Read the full stored bill text
Senate
File
2353
-
Introduced
SENATE
FILE
2353
BY
WESTRICH
A
BILL
FOR
An
Act
relating
to
residential
tenant
responsibility
for
1
utility
charges,
providing
civil
penalties,
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
384.84,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
9A.
A
city
or
city
utility
shall
not
3
assess,
certify,
or
collect
unpaid
utility
charges
as
a
lien
4
against
real
property
if
the
utility
service
was
provided
to
5
a
tenant
who,
under
a
rental
agreement,
was
responsible
for
6
payment
of
the
utility
charges.
7
Sec.
2.
NEW
SECTION
.
562A.9A
Tenant
responsibility
for
8
utility
charges
——
enforcement.
9
1.
For
purposes
of
this
section,
“utility”
means
a
public,
10
municipal,
or
cooperative
owned
system
that
provides
water,
11
sewer,
sanitary
sewer,
storm
water,
electric,
natural
gas,
or
12
other
similar
utility
service
to
residential
rental
property.
13
2.
If
a
utility
service
account
is
established
in
the
name
14
of
a
tenant,
or
if
a
rental
agreement
provides
that
the
tenant
15
is
responsible
for
payment
of
utility
charges,
the
landlord
16
shall
not
be
liable
for
any
unpaid
utility
charges
incurred
by
17
the
tenant.
18
3.
A
utility
shall
not
do
any
of
the
following
to
collect
19
unpaid
utility
charges
incurred
by
a
tenant:
20
a.
Bill,
charge,
or
seek
payment
from
the
landlord.
21
b.
Transfer
or
attempt
to
transfer
an
unpaid
balance
to
an
22
account
of
the
landlord.
23
c.
Condition
the
initiation,
continuation,
or
restoration
of
24
utility
service
to
the
premises
on
payment
by
the
landlord.
25
d.
File,
record,
certify,
or
threaten
to
file,
record,
or
26
certify
a
lien,
assessment,
or
other
encumbrance
against
the
27
landlord’s
real
property.
28
e.
Use
any
indirect
act
or
practice
intended
to
compel
29
payment
by
the
landlord.
30
4.
A
utility
shall
maintain
separate
billing
and
collection
31
accounts
for
tenants
who
are
responsible
for
payment
of
utility
32
charges
and
shall
pursue
collection
solely
against
the
tenant.
33
5.
A
utility
that
violates
this
section
is
subject
to
34
a
civil
penalty
of
not
less
than
five
hundred
dollars
and
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2353
not
more
than
five
thousand
dollars
for
each
violation.
1
Each
billing
statement,
collection
notice,
lien
filing,
2
certification,
or
other
collection
attempt
constitutes
a
3
separate
violation.
4
6.
A
landlord
aggrieved
by
a
violation
of
this
section
may
5
bring
a
civil
action
to
recover
any
of
the
following:
6
a.
Actual
damages.
7
b.
Statutory
damages
of
one
thousand
dollars
for
each
8
violation.
9
c.
Injunctive
or
declaratory
relief.
10
d.
Reasonable
attorney
fees
and
court
costs.
11
7.
If
a
lien,
assessment,
or
certification
is
filed
or
12
recorded
in
violation
of
this
section,
the
utility
shall
13
release
the
lien
or
assessment
within
ten
days
after
receipt
of
14
written
notice
from
the
landlord.
Failure
to
timely
release
15
the
lien
or
assessment
constitutes
a
separate
violation
of
this
16
section.
17
8.
The
attorney
general
may
enforce
this
section
as
an
18
unlawful
practice
under
section
714.16
and
may
seek
civil
19
penalties,
restitution,
and
injunctive
relief.
20
Sec.
3.
APPLICABILITY.
This
Act
applies
to
utility
21
billing,
collection
activity,
lien
filings,
certifications,
and
22
enforcement
actions
occurring
on
or
after
the
effective
date
of
23
this
Act,
regardless
of
when
the
rental
agreement
was
executed.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
responsibility
for
payment
of
28
utility
charges
incurred
by
tenants
of
residential
units
and
29
provides
enforcement
mechanisms
and
penalties.
30
The
bill
prohibits
a
city
or
city
utility
from
assessing,
31
certifying,
or
collecting
unpaid
utility
charges
as
a
lien
32
against
real
property
when
the
utility
service
was
provided
to
33
a
tenant
who,
under
a
rental
agreement,
was
responsible
for
34
payment
of
the
utility
charges
under
the
bill.
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The
bill
provides
that
when
a
utility
service
account
is
1
established
in
the
name
of
a
tenant
of
a
residential
unit,
or
2
when
a
rental
agreement
assigns
responsibility
for
utility
3
payments
to
the
tenant,
the
landlord
is
not
liable
for
unpaid
4
utility
charges
incurred
by
the
tenant.
5
The
bill
prohibits
a
utility
company
from
engaging
in
6
specified
practices
to
collect
a
tenant’s
unpaid
utility
7
charges,
including
billing
or
charging
the
landlord,
8
transferring
unpaid
balances
to
a
landlord’s
account,
9
conditioning
utility
service
to
the
premises
on
payment
by
10
the
landlord,
filing
or
threatening
to
file
a
lien
or
other
11
encumbrance
against
the
landlord’s
real
property,
or
using
12
indirect
practices
to
compel
payment
by
the
landlord.
13
The
bill
requires
utilities
to
maintain
separate
billing
and
14
collection
accounts
for
tenants
who
are
responsible
for
payment
15
of
utility
charges
and
requires
utility
companies
to
pursue
16
collection
solely
against
the
tenant.
17
The
bill
establishes
civil
penalties
for
violations
in
an
18
amount
of
not
less
than
$500
and
not
more
than
$5,000
per
19
violation,
with
each
billing
statement,
collection
notice,
lien
20
filing,
certification,
or
other
collection
attempt
constituting
21
a
separate
violation.
22
The
bill
authorizes
a
landlord
aggrieved
by
a
violation
23
to
bring
a
civil
action
to
recover
actual
damages,
statutory
24
damages
of
$1,000
per
violation,
injunctive
or
declaratory
25
relief,
and
reasonable
attorney
fees
and
court
costs.
26
The
bill
requires
a
utility
company
that
files
or
records
27
a
lien,
assessment,
or
certification
in
violation
of
the
bill
28
to
release
the
lien
or
assessment
within
10
days
of
receipt
of
29
written
notice
from
the
landlord.
Failure
to
timely
release
30
the
lien
or
assessment
constitutes
a
separate
violation.
31
The
bill
authorizes
the
attorney
general
to
enforce
the
bill
32
as
an
unlawful
practice
under
Code
section
714.16
(consumer
33
fraud)
and
to
seek
civil
penalties,
restitution,
and
injunctive
34
relief.
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The
bill
applies
to
utility
billing,
collection
activity,
1
lien
filings,
certifications,
and
enforcement
actions
occurring
2
on
or
after
the
effective
date
of
the
bill,
regardless
of
when
3
the
rental
agreement
was
executed.
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