Bill Text: IA HF270 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the testing of well water of dwelling units and mobile home spaces prior to entering into rental agreements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-06 - Introduced, referred to Commerce. H.J. 220. [HF270 Detail]
Download: Iowa-2019-HF270-Introduced.html
House
File
270
-
Introduced
HOUSE
FILE
270
BY
BEARINGER
A
BILL
FOR
An
Act
relating
to
the
testing
of
well
water
of
dwelling
1
units
and
mobile
home
spaces
prior
to
entering
into
rental
2
agreements.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1780YH
(6)
88
js/jh
H.F.
270
Section
1.
NEW
SECTION
.
562A.13A
Dwellings
served
by
well
1
water
——
testing
——
corrective
actions
——
disclosure.
2
1.
For
purposes
of
this
section,
unless
the
context
3
otherwise
requires,
“corrective
action”
means
either
adding
a
4
sufficient
amount
of
chlorine
to
disinfect
a
well
or
installing
5
a
filter
system
in
a
well.
6
2.
If
a
dwelling
unit
is
served
by
well
water,
the
landlord
7
shall
test
the
well
serving
the
dwelling
unit
prior
to
entering
8
into
a
rental
agreement
or
every
two
years,
whichever
is
9
longer.
A
well
must
be
tested
according
to
rules
developed
10
by
the
department
of
natural
resources
pursuant
to
chapter
11
17A.
Well
water
is
considered
safe
for
drinking
if
the
water
12
meets
the
standards
established
pursuant
to
section
455B.172,
13
subsection
3.
14
3.
If
a
well
fails
to
have
safe
drinking
water,
the
landlord
15
shall
take
corrective
action
to
ensure
the
water
is
safe
to
16
drink
prior
to
entering
into
the
prospective
rental
agreement
17
or
as
soon
as
possible
if
a
tenant
is
occupying
the
dwelling
18
unit.
The
landlord
shall
be
liable
for
all
costs
associated
19
with
taking
corrective
action.
If
a
current
tenant
lives
in
20
the
dwelling
unit,
the
landlord
shall
be
liable
for
costs
21
associated
with
the
temporary
procurement
of
safe
drinking
22
water.
23
4.
Following
a
test,
proof
that
the
well
water
is
safe
24
to
drink
or
that
corrective
action
has
been
taken
shall
be
25
provided
to
the
prospective
or
current
tenant.
Such
proof
is
26
valid
for
a
period
of
two
years.
27
5.
a.
If
a
landlord
fails
to
provide
proof
that
the
water
28
is
safe
to
drink
or
that
corrective
action
has
been
taken,
the
29
tenant
shall
be
entitled
to
all
rights
and
remedies
set
forth
30
in
section
562A.21.
31
b.
If
the
landlord
fails
to
provide
safe
drinking
water
32
or
cover
costs
necessary
to
procure
safe
drinking
water
to
a
33
current
tenant,
the
tenant
shall
be
entitled
to
all
rights
and
34
remedies
set
forth
in
section
562A.23.
35
-1-
LSB
1780YH
(6)
88
js/jh
1/
6
H.F.
270
Sec.
2.
Section
562A.21,
subsections
1
and
2,
Code
2019,
are
1
amended
to
read
as
follows:
2
1.
Except
as
provided
in
this
chapter
,
if
there
is
a
3
material
noncompliance
by
the
landlord
with
the
rental
4
agreement
,
or
a
noncompliance
with
section
562A.15
materially
5
affecting
health
and
safety
,
or
a
failure
to
provide
6
information
under
section
562A.13A
,
the
tenant
may
elect
7
to
commence
an
action
under
this
section
and
shall
deliver
8
a
written
notice
to
the
landlord
specifying
the
acts
and
9
omissions
constituting
the
breach
and
that
the
rental
agreement
10
will
terminate
upon
a
date
not
less
than
seven
days
after
11
receipt
of
the
notice
if
the
breach
is
not
remedied
in
seven
12
days,
and
the
rental
agreement
shall
terminate
and
the
tenant
13
shall
surrender
as
provided
in
the
notice
subject
to
the
14
following:
15
a.
If
the
breach
is
remediable
by
repairs
or
the
payment
of
16
damages
or
otherwise,
and
if
the
landlord
adequately
remedies
17
the
breach
prior
to
the
date
specified
in
the
notice,
the
18
rental
agreement
shall
not
terminate.
19
b.
If
substantially
the
same
act
or
omission
which
20
constituted
a
prior
noncompliance
of
which
notice
was
given
21
recurs
within
six
months,
the
tenant
may
terminate
the
rental
22
agreement
upon
at
least
seven
days’
written
notice
specifying
23
the
breach
and
the
date
of
termination
of
the
rental
agreement
24
unless
the
landlord
has
exercised
due
diligence
and
effort
to
25
remedy
the
breach
which
gave
rise
to
the
noncompliance.
26
c.
The
tenant
may
not
terminate
for
a
condition
caused
by
27
the
deliberate
or
negligent
act
or
omission
of
the
tenant,
a
28
member
of
the
tenant’s
family,
or
other
person
on
the
premises
29
with
the
tenant’s
consent.
30
2.
Except
as
provided
in
this
chapter
,
the
tenant
31
may
recover
damages
and
obtain
injunctive
relief
for
any
32
noncompliance
by
the
landlord
with
the
rental
agreement
or
33
section
562A.13A
or
562A.15
unless
the
landlord
demonstrates
34
affirmatively
that
the
landlord
has
exercised
due
diligence
and
35
-2-
LSB
1780YH
(6)
88
js/jh
2/
6
H.F.
270
effort
to
remedy
any
noncompliance,
and
that
any
failure
by
the
1
landlord
to
remedy
any
noncompliance
was
due
to
circumstances
2
reasonably
beyond
the
control
of
the
landlord.
If
the
3
landlord’s
noncompliance
is
willful
the
tenant
may
recover
4
reasonable
attorney
fees.
5
Sec.
3.
Section
562A.23,
subsection
1,
Code
2019,
is
amended
6
to
read
as
follows:
7
1.
If
contrary
to
the
rental
agreement
or
section
562A.13A
8
or
562A.15
the
landlord
deliberately
or
negligently
fails
to
9
supply
running
water,
safe
drinking
water,
hot
water,
or
heat,
10
or
essential
services,
the
tenant
may
give
written
notice
to
11
the
landlord
specifying
the
breach
and
may:
12
a.
Procure
reasonable
amounts
of
hot
water,
safe
drinking
13
water,
running
water,
heat
,
and
essential
services
during
the
14
period
of
the
landlord’s
noncompliance
and
deduct
their
actual
15
and
reasonable
cost
from
the
rent;
16
b.
Recover
damages
based
upon
the
diminution
in
the
fair
17
rental
value
of
the
dwelling
unit;
or
18
c.
Recover
any
rent
already
paid
for
the
period
of
the
19
landlord’s
noncompliance
which
shall
be
reimbursed
on
a
pro
20
rata
basis.
21
Sec.
4.
NEW
SECTION
.
562B.14A
Mobile
home
spaces
served
by
22
well
water
——
testing
——
corrective
actions
——
disclosure.
23
1.
For
purposes
of
this
section,
unless
the
context
24
otherwise
requires,
“corrective
action”
means
either
adding
a
25
sufficient
amount
of
chlorine
to
disinfect
a
well
or
installing
26
a
filter
system
in
a
well.
27
2.
If
a
mobile
home
space
is
served
by
well
water,
the
28
landlord
shall
test
the
well
serving
the
mobile
home
space
29
prior
to
entering
into
a
rental
agreement
or
every
two
years,
30
whichever
is
longer.
A
well
must
be
tested
according
to
rules
31
developed
by
the
department
of
natural
resources
pursuant
to
32
chapter
17A.
Well
water
is
considered
safe
for
drinking
if
33
the
water
meets
the
standards
established
pursuant
to
section
34
455B.172,
subsection
3.
35
-3-
LSB
1780YH
(6)
88
js/jh
3/
6
H.F.
270
3.
If
a
well
fails
to
have
safe
drinking
water,
the
landlord
1
shall
take
corrective
action
to
ensure
the
water
is
safe
to
2
drink
prior
to
entering
into
the
prospective
rental
agreement
3
or
as
soon
as
possible
if
a
tenant
is
occupying
the
mobile
home
4
space.
The
landlord
shall
be
liable
for
all
costs
associated
5
with
taking
corrective
action.
If
a
tenant
is
currently
6
occupying
the
mobile
home
space,
the
landlord
shall
be
liable
7
for
costs
associated
with
the
temporary
procurement
of
safe
8
drinking
water.
9
4.
Following
a
test,
proof
that
the
well
water
is
safe
10
to
drink
or
that
corrective
action
has
been
taken
shall
be
11
provided
to
the
prospective
or
current
tenant.
Such
proof
is
12
valid
for
a
period
of
two
years.
13
5.
If
a
landlord
fails
to
provide
proof
that
the
water
is
14
safe
to
drink
or
that
corrective
action
has
been
taken,
or
15
fails
to
provide
safe
drinking
water
or
cover
costs
necessary
16
to
procure
safe
drinking
water
prior
to
the
completion
of
17
corrective
action,
the
tenant
shall
be
entitled
to
all
rights
18
and
remedies
set
forth
in
section
562B.22.
19
Sec.
5.
Section
562B.22,
subsections
1
and
2,
Code
2019,
are
20
amended
to
read
as
follows:
21
1.
Except
as
provided
in
this
chapter
,
if
there
is
a
22
material
noncompliance
by
the
landlord
with
the
rental
23
agreement,
the
tenant
may
deliver
a
written
notice
to
the
24
landlord
specifying
the
acts
and
omissions
constituting
the
25
breach
and
that
the
rental
agreement
will
terminate
upon
a
26
date
not
less
than
thirty
days
after
receipt
of
the
notice
if
27
the
breach
is
not
remedied
in
fourteen
days.
If
there
is
a
28
noncompliance
by
the
landlord
with
section
562B.16
materially
29
affecting
health
and
safety
or
with
section
562B.14A
,
the
30
tenant
may
deliver
a
written
notice
to
the
landlord
specifying
31
the
acts
and
omissions
constituting
the
breach
and
that
the
32
rental
agreement
will
terminate
upon
a
date
not
less
than
33
thirty
days
after
receipt
of
the
notice
if
the
breach
is
34
not
remedied
in
fourteen
days.
The
rental
agreement
shall
35
-4-
LSB
1780YH
(6)
88
js/jh
4/
6
H.F.
270
terminate
and
the
mobile
home
space
shall
be
vacated
as
1
provided
in
the
notice
subject
to
the
following:
2
a.
If
the
breach
is
remediable
by
repairs
or
the
payment
of
3
damages
or
otherwise
and
the
landlord
adequately
remedies
the
4
breach
prior
to
the
date
specified
in
the
notice,
the
rental
5
agreement
will
not
terminate.
6
b.
The
tenant
may
not
terminate
for
a
condition
caused
by
7
the
deliberate
or
negligent
act
or
omission
of
the
tenant,
8
a
member
of
the
tenant’s
family
or
other
person
in
the
9
manufactured
home
community
or
mobile
home
park
with
the
10
tenant’s
consent.
11
2.
Except
as
provided
in
this
chapter
,
the
tenant
may
12
recover
damages
,
and
obtain
injunctive
relief
for
any
13
noncompliance
by
the
landlord
with
the
rental
agreement
or
with
14
section
562B.14A
or
562B.16
.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
requires
a
landlord
of
a
dwelling
unit
or
19
manufactured
or
mobile
home
space
served
by
well
water
to
20
test
the
well
prior
to
entering
a
rental
agreement
with
a
21
prospective
tenant
or
every
two
years,
whichever
is
longer,
22
pursuant
to
rules
and
standards
adopted
by
the
department
23
of
natural
resources
and
county
boards
of
health.
If
the
24
well
water
is
not
safe
to
drink
pursuant
to
such
standards,
25
the
landlord
must
take
corrective
action
prior
to
entering
26
the
rental
agreement
with
a
prospective
tenant
or
as
soon
as
27
possible
if
a
current
tenant
occupies
the
dwelling
unit
or
28
mobile
home
space.
If
there
is
a
current
tenant,
the
landlord
29
shall
be
liable
for
providing
safe
drinking
water
or
covering
30
costs
associated
with
procuring
safe
drinking
water
until
31
corrective
action
is
complete.
The
landlord
shall
provide
to
a
32
prospective
or
current
tenant
proof
that
the
well
water
is
safe
33
to
drink
or
that
corrective
action
has
been
taken.
Such
proof
34
is
valid
for
up
to
two
years.
If
a
landlord
fails
to
provide
35
-5-
LSB
1780YH
(6)
88
js/jh
5/
6
H.F.
270
proof
that
the
water
is
safe
to
drink
or
that
corrective
action
1
has
been
taken
or
fails
to
provide
safe
drinking
water
or
cover
2
costs
necessary
to
procure
safe
drinking
water
to
a
tenant,
a
3
tenant
is
entitled
to
the
rights
and
remedies
set
forth
in
Code
4
section
562A.21,
562A.23,
or
562B.22,
as
applicable.
5
-6-
LSB
1780YH
(6)
88
js/jh
6/
6
