Feb
06
HF 2277…preventing cities & counties from having ordinances that require a landlord to evict in certain circumstances
ByThis bill is being promoted by the Iowa Coalition Against Domestic Abuse.
House File 2277 - Introduced HOUSE FILE BY HUSER (COMPANION TO LSB 5834SS BY JOCHUM) A BILL FOR 1 An Act prohibiting cities and counties from adopting or 2 enforcing ordinances that require a landlord to evict or 3 impose certain restrictions or penalties on residential 4 tenants and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5834HH (4) 83 md/nh PAG LIN 1 1 Section 1. Section 331.304A, Code 2009, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3. a. A county shall not adopt or enforce 1 4 county legislation that requires a landlord under chapter 562A 1 5 or 562B to do any of the following: 1 6 (1) Impose restrictions on a tenant's ability to request 1 7 assistance from a public safety agency as defined in section 1 8 34.1. 1 9 (2) Impose a penalty on or evict a tenant who requests 1 10 assistance from a public safety agency as defined in section 1 11 34.1. 1 12 (3) Impose a penalty, impose liability, or evict a tenant as 1 13 the result of actions taken by a person on the premises without 1 14 the consent of the tenant. 1 15 b. County legislation in effect on the effective date 1 16 of this Act that violates this subsection is void and 1 17 unenforceable and any enforcement activity conducted in 1 18 violation of this subsection is void. 1 19 c. This subsection shall not be construed to limit the 1 20 enforcement of or invalidate any provision of a rental 1 21 agreement. 1 22 Sec. 2. Section 364.3, Code Supplement 2009, is amended by 1 23 adding the following new subsection: 1 24 NEW SUBSECTION. 11. a. A city shall not adopt or enforce 1 25 any ordinance that requires a landlord under chapter 562A or 1 26 562B to do any of the following: 1 27 (1) Impose restrictions on a tenant's ability to request 1 28 assistance from a public safety agency as defined in section 1 29 34.1. 1 30 (2) Impose a penalty on or evict a tenant who requests 1 31 assistance from a public safety agency as defined in section 1 32 34.1. 1 33 (3) Impose a penalty, impose liability, or evict a tenant as 1 34 the result of actions taken by a person on the premises without 1 35 the consent of the tenant. 2 1 b. An ordinance in effect on the effective date of this Act 2 2 that violates this subsection is void and unenforceable and any 2 3 enforcement activity conducted in violation of this subsection 2 4 is void. 2 5 c. This subsection shall not be construed to limit the 2 6 enforcement of or invalidate any provision of a rental 2 7 agreement. 2 8 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 9 immediate importance, takes effect upon enactment. 2 10 EXPLANATION 2 11 This bill prohibits cities and counties from enacting 2 12 or enforcing ordinances that require a landlord under Code 2 13 chapter 562A (uniform residential landlord and tenant Act) or 2 14 Code chapter 562B (manufactured home communities or mobile 2 15 home parks residential landlord and tenant Act) to impose 2 16 restrictions on a tenant's ability to request assistance from 2 17 a public safety agency as defined in the bill, to impose a 2 18 penalty on or evict a tenant who requests assistance from a 2 19 public safety agency, or to impose a penalty, impose liability, 2 20 or evict a tenant as the result of actions taken by a person on 2 21 the premises without the consent of the tenant. 2 22 The bill provides that an ordinance in effect on the 2 23 effective date of the bill that violates the provisions of the 2 24 bill is void and unenforceable and any enforcement activity 2 25 conducted in violation of the bill is void. 2 26 The bill also provides that the restrictions imposed on 2 27 the enactment and enforcement of such ordinances shall not 2 28 be construed to limit the enforcement of or invalidate any 2 29 provision of a rental agreement. 2 30 The bill takes effect upon enactment. LSB 5834HH (4) 83 md/nh
