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HomeMy WebLinkAbout1977-02-01 OrdinanceREWITIAL LANDLORD AND TENANT ORD&CE ARTICLE I General Provisions and Definitions Part I ' Short Title, Construction, Appllcatlon and Subject Matter of the Ordinance Section 1.101. (Short Title) This. Ordinance shall be known and may be cited as the 'Residential Landlord and Tenant Ordinance". Section 1.102. (Purposes; Rules of Construction) (a) This ordinance shall be liberally construed and applied to promote .:Its underly- ing purposes and policies. (b) Underlying purposes and policies of this Ordinance are •(1) to implememt the purposes of the Minimum Housing Standards, Chapter•9.30 of the.Municipal Code; (2) to clarify, the rights, and obligations of landlords and tenants; and (3) to encourage landlords and tenants to maintain and improve the quality of housing Section 1,103.(Supplemeniary Principles of Law ilpplicable) The principles of law and equity, including the law relating to capacity to contract, mutuality of obli- gations, principal and agent, real property, public health, safety and fire preven- tion, estoppel„ fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or Invalidating cause' supplement the provisions of this Ordi- nance. Section 1.104. (Construction Against Implicit Repeal) This Ordinance being a goner - a1 act intended as a,unified coverage'of its subject 'matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided. Section 1.105, (Settlement of Disputed Claim or Right) A claim or right arising un- der. this Ordinance or on a rental agreement, if disputed 1n good faith, may be set- tled by agreement provided that. such an agreement contains no unconcionable provis- ion. Part II Scope and Jurisdiction Seqtion 1.201. (Territorial Application) This Ordinance applies to and regulates the occupation of all residential rental properties located within this City. r Sectfon 1.202: (Exclusions from Application of Ordinance) Unless created to avoid the application of this ordinance, the following arrangements are not governed by this Ordinance: (1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or simi- lar service; (2) occupancy under a contract'of sale of a dwelling unit or the property of which it is a part, if the 'occupant is the purchaser or a person who succeeds to his/her interest, (3) occupancy by a member of a fraternal or social orgnnization in the portion of a structure operated for the benefit of the organization; (4) -transient occupancy.09loan than one month in a hotel, or motel; (5) occupnney by an employee of ❑ landlord whose right to occupancy in conditional upon employment in and about the prvmeses; 1 2132 (6) occupancy by an owi}Er of a condominium unit or a Moor of a proprietary lease In a cooperative; (7) occupancy under a rental agrcem(_'nt covering premis:%'us.d by the occupant pri- marlly for agricultural purposes. fart III General Definitions and Principles of Interpretation; Notice Section1.30). (reneral llefinitlons) Subject to additional definitions contained in subsequent Articles of this Ordinance which npp ly to specific Articles or Parts thereof, and unless the context otherwise requires, in this Ordinance: (1) 'action' includes recoupment, set-off, suit in equity, and.any other procee- ding in which rights are determined, including an action for possession; (2) 'building and housing codes''include any law, ordinance, or governmental iogu- lation concerning fitness for habitation, or the construction, maintenance, opera- tion, occupancy, use, safety, or appearance of any premises or dioelling unit; (3) 'dwelling unit'.means a structure or the part of a structure t�at'is used as a home, residence, or-sleepingplace by one person who maintains a household or by two or more persons who maintain a common household; (4) 'good faith' means honesty in fact in the conduct of the transaction concerned; (5) 'household' means's person or persons, whether legally related or not, who oc- cupy and use in common a single dwelling unit for residential purposes; (6) 'landlord' means the owner, lessor, or sublessor trot to ipclude a former ten- ant subleasing a single dwelling unit), or a'trustee, or anexecutor.in probate, of the dwelling unit of the building of which it is a part,. and it.also means n manager of the 'premises who fails to disclose as required by Section 2.102; (7) 'organization''includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons.hdving a joint or common interest, and any other legal or commercial enti- ty; (8) 'owner' means 'one or more persons, jointly or severally, in whom is vested (f) all or part of the legal title to property or (ii) all or part of the immediate beneficial or possessory interest in the premises and a right to present use`and enjoyment of the premises. The term includes a mortgagee in possession; (9) 'person' includes an individual or organization; (10) 'premises' means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and,grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant; (11) 'rent' means all payments Eo'be made to the landlord under the rental agree- ment; , (12) 'rental agreement' means all agreements, and,all'valid rules and regulations adopted under Section 3.102, embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; (13) 'roomer' means a person occupying a dwelling unit that does not include all of the following: a toilet, elther,a bath tub or a shower, a refrigerator, a stove, and a kitchen sink, where one or more of these facilities are provided by the land- lord for the common use of occupants in the structure. .(14) 'she' means she and/or he;. (15) 'single family residence' means a separate structure maintained and used by a single household as n dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family residence If It has direct access to a street or thoroughfare and shares neither heating faclll- ties, hot watwr equipment, nor any other essential facility or service with any 2 other dwelling unit; • • (16) 'tenant means a person or persons entitled under a rental agreement to occupy a dwelling unit to the exclusion of other parsons who are not members of the some household. Section 1.302. (Onconscionnbi.lity) (a) If the court. as a matter of law, finds (1) a rental ngreement or nny provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agree- ment without the unconscionable provision, or limit the application of any uncon- scionable provision to avoid.an unconscionable result; or (2) a settlement in which.a party waives or agrees to forego'a claim or right under this Ordinance or under a rental agreement -was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the 'settle- ment without the unconscionable provision, or limit the application of any uncgn- scionable provision to avoid an unconscionable result.' (b) If unconscionability is put into issue by a party or by the court upog, its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination., Section1.303. (Obligation of Good Faith). Every duty under this Ordinance and every act which must be performed as a condition precedent to the exercise of a . right or remedy 'under this Ordinance imposes an obligation of good faith in its performance or enforcrment. Section 1.304. (Notice) ' (a) A person has notice of,a fact if (1) s/he has actual knowledge of it; (2) s/he has received a notice or notification -of it; or (3)'from'all the facts and circumstances known to him/her at the time in ques- tion, s/he has reason to know that it exists. A person "knows" br "has knowledge" of a fact'if`'s/he has actual knowledge of it. (b) a person "notifies" or "gives" a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not 'fke other actually comes to know of it. A person "receives' a notice or no- tification when (1) it comes to his/her attention; or (2) in'the ansa of the landlord, it is delivered at the place of business of the landlord' through which the rental agreement was made or at 'any place held. out by him/her as the place for receipt .of the communication; or (3) id the case of the tenant, it is. delivered in hand to the to;ant or mailed, by regieteced or certified mail to him/her at the place hold out by him/her as the place for receipt of the communication, or in the absence of such designation, to his/her last known place of residence. (c) "notice", knowledge of a notice, or notification` received by an organization . is effective for a particular transaction from the time it is brought to the at- tention of the individual conducting that transaction, and: in any event from the time it would have been brought to hie/her attention if the organization had exer- cised reasonable diligence. Part IV General Provisions Section 1,401. (Terms and Conditions of Rental Agreement) (a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited, by this Ordinance or other rule of la;v. M Rent is payable wit out demand or notice at the time, d place agreed upon by the parties. Unless otherwise agreed, rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Rcnt is uniformly apporLl.nnablo from day to day. (c) Unless thu rentalagreement fixes a definite term, the tenancy is week -to -week In case of a roomer who pays a weekly rent, and in all other cases month-to-month. Section 1.402. (Effect of Unslgnud or Undelivered Rental Agruement) (a) If the landlord does not sign and dullvcr a written rental agreement signed and delivered to Lim/her by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered .by the landlord, (b) If the tenantdoes. not sign and deliver a written rental agreement signed and delivered to him/her by the landlord, acceptance of possession and payment of rent without reservation gives the tenial agreement the same effec.t.as if it had been signed and delivered by the tenant. (c) If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective for only one year. Section 1.403. (Prohibited Provisions in Rental Agreements) A rental agreement may not 'provide that the tenant: (1) agrees, to waive or forego rights or remedies under this Ordinance or under any other applicable ordinance or law; (2) authorizes any person to confess judgement on a claim arising out of the rental, agreement; .(3) agrees to pay the landlord's attorney's fees; or (4) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith. (';), A provision piohibiEed by subsection (a) included, in a rental agreement is unenforceable. If :a landlord uses a rental agreement containing provisions known by•hAm/her to be prohibited,' the tenant may recover in addition to hie actual dam- ages an amount not, less than one month's nor more than three months' periodic rent and.reasonable attorney's fees and court costs. . Section 1.404. (Required Provisions in Rental Agreements) A written rental agree- ment.evidencing the understanding of the parties shall be executed by both the landlord.and the tenant and 'shall be subject to the following conditions': (a) the rental agreement shall be executed by all parties to the rental agree- ment in duplicate, one copy of'which shall be provided by the landlord to the ten- ant at the time of execution (b) the rental agreement shall specify any res trictions.as regards the use by the tenant of the leased premises and further specify any attendant rights to the use of the leased premises, including but not limited to, parking lot privileges, swimming pool privileges, etc.; (c) the ran -. :-I agreement shall plso contain: (1) a provision permitting a tenant to sub -lease or assign the apartment; (2) a provision acknowledging the landlord's responsibility to provide written receipts for all cash montes received from the tenant; (3) n covenant of habitability an herein provided; (4) an itemization of all services to be provided by the landlord to the tenant of whatsoever kind including but not limited to maintenance of gardens and grounds, provisions for trash removal, etc., provided that the landlord shall have the right to alter, modify, substitute or change such servides so long an the new service is substantially alml- lar or equal to the original service itemized In the rental agreement; 1, (5) an itemizati of all equipment provided by 01Llord to tenant inclu- ding but not limited to air conditioninf;, heat. water, hot wnter-, wash- ars, dryers, humidif.iars, de-humidifier6, dishwashers, nod garbage dis- posals, provided that Cha landlord shall hnvu the right to alter, modi- fy, substitute or change :;uch cqulpmcnt so long as the new equipment is substnntlally similar hr equal to the original cgnLpmunt itemized In the rental ay,ret•ment; (6) provisions enumerating the number of potions authorized to occupy said premises not to include occnstonal guests; (7) a provision allowing the tenant to specify the term of the rental agree- ment for a period of three months to one year. (C) Each obligation imposed on a tenant or on a landlord by this ordinance shall be a provision of every rental agreement whether or not explicit'. expressed in the rental agreement. Section 1.405. (Rental Agreement Renewable by Tenant except for Just Cause) e.t the end of the term of a rental agreement the tenant may renewthe rental agreement except upon establishment of one of the following grounds as just cause: (a) the tenant has without legal justification and subject to the provisions of Suction,4.201 failed to pay rent which is due and ownng; (b) the tenant,has continued to be, after written notice to cease., so disorder- ly as to destroy the quiet enjoyment of the other ,tenants in. the building; (c) the person has willfully or by reason of gross negligence caused or allowed, destruction, damage or injury to the premises; (d) the person has continued, after notice as required in Section 4.2Q1(a), to. substantially violate or breach any of the covenants or agreements contained in the rental agreement for the premises where a right of re-entry is reserved to the landlord in the rental agreement for a violation of sgch covenant or agreement, provided that.such covenant or agreement is,reasonable and in compliance with all applicable provisions of this Ordinance;. (e) the tenant.has continued, after notice as required 1n.Section 4.201(x), to substantially. violate or.breach any of the landlord's rules and regulations gover- ning said premises, provided such rules and regulations are reasonable and are in compliance with all applicable provisions of this Ordinance; (f) the landlord proposes, at the termination of the rental, agreement, reason- able changes of substance in.the terms and conditions of .the rental agreement, in- cluding specifically any increase .in rent,, provided the increase,ln rent is not unconscionable, which the tenant, after two months', written notice, refuses to ac- cept; (g) the landlord seeks to permanently boord up or demolish the premises because he has been cited by the Housing Inspector for substantial violations of the Mini- mum Housing Standards and it is economically unfeasible for the landlord to cor- rect the violations, subject to the provisions of, Section 4.105; (h) the landlord seeks to retire permanently the residential building from res- idential use, provided this paragraph shall not apply to circumstaOces•govered un' der paragraph (g) of this section; (j.) the landlord is,converting from .the rental market to a condominium.or a, cooperative. I • Section 1.406. (Rental permit, Certificate of Occupancy Conditional,. upon Compli- ance with this Ordinance) The landlord's compliance with the: provisions of this Ordinance shall be a condition far the issuance of a valid rental permit and cer- tificate of occupancy. The (lousing Inspuctor shall receive and investigate all complaints arising under this Ordinance and upon a finding, that a landlord is in violation of any provision of this Ordinnnre shallnotify the landlord of the vio- 1 :I,,: b • eL t ,. lation and shall. ordeol a landlord to correct the vioeon within a reasonnblc_ time not to -exceed one month. If nt the end of thu period allowed by the Rousing Inspector the landlord has not cured the violation-tho Rousing Inspector shall re- voke the landlord's rental permit and certificate of occupancy. The Rousing Iu- spector shall reinstate the lnndlord's runtul puradt and certificate of occupancy when s/he determines that the landlord is in compliance with all provisions of this Ordinance. Section. 1.407. (Separation of Rents and Obligations to Maintain Property Forbidden) A rental agreement, assignment, conveyance, trust. deed, or security instrument may not permit the receipt of rent free of the obligation .to comply with Section 2.104(a). Article II Landlord Obligations Section 2.101. (Rental Deposits) Rental deposits shall be governed by the Code of Iowa, 1975, .Chapter 562.16 and the provisions of that Chapter are hereby made a .p part of this Ordinance by reference subject to the following supplementary provi- sions: (n) A landlord may not demand or receive a deposit, however denomionted, in an am- ount or value in excess of one month's periodic rent nor any addarlce'payment of rent except the rent for one period which is.due at the beginning of that period. (b) Landlord and tenant may agree in the rental agreement that interest on. the rental deposit shall be payed to the tenant. (c) The landlord shall, at the commencement of a tenancy, provide to the tenant a checklist of damages and defects. The landlord and the tenant "shall together ex- amine the dwelling unit and .list on the checklist all observable damages or defects and the condition of all equipment and furnishings supplied by the landlord. Both parties shall sign two copies and each shall retain one. If the landlord fails to supply the checklist .or fails to sign the completed checklist s/he shall lose all claim to any portion of the•.deposit for the purpose,of Chapter 562.16of the Code of Iowa. If latent defects become manifest or if defects are repaired 'durink a tenancy the checklist shall be revised and all revisions shall be initialed and dated by both tenant and landlord. (d) At the.termination of a tenancy the. landlord shall examine the dwelling unit in the presence of the tenant ;and shall immediately give written notice to the tennnt of any claims to be made on the deposit. The landlord may not make nny de- ductions from the deposit for items listed on the current checklist or for any defects not caused by.the;negligence of the tenant or for any item not specified In the.notice given the tenant.at termination. (e) If the tenant fails to examine the dwelling unit with the landlord nt termi.- nation the landlord may claim for any defect caused by the tenant and 'not on the .current checklist. If the landlord fails to return the deposit to the tennnt or fails to furnish to the tenant a written statement showing the specific reason for the withholding of the deposit or any portion thereof together with that por- tion of the deposit due the tenant within thirty days from the date of termina- t1on of the tenancy and receipt of the tenant's mailing address or delivery in- structions the tenant may recover the deposit and damages in an amount equnl to twice the amount of the deposit and reasonable attorney's fees and court costs. 6 (f) Nothing in this S•tion shall prevent landlord ortenant,,from recovering other damages to which s/he may be entitled under this Ordinance or under any other rule of law. Section 2.102. (Disclosure) (a) A landlord or any person authorized to enter into a rental agreement on his/ her behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of (1) the person authorized to manage the premises; and (2) an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands. (b) The information required to be furnished by this Section shall be kept cur- rent and this Section extends to and is enforceable against any successor land- lord, owner, or manager. (c) A person who fails to comply with subsection (a) becomes an agent of each per- son who is a landlord for: (1) service of process and receiving and receipting for notices and demands; and . . . (2) performing the obligations of the landlord under this Ordinance and under the rental agreement and expending or making available for the purpose all rent collected from the premises. Section 2.103 (Landlord to Deliver Possession of Dwelling Unit) At the commencement of the term a landlord shall deliver possession of the premises to the tenant in compliance with the 'rental agreement and Section 2.104. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in Section 4.301(c). Section 2.104 (Landlord to Maintain Premises) (a) A landlord shall (1) comply with the requirements of applicable building and housing codes materially affecting health and safety; (2) make all.repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) keep all common areae of the promises in a clean and safe condition; (4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him/ her; (5) provide and maintain appropriate receptacles and conveniences for the fremoval of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal, and (6) supply running water and reasonable ammunts of hot water at all times and reasonable heat between October 1 and May 1 except where the building that in- cludes the dwelling unit to not required by law to be equipped for that purpose, or the dwelling unit to so constructed that heat or hot water to generated by an installation within the exclusive control of the tenant and supplied by a dir- ect public utility connection and the tenant is billed directly by the utility company. (b) If the duty imposed by paragraph (1) of subsection (a) is greater than any duty imposed by any other paragraph of that subsection,' the landlord's duty shall be determined 6y reference to paragraph (1) of subsection (a). (c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in paragraphs (5) and (6) of subsection (a) and also specified repairs, maintennnce tasks, alterations, and remodeling, but only If the trnnsaction 1s entered into In good faith and not for the purpose of cvvling the 61 Igrations of the landlord. 7 (d) The landlord and Ant of any dwelling unit other 4kn a single family re- sidence may agree that the tenant is Lo perform specified repairs, maintenance tasks, alterations or remodeling unly if (1) the agreement of the parties is entered into in good fnith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequnte consideration; (2) the agreement does not diminish or affect the obligations of the landlord to other tenants in the premises. (3) The landlord may not treat performance of the separate agreement described in subsection (d) as a condition to any obligation or performance of any rental' agreement. Section 2.105. (Landlord not to Discriminate) The provisions of Chapter 10.2 of the Municipal Code of the City of Iowa City insofar as they apply to discrimination in the rental of residential dwellings are hereby made a part of this Ordinance by reference subject to the following amendments and supplementary provisionsc (a) No landlord may in the rental of a dwelling unit discriminate against any person on the basis of race, color, creed, religion, nationality, sex, ancestry, age, lawful -occupation, marital status, affectional preference, the fact that the person or a member of the person's household has a disability or handicap, the fact that there are children in the person's household or the number of such children (except in compliance with any applicable law concerning minimum space require- ments in dwellings), or the fact that the person receives public financial assis- tance of any kind. (b) If a landlord is found by a court of competent jurisdiction to have violated subsection (a) of this section the Housing Inspector shall suspend the landlord's rental permit and certificate of occupancy for a period of three months. The City shall during this period have all the rights of the landlord and may manage, let rental units, contract for all repairs and rehabilitation as needed, exercise any landlord remedies provided by this Ordinance, and collect rents, which shall be placed in an escrow account and used to pay all costs connected with managing the premises. At the end of the three month peilod the City shall distribute to the tenants pro -rated shares of any monies remaining in the escrow account and shall reinstate the landlord's rental permit and certificate of occupancy. (c) If the same landlord shall be found in violation of subsection (a) of this section a second time the penalty specified in subsection (b) shall again apply except that the period shall be six months. Section 2.106. (Limitation of Liability) (a) Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this Ordinance as to events occurring after written notice to the tenant of the conveyance. However, s/he remains liable to the tenant for all security recoverable by the tenant under Section 2.101 and all prepaid rent. (b) Unless otherwise agreed, a manager of premises that Include a dwelling unit is relieved of liability under the rental agreement and this Ordinance as to events occurring after written notice to the tenant of the termination of his/her management . Article III Tenant Obligations Section 3.101. (Tenant to Maintain Dwelling Unit) A tenant shall (1) comply with all obligations primarily imposed upon tenants by applicable pro - 0 visions of building-aleousing codes materially affec 0 health.agd,spfety; (2) keep' that part of the premises that s/he occupies and uses ns reasonably clean and safe as the condition of the premises permits; (3) dispose from his/her 'dwell Ing unit all ashes, garbage, rubbish, and other wnatc In n clean nod safe winner; (4) keep all plumbing fixtures In the dwelling unit or used by the tenant as clean as their condition permits; (5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ven- tilating, air-conditioning, and other facilities and'appliances including eleva- tors in the premises; ' (6) not deliberately or negligently destroy, deface, impair, or remove any part of the premises or knowingly permit any person to do so; and (7) conduct himself/herself and require 'other persons on the premises with his/ her consent and under his/her control to conduct themselves -.in a manner that will not disturb his/her neighbors' peaceful enl.oyment of 'the premises. Section 3.102 (Rules and Regulations) (a) A landlord, from time to time, may adopt a rule or regulation, however de- scribed, concerning the tenant's use and occupancy of the premises. It is en- forceable against the tenant only if (1) its purpose is to promote the convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of serviced and facilities held out for the tenants generally; (2) it is reasonably related to the purpose of which it is adopted; (3) it applies to all tenants in the premises in a fdir manner; (4) it is sufficiently explicit in its. prohibition, direction, or limitation of the tenant.`.s conduct to fairly inform him/her- of what s/he must or'must not do to comply; (5) it is not for the purpose and does not have the result of evading obliga- tions of the landlord; • (6) the tenant has notice of - it at the times/he enters into the rental agreement or when it is adopted. (b) If a rule or regulation is adopted after the tenant enters into the rental agreement that works a substantial modification of the rental agreement it is not valid unless the tenant -.consents to it in writing. Section 3.103. (Access) (a) A tenant shall not unreasonably withhold consent to the landlord to enter in- to the dwelling unit in order to inspect the premises, make necessary or agreed repairs,d0corations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. (b) A landlord may enter the dwelling unit without consent of the tenant in case of emergency. (c) A lhndlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least two days' notice of his/het Intent to enter and may enter only at reasonable times. (d) A landlord has no other right of access except (1) pursuant to court order; (2) as permitted by Sections 4.202 and 4.203(b); or (3) unless the tenant has abandoned or surrendered the premises. Section 3.104. (Tenant to Use and Occupy) Unless otherwise agreed, a tenant shall occupy [tin/her dwelling unit only .vz a dwel- ling unit. The.. rental agreement may require that the tenant notify the landlord 9 • Article IV • Remedies Part T Tenant Remedies Section 4.101. (Noncompliance by the Landlord --Ln General) (a) Except as provided in this Ordinance, if there is a material noncompliance by the landlord with the rental agreement or n noncompliance with Section 2.104 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days, and the rental agreement shall terminate as provided in the notice subject to the fol- lowing: (1) If the breach is remediable by repairs, the payment of damages or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate by reason of the breach. (2) If substantially the same act or omission which constituted'a prior noncompli- ance of which notice was given recurs within six months, the tenant may termi- nate the rental agreement upon at least fourteen days written notice specify- ing the breach and the date of termination of the rental agreement. (3) The tenant may not terminate for a condition caused by the deliberate or neg- ligent act or omission of the tenant, a member of his/her household or a person on .the premises with his/her consent and under his/her control. (b) .Except as provided in this Ordinance, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the ren- tal agreement or Section 2.104. If the landlord's noncompliance is willful the tenant may recover reasonable attorney's fees and court costs and punitive dam- ages. (c) The remedy provided in subsection (b) is in addition to any right of the ten- ant arising under Section 4.101(a). (d) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under Section 2.101 and all prepaid rent. Section 4.102. (Failure to Deliver Possession) (a) If the landlord fails to deliver possession of the dwelling unit to the ten- ant As provided in Section 2.103, rent shall abate until possession is delivered and the tenant may (1) texminate the rental agreement upon at least five days' written notice to the landlord and upon termination the landlord shall return all prepaid rent and security and the tenant may recover the actual damages sustained by hlm/her and reasonable attorney's fees and court costs; or (2) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the actual damages sustained by him/hor and reasonable attorney's fees and court costs. (b) If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than three months' periodic rent or threefold the actual damages sustained, which- ever is greater, and reasonable attorney's fees and court costa. 10 Section 4. 103. (Self-Itelp for Minor Defects) • (a) If the landlord fails to comply with tho rental agreement or Section 2.104, and the reasonable cost of compliance is less than $100, or an amount equal to one-half the periodic rent, whichever amount is greater, for all the breaches known by the tenant to exist at thu time s/hc• chooses to exercise this remedy, the tenant may recover damages for the brench under Section 4.101(b) and may noti- fy the landlord of his/her intention to correct the condition at the landlord's expense. If the landlord fnils'to comply within fourteon days after being notified by the tenant In writing or an promptly an conditions require in case of emergency, the tenant may cause the work to be done in a workmanlike manner and, after sub- mitting to the landlord an itemized statement, deduct from his/her rent the actual and reasonable costoor the fair and reasonable value of the work, not exceeding the amount specified in this paragraph. (b) A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his/her household or a person on the premises with his/her consent and under his/her con- trol. Section 4.104. (Rent Withholding, Rent Abatement for Major Defects) (a) If the landlord fails to comply with the rental agreement or Section 2.104 and the cost of compliance for all.the breaches known by the tenant to exist at the time s/he chooses to exercise this remedy exceed $100 or one-half the periodic rent, whichever amount is greater, the tenant may notify the Housing Inspector of the breach. The (lousing Inspector shall upon inspection and upon verification of the breach, 'notify the landlord of the breach and 'shall order the landlord to remedy the breach in a reasonable time, not to exceed one month. (b) If the landlord does not remedy the breach within one month or as soon as necessary in case of emergency after receiving notice by the dousing Inspector, the duty of the tenant to pay rent is suspended. The Housing Inspector shall upon reinspection and upon verification of the continued noncompliance certify the ten- ant for rent withholding and notify the landlord of the tenant's eligibility for rent withholding. (c) Upon receiving eligibility for rent withholding, the tenant shall withhold IOOZ of the periodic rent for the period of the non-compliance and deposit the rent withheld into an escrow account in a bank or trust company approved by the City of Iowa City. If the landlord cannot -or is unwilling to pay utility services for which s/he is obligated, the City shall use withheld rent for this purpose. (d) The landlord may recover all monies remaining in the escrow account upon re- certification of the dwelling unit by the Housing Inspector. (e) If the .landlord fails to remedy the breach within one month.after receipt of second notice by the Housing Inspector, the tenant may: (1) recdver all withheld rent and recover any rent already paid during the per- iod of noncompliance, and•terminate'the rental agreement; or (2) continue occupancy and -continue paying rent into an escrow account until the City, as provided in Section 4.105 brings the dwelling unit into compliance: (3) In addition to the remedies provided in (1) and (2) of this paragraph the tenant maintains all rights to recover any actual damages and reasonable attorney's fees and court costa. (f) If contrary to the rental agreement or Section 2.104 the landlord falls to supply hent, running water, hot water, electric, gas or any other services or e- quipment essential to the health, safety, or welfare of the tenant, the tenant's obligation to pay rent is suspended. The Housing Inspector upon inspection and upon vi!riflcation of the breach nhnll immedlntely certify the tenant for rent n- batement and shall notify the landlord of tcu.uct's eligibility for rent abatement. The tenant may, upon riving eligibility for rent ahlmen t: (1) abate 1002 of the periodic rent for the period of the noncompliance and re- cover any rent already paid during the period of the noncompliance; and (2) procure reasonable substitute housing during the period of the noncompliance and recover the difference between the actual and reasonable cost or fair and rea- sonable value of the substitute housing and the periodic rent; or (3) terminate the rental agreement. ' (4) In addition to the remedies provided in paragraphs (1), (2), and (3) the tenant maintains all, rights to recover actual damages and reasonable, attorney's fees and court costs. (g) Rights of the tenant under this section do not arise until notice has been given to the landlord by the Housing Inspector or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his/her household or a person on the premises with the tenant's consent and under the ten- ant's control. section 4.105. (City Receivership) (a) If the landlord does not remedy the breach under Section 2.104 or Section 4.104 within one month after receipt of a second notice by the Housing Inspector, the City shall upon inspection of the dwelling unit: (1) revoke the landlord's rental permit and certificate of occupancy; and (2) remedy, the breach when in its judgement a failure to do so will' endanger the public health, safety, or welfare and the cost of such action .will not exceed 50% of the fair market value of the dwelling unit to be repaired. (b) Notice of the intention to make such repairs or to take other corrective ac- tion shall be served upon the owner, operator, or agent. (c) Every owner, operator or agent of a dwelling unit who has received notice of the intention of the City to make repairs or to take other c orrective action shall give entry and free access to the agent of the City for the purpose of making such repairs. Any owner, operator, or agent of a dwelling unit who refuses, impedes, in- terferes with, or hinders , or obstructs entry by such agent pursuant to a notice of intention to make repairs or take other corrective action shall be subject to a civil penalty.of not less than 25 nor more than 100 dollars for each such failure to comply with this section. Each day on which access is denied shall constitute a separate violation of this provision. (d) When repairs are made or other corrective action taken at the direction of the City, the cost of such repairs and corrective action shall constitute a debt in favor of the City against the owner of the repaired 'structure. In the event such owner fails, neglects, or refuses to pay the City the amount of this debt, it shall be recoverable in a civil action against the owner or his/her successor, brought in'a court of competent jurisdiction by the City, which'shall possess all rights of a private creditor and shall have a lied prior to all other claims on all future rents and on the premises: Section 4.106. (Fire or Casualty Damage) (a) If the duelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired the tenant may: (1) immediately vacate the premises and notify the landlord in writing within fourteen days thereafter of his/her intention to terminate the rental agreement, in which case the rental agreement terminates no of the date of vncating; or (2) if continued occupancy is lawful, vacate any part of the dwelling unit ren- dered unusable by the fire or casualty, in which case the tenant's liability for rent ahall'be in proportion to the diminution In the fair rental value of the dwelling unit. 12 (b) If the rental agreement is terminated the landlord 9 Pall return all security recoverable under Section 2.101 and all prepaid rent. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty. Section 4.107. ('r.a,alul'S Remrdl.:d rut i_�ndinrd's Unlawful Ouster, Exclusion, or Diminution of service) If a -landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant -by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to not less'than one month's nor more than three months' periodic rent or threefold the actual damages sustained by the tenant, whichever is greater, and reasonable attorney's fees and court costs. If the rental agreement is terminated the landlord shall return all securi- ty recoverable under Section 2.101 and all prepaid rent. Part II Landlord Remedies Section 4.201. (Noncompliance with Rental Agreement; Failure to Pay Rent) (a) Except as provided in this Act, if there in a material noncompliance by -the tenant with the rental agreement or a noncompliance with Section 3.101 materially affecting health and safety, the landlord may deliver a written notice to the' tenant specifying the acts and omissions constituting the breach And that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice. If the breach is not remedied in fourteen (14) days, the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenAnt adequately remedies the breach before the date specified in the notice, the rental agreement "shall not terminate. 'If substantially the same act or omission which consituted a prior noncompliance of which notice was given recurs within six (6) months, 'the 'landlord may terminate the rental agreement upon at least thirty (30) days' written notice specifying the breach and the date of termination of the rental agreement. (b) If rent to unpaid when due subject to the provisions of Section 4.104 and the tenant fails to pay tent within fourteen (14) days after written notice by the landlord of nonpayment and his/her Intention to terminate the rental agreement If the rent isnot paid within that period the landlord may terminnte the rental agreement. (e) Except as provided in this Act, the landord may recover nctunl damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or Section 3.101. If the tenant's noncompliance is willful the landlord may recover reasonable attorney's fees. Section 4,202 (Remedies for Absence, Nonusa and Abandonment) (a) If the rental agreement requires the tenant to give notice to the Inndlord of an anticipated extended absence in excess of fourteen (14) days an required in Section 3,104 and the tenant willfully fails to do,so, the landlord may recover actual damages from theltenant. (b) Ooring any absence of the tennt in excess of fourteen (14) days, the landlord may enter the dwelling unit at times reasonably necessary. (c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent the dwelling unit at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental Agreement It terminates nn of the date of the naw tenancy. If the Inndlord falls to use reasonable efforts to rent thu dvcllir.g unit nt ■ fnir rental or 1f the landlord 13 JI q accepts the abandonment#8 a surrender, the rental agret t is deemed to be termi- nated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month-to-month or week -to -week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be. Section 4.203. (Waiver of Landlord's Right to 'terminate) Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him/her that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred. Section 4.204. (Remedy for Termination) If the rental agreement is terminated, the landlord has a claim for possession and a separate claim for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees as provided in Section 4.201 (c). Section 4.205. (Recovery of Possession Limited) A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of hent, running water, hot water, electric, gas, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this Ordinance. PART III PERIODIC TENANCY; HOLDOVER; ABUSE OF ACCESS Section 4.301. (Periodic Tenancy; Holdover Remedies) (a) The landlord or the tenant may terminate a week -to -week tenancy by a written notice given to the other at least seven days before the. termination. date specified in'the notice. )The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the periodic rental date specified in the notice. (c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. If the landlord consents to the tenant's continued occupancy, Section 1.401 (d) applies. Section 4.302. (Landlord and Tenant Remedies .for Abuse of Access) (a) If the tenant refuses to allow lawful access, the landlord may obtain injunc- tive relief to compel access, or terminate the rental agreement. In either case the landlord may recover actual damages. (b) If the landlord makes an unlawful entry.or a lawful entry in an unreasonable manner 'or makes repeated demands for entry otherwise lawful but which have the effect of unreaadnably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees and court costs. Article V Retaliatory Conduct Ieetinn 5.101. (Retaliatory Conduct Prohibited) (a) Except as provided In this section, a landlord may not retaliate by increasing, rent or decreasing services or by bringing or threatening to bring an action for possession or by abuse of access or by any other retaliatory conduct after: (1) the tenant has complained to a governmentnl ngency charged with responni- bility for enforcement of a building or housing code of n violation applicable to the premises, or lh n u ,(2) the tenant has complained to the landlord of a breach -.of the renta,l.agree- ment or of any violation of this Ordinance, or (3) the tenant has organized or become a member of a tenant's union or similar organization, or (4) the tenant has tried in any lawful manner to enforce any rights provided under this Ordinance or under the rental agreement. (b) If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in Section 4.107 and has a defense in any retaliatory action against him/her for possession... In an action by or against the tenant; the occurrence of any action protected by -this section within one year before the alleged act of retaliation creates a presumption that.the landlord's conduct was in retaliation. "Presumption" means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. (c) Notwithstanding subsections (a), and (b), a landlord may bring an action for possession if: (1) the violation of the applicable building or hobsing code was caused pri- marily by lack of reasonable care by the tenant, a member of his family, or other person on the premises with his/her consent and under hit/hdr control, or (2) the tenant is unlawfully in'default iii rent;' or (3) 'compliance vith the applicable building or housing code requires altera- tion, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit: (d) The maintenance of an action under, subsection (c) does not release the landlord from liability under Section 4.101 (b). (e) In addition 'to any other remedies for a'breach under this section the tenant may seek injunctive relief. ' Article VI Appeal Section 6.101. (Housing Appeals Board) The Housing Appeals Board created by Chapter 9:30 of the Municipal,Code of Iowa City, subsection 9.30.311 is hereby empowered to hear appeals as specified in this Ordinance, Chapter 9.30 of the Municipal Code, subsections 9.30.36 and 9.30.3C is hereby ameoded•as follows: (a) As of the effective date of this Ordinance the terms of all members of the Housing Appeals Board shall expire and the City Council shall appoint new members subject to the following provisions: (1) The Board shall be composed of seven members, Four members shall be tenants and at least one member shall be a landlord. (2) The first four members appointed shall serve for two years and the other three members fo one year. (3) Vacancies occurring during a term shall be filled for the remainder of that term. (4) At the expiration of any term a new member shall be appointed for a term of two years. (b) Any person affected by any notice which has been isnued In connection with the enforcement of any provision of Chnpter 9.30 of the Municipal Code or by any notice which has been isnued in connertlon with the enforcement of thin Ordinance may request, and shall be granted, a hearing on the matter before the Housing Appeals Board provided that such person shall file in the office of the (lousing Inspector a written petition requesting such hearing and setting forth n brief statement of the grounds therefore within ten days after the date the notice 15 0 was served. Upon receipt of such petition, the Housing Inspector shall set a time and place for such hearing, shall give the petitioner and other affected parties written notice thereof, and shall take no further enforcement action pending the outcome of the hearing. At such hearing, the petitioner shall be given an oppor- tunity to be heard and to show why such notice should be modified or withdrawn and any other affected party shall be given an opportunity to be heard and to show why such notice should be sustained, modified, or withdrawn. The hearing shall be commenced not later than twenty days after the date on which the petition was filed provided that upon application of the petitioner the Rousing Appeals Board may postpone the date of the hearing for areasonabla time, not to exceed thrity days, if in the Board's judgement the petitioner has submitted a good and sufficient reason for such postponement. Article VII Effective Date, Repealer, Savings Clause, Severability Section 7.101. This Ordinance shall become effective after its final passage, approval, and publication as required by law. It applies to rental agreements en- tered into or extended or renewed on and after that date. Section 7.102. (Specific Repealer) The following ordinnnces and parts of ordinances are hereby amended: Chapter 9.30 of the Municipal Code of the City of Iowa City. Section 7.103. (Savings Clause) Transactions entered into before the effective date of this Ordinance and not extended or renewed an and after that date, and the rights, duties, and interests flowing from them remain valid and may be ter- minated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this Ordinance as though the repeal or amendment had not occurred. Section 7.104. (Severability) If any provision of this Ordinanc6 or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. 16