Landlords Legislative Victories

*1. SF 414...1992 The clear and present danger provisions are added to the landlord tenant
law.

*2. SF 398...1993 a. Late fees are no longer a part of the state usury law.
b. Security deposit increased from an amount equal to one month’s rent to two months’ rent.
c. Posting of notice allowed on eviction notices after three attempts at personal service.
*3. SF 216...1994 Cities may have combined service accounts. Water liens cannot be placed on landlords’ property
if a deposit is filed with the water utility.

4. SF 2310...1994 This anti landlord bill was defeated on the floor of the Senate on a vote of 36-11.

5. HF 2286…1994 Small claims jurisdictional fees are raised to $3000 on July 1, 1994, and to $4000 on July 1, 1995.

*6. HF 492...1995 a. Late fees on rent are raised from a maximum of $3 a day to $10 a day, not to exceed $40 per month.
b. The 30 days’ notice with 14 days to cure is changed to a 7 days’ notice with the same 7 days to cure.
c. The clear and present danger provisions are extended to 1000 feet beyond the landlords’ property.
d. The 5 days’ notice to tenant for eviction hearing is changed to 3 days’ notice.
e. FED hearing must be scheduled within 7 days. The old law was 14 days.
f. A judge can only allow 3 days holdover for the tenant if the landlord wins the FED.
The old law allowed the judges to give the tenants 10 days.

*7. SF 2396...1996 Up to $500 in rental security deposits and other forms of deposits are exempt from bankruptcy proceedings.

*8. SF 2372...1996 a. Redefinition of notice provisions. Notice can be personal service or certified mail.
b. Cleared up oversight in law which dealt with notice in nonpayment of rent cases.
c. Changes in posting law: two attempts at personal service instead of three. Both attempts at personal service may be made on the same day.
d. Posting must be made 3 days prior to the hearing. The old law was five days.

*9. HF 647...1997 This law adds to the crime of theft knowingly presenting a bad check for the use of rental property.

*10. HF 700.... 1999 Landlords are not responsible for paying a deposit, or seeing that it’s paid, in order to exempt their properties from liens filed because a tenant has left owing money on a water bill, or in the case of combined billing, any portion of a utility bill to a municipal utility.
Landlords only have to keep the municipal utility informed as to the name of the current tenant in the rental property.
Municipal utilities are given clear authority to withhold service to customers who have debt from a previous account.

*11. SF 337.... 1999 This landlord tenant law made several changes dealing with notices and posting of notices.
a. Places into chapter 562A a cross-reference to Iowa code chapter 4 which outlines how time is to be counted on notices.
b. Places into chapter 562A a cross-reference to the definition of certified mail found in Iowa code chapter 618. Certified mail is any mail for which the sender receives a receipt from the U.S. Postal Service.
c. Notices which go to all tenants may be posted at the tenant’s door or delivered to the unit.
d. When the combined form for FED/Money Judgment is being used, this combined form may also be posted after two attempts at personal service.

12. SF 338.... 1999 Landlords were able to stop this bill which would have greatly diminished private property rights by allowing telecommunications companies to gain access to property. If no agreement could be reached, the companies could install service to tenants as they saw fit.

13. HF 2095.... 2000 HF 2509 made it out of Local Government Committee. The bill attempted to outline a system of what to do with abandoned property by tenants. However, the bill would have been worse than current law. Landlords were able to stop the bill from any further consideration.

14. SF 428...2000 Our association did not introduce SF 428, but without our grassroots support, it is unlikely that SF 428 would have passed. This bill prevents cities or counties from imposing rent control ordinances.

*15. SF 2253.... 2000 If a landlord registers with the municipal utility to get notification of a delinquent account by a tenant, SF 2253 provides that the notice must be given 30 days prior to the lien filing instead of the previous ten days’ notice.

*16. SF 2542...2000 Landlords were successful in amending this bill to correct problems with a previous bill, HF 475, which had passed the legislature, but had not been signed into law. Section 5 of HF 475 would have changed the term landlord to property lessor throughout the code of Iowa, including chapter 562A. Our language in SF 2542 prevented section 5 of HF 475 from
becoming law.

*17. SF 2214.... 2000 This new law clarifies that money judgments and evictions can be filed at the same time, with only one filing fee, but the cases are not to be merged, will be given two separate case numbers and will be processed as two separate cases.

18. SSB 1186…2001 Stopped SSB 1186 which would have disallowed landlords from giving a
30 days non-renewal of a lease with no stated reason.

19. SSB 1191...2001 Stopped this bill which would have required all landlords to install and maintain carbon monoxide alarms in rental properties. Failure to do so could have resulted in a fine of between $250 and $1500 and possible jail time of no more than a year. There would also have been a fee system charged to landlords to run the program.20. HF 518…2002 Raised the small claims jurisdictional limits to $5000 as of July 1, 2002.

21. SF 376…2003 Raised the surcharge on a bad check from $20 to $30 as of July 1, 2003.

22. HF 174…2003 Stopped this bill which would have imposed a state energy code on rental housing, requiring rental owners to retrofit their properties to meet the code.

23. HF 407…2003 Stopped this bill which would have increased punitive damages against landlords who kept rental deposits in bad faith.

24. SF 2199…2004 Successfully amended SF 2199 so that onerous provisions of the proposal were dropped. SF 2199 dealt with changes to the clear and present danger notice form in domestic assault cases.

25. HF 2309…2004 Defeated this bill which would have allowed cities to add penalties and fines, and more lien provisions, against landlords.

26. SF 2106…2004 Helped to stop this bill which would have increased small claims jurisdictional amounts to $8000 and had provisions which would have assured appeals of most small claims cases. This bill would have been negative for landlords.

27. HF 882…2005 Successfully amended a League of Cities bill which allowed cities to impose a $25 fine, plus up to one and a half percent per month late fee on landlords not paying fines and penalties on time. The landlords’ language required cities to send a written notice to the landlord’s home or place of business before a late fee can be imposed and the same notification before a lien can be filed.

28. SF 208/HF 361/HF 444…2005 These bills all dealt with preventing a landlord from evicting a victim of domestic abuse. The bills were worded such that a phone call to police from a victim would set up a defense of retaliation should a landlord take a victim to court for any reason. We were successful in convincing the legislature not to consider the bills.

*29. HF 2695…2006 This law added a provision to 562A which allows a landlord or tenant to give a 30 days’ non-renewal notice for terms longer than month to month.The law also cleared up a glitch in chapter 648 which only allowed personal service by the sheriff in cases where publication was used to effect service.

*30. HF 2233…2006 This law changed the length of garnishment filings from 70 to 120 days.

*31. HF 2797…2006 This bill contained a section which amended chapter 631, allowing a private, non-incorporated owner of residential property to send an employee to small claims court to represent the owner.

32. HF 2351…2006 This legislation reformed the eminent domain law.

*33. HF 783…2007 This legislation would have expanded the lien protection law for landlords. In addition to water, all city enterprise services would have been protected. Also the landlord would only have had to register the house one time with the municipal utilities instead of each time a tenancy changed. Governor Culver vetoed HF 783 on May 29th, citing the burden of municipal utilities having the right to charge three months’ deposit on renters.

*34. HF 2392…2008 Rental property owners will now have 30 business days to notify a municipal utility that there has been a tenancy change in order to prevent the filing of lien on back water charges. The old law was 10 business days.

*35. HF 2547…2008 This law clarified and expanded the definition of “routine maintenance” of electrical work a property owner/manager could do on rental property without having to hire a state licensed electrician. The same issue on plumbing matters will be handled by means of an administrative rule from the state plumbing board.

*36. SF 224…2009 SF 224 allowed landlords to do maintenance, repairs, and replacement of fixtures, for which no design changes are made, in plumbing, HVAC, refrigeration or water systems. Routine maintenance will also include emergency repairs, which will be defined in the administrative rules.

37. SF 2300….2010 This law is a major change to the landlord tenant law dealing with notice provisions. The law was a reaction to the War Eagle Apartments Iowa Supreme Court decision of November 29, 2009.

38. Senate Joint Resolution 2009…..2010 SJR 2009 overturns the portion of the state building code what would have required sprinklers systems in all new construction of one and two family housing, as well as all modular homes.

39. SSB 1049…2011 Stopped this bill which would have had a negative impact on landlords’ property rights. Cable and telecommunications companies wanted more flexibility in accessing rental properties.

40. SF 92….2011 Stopped this security deposit bill which would have changed the legal standard for imposing punitive damages when security deposits were held incorrectly.

41. SSB 1093...2011 Prevented this bill from passing. SSB 1093 would have revised the clear
and present danger law so that victims of domestic abuse would not have to take action to prevent the abuser from returning to the property.

42. HSB 31…2011 Stopped this bill which would have set up a storage requirement for property left behind by a tenant through eviction or abandonment.

43. SSB 1059...2011 Helped to defeat this bill which would have abolished the Property Assessment Appeals Board.

*44. HF 2323….2012 Expanded lien protections from tenant debts for sewer systems, storm water drainage, sewer treatment, solid waste collection, and solid waste disposal, if proper notice each time a tenancy changes is given within 30 business days.

*45. HF 495...2013 Landlord/tenant reform….late fee increase ($700 & under per month: no more than $12 in a day or $60 in a month…over $700: no more than $20 in a day or $100 in a month)…..cross reference to criminal mischief charges for tenants who intentionally damage the landlord’s property…allows landlord waivers.

*46. HF 356…2013 Expanded collection of rental judgments from two years to five years. Retained limitation of sold debt to two years for collections. Reduced filing time for rental judgments from 10 years to 5 years.

47. SF 295….2013 New property tax classification for owners of rental properties larger than a duplex. The new multi-residential class starts in 2015. In 2013 and 2014, rental property owners get a 5% reduction in each of those two years. Beginning in 2015, the rollbacks continue, at 3.7% per year, until 2022, when multi-residential will be taxed the same as residential property.

48. SF 2310….2014 Landlords exempted from liability in underage drinking on owners’ property law.

49. HF 2183….2014 Landlords get language into this bill requiring cities who sue for delinquent city enterprise services charges have to use small claims courts for damages under $5000. Landlords were also successful in securing language reaffirming that cities can’t bypass existing notice procedures in chapter 384.84.

*50. HF 493…..2016 Landlords cosponsored this bill with the ACLU, Iowa and the Iowa Coalition Against Domestic Violence, ICADV. It took two years to pass. The bill prevents cities and counties from using 911 emergency calls as the basis for regulation nuisance properties. Statutory changes were made to chapter 562A, as well as to the home rule chapters of the code.

*51. HF 134…..2017 Landlords sponsored this bill which took six years to pass. The law, effective January 1, 2018, will prevent cities from using familial or non-familial status as a means to control occupancy.

52. HF 146…..2017 Landlords supported and lobbied for this bill which makes an amendment to chapter 648, the eviction chapter. When a defendant or defendant’s attorney shows up at the eviction hearing, a landlord can’t lose the case because of a defective notice. The worst outcome for the landlord is a continuance of the case.

53. SF260….2017 Real property owner owes no duty of care to a trespasser, except that common law of attractive nuisance is not changed.

54. HF 69….2017 Trespassing is changed to a scheduled fine: $200, first offense; $500, second offense; and $1000 for third and subsequent offenses. Intentional trespassing becomes a serious misdemeanor.
*Introduced by Landlords