
law,
a
resident
or
tenant
is
entitled
to
recover
a
civil
14
penalty
in
an
amount
equal
to
one
month’s
rent,
actual
damages,
15
attorney
fees,
court
costs,
or
injunctive
relief.
16
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