Amendment H-8143 to HF 2473

Filed March 7, 2022 in the House by

What it changes

1. By striking everything after the enacting clause and inserting: “Section
2. Section 384.84, subsection 4, paragraph d, subparagraph (1), Code 2022, is amended to read as follows: (1) Residential or commercial rental property where a charge for water service is separately metered and paid directly to the city utility or enterprise by the tenant is exempt from a lien for delinquent rates or charges associated with such water service if the . The landlord gives shall provide written notice to the city utility or enterprise that the property is residential or commercial rental property and that the tenant is liable for the rates or charges. A city utility or enterprise may require a deposit not exceeding the usual cost of ninety days of water service to be paid to the utility or enterprise. Upon receipt, the utility or enterprise shall acknowledge the notice and deposit. A written notice shall contain the name of the tenant responsible for charges, address of the residential or commercial rental property that the tenant is to occupy, and the date that the occupancy begins , and if known to the landlord, the forwarding address of the tenant . The city shall provide to the landlord, upon request by the landlord if the landlord includes an electronic mail address or if the city maintains an electronic method of communication of the required information, the name of the person responsible for payment of the water service, the address the city has on file to send the bill to, and the date that the service was turned on or disconnected. Sec.
3. Section 384.84, subsection 4, paragraph e, Code 2022, is amended to read as follows: e. Residential rental property where a charge for any of the services of sewer systems, storm water drainage systems, sewage treatment, solid waste collection, and solid waste disposal is paid directly to the city utility or enterprise by the tenant is exempt from a lien for delinquent rates or charges associated with such services if the . The landlord gives shall provide written notice to the city utility or enterprise that the property is residential rental property and that the tenant is liable for the rates or charges. A city utility or enterprise may require a deposit not exceeding the usual cost of ninety days of the services of sewer systems, storm water drainage systems, sewage treatment, solid waste collection, and solid waste disposal to be paid to the utility or enterprise. A city utility or enterprise may require a deposit not exceeding the usual cost of sixty days of the services of gas and electric to be paid to the utility or enterprise. Upon receipt, the utility or enterprise shall acknowledge the notice and deposit. A written notice shall contain the name of the tenant responsible for the charges, the address of the residential rental property that the tenant is to occupy, and the date that the occupancy begins , and if known to the landlord, the forwarding address of the tenant . A change in tenant shall require a new written notice to be given to the city utility or enterprise within thirty business days of the change in tenant. The city shall provide to the landlord, upon request by the landlord if the landlord includes an electronic mail address or if the city maintains an electronic method of communication of the required information, the name of the person responsible for payment of the water service, the address the city has on file to send the bill to, and the date that the service was turned on or disconnected. When the tenant moves from the rental property, the city utility or enterprise shall return the deposit if the charges for the services of gas, electric, sewer systems, storm water drainage systems, sewage treatment, solid waste collection, and solid waste disposal are paid in full. A change in the ownership of the residential rental property shall require written notice of such change to be given to the city utility or enterprise within thirty business days of the completion of the change of ownership. The lien exemption for rental property does not apply to charges for repairs related to a service of sewer systems, storm water drainage systems, sewage treatment, solid waste collection, and solid waste disposal if the repair charges become delinquent unless the person responsible for the charges is a tenant . Sec.
4. Section 562A.6, subsection 10, Code 2022, is amended to read as follows:
5. “Rent” means a payment to be made to the landlord under the rental agreement , including base rent, utilities, late fees, and other payments made by the tenant to the landlord under the rental agreement . Sec.
6. Section 562A.12, subsection 3, paragraph a, Code 2022, is amended by adding the following new subparagraph: NEW SUBPARAGRAPH . (4) To satisfy debts for a tenant’s delinquent utility account. Sec.
7. Section 562A.13, subsection 4, Code 2022, is amended to read as follows:
8. The landlord or any person authorized to enter into a rental agreement on the landlord’s behalf shall fully explain utility rates, charges and services to the prospective tenant before the rental agreement is signed unless paid by the tenant directly to the utility company. Nothing in this chapter shall authorize a landlord to meter a premises contrary to applicable law, rule, or tariff, or assess a utility charge to the tenant contrary to applicable law, rule, or tariff. Sec.
9. Section 648.18, Code 2022, is amended to read as follows: 648.18 Possession —— bar. Thirty days’ peaceable possession with the knowledge of the plaintiff after the cause of action accrues is a bar to this proceeding. A cause of action for nonpayment of rent under section 562A.27 or 562B.25 accrues upon failure of the tenant to cure and upon written notice of the landlord of the landlord’s intention to terminate the rental agreement. However, in the instance of a landlord and a tenant entering into a written agreement to extend the due date of the payment of past-due rent in a rental period, a cause of action under this chapter accrues upon nonpayment of rent at the agreed-upon time, provided that such a time is no greater than sixty days beyond the original due date as specified in the rental agreement.”

Official amendment (PDF) · In the Bill Book