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HomeMy WebLinkAbout1976-12-21 Ordinancei ORDINANCE NO. 76-2822 6' AN ORDINANCE AMENDING ORDINANCE NO. 2359 (CHAPTER 9.54 OF THE MUNICIPAL CODE OF IOWA CITY, IOWA.) BY ENACTING A NEW SECTION WHICH PROHIBITS RETALIATORy EDUCT AGAINST TENANTS By THE OWNERS AND OPERATORS OF MOBILE HOME PARKS. SECTION I. PURPOSE health, safety and welfare of residents of mobile home retaliation against tenants who seek (1) enfor ce by le safety health codes or (2) to exercise their right to lawful assemblyin safety and improve their health, safety or welfare or assert other right . order to SECTION II. AtT, Ordinance No. 2359 (Cha Municipal Code of Iowa City, Iowa) shall be P� 9.54 of the ing provisions: attended by enacting the follow - 9.54.18 Retaliatory Conduct A. Retaliatory conduct is an increase ein rat en termination fees, ent or other fees a decrease of services, a termination or thr a rental agreement, of the bringing on the threat of bringing an action for possession which is the result of the tenant doing any one of the following; the tenant has crnVlained to a governmental agency charged with responsibilityfor or health c enfor"nt of a safety ode of a violation applicable to the premises mater- ially affecting health and safety; or e tenant has complained to the mobile ham park owner or operator of such a violation; or (3) the tenant has organized or became a member of a tenant's union or similar organization. B. In any action by or against the tenant, evidence of a complaint or other protected activity within six (6) nnnths before the action creates a presumption that the conduct on part of the nubile hate park owner or operator was retaliatory in nature. This presumption does not arise if the tenant engaged in such protected activity after notice of a proposed rental or fee increase, diminution of services or termination Of rental agreement. "PresuTption" 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 other provisions of this ordinance, a nubile home Park owner or operator may increase rent or other fees, decrease services, terminate a rental agreement, bring an action for possession or act otherwise upon a showing of, but not limited to, the following: (1) The condition or conditions found in violation of the health and safety codes were directly caused by the tenant or the members of the tenant's family beyond ordinary wear and tear. (2) The tenant has refused entry at reasonable timeer to the tions. s to the mobile home park owner or operator or agent of eith Premises for the purpose of correcting such condition or condi- the 22s8 Ord. #76-2822 • -2- 0 (3) Compliance with applicable safety or health codes require a reduction in services or an alteration, remodeling or demoli- tion which would effectively deprive the tenant of use of the leased premises. (4) The tenant is in default in rent. D. If the mobile hole park owner or operator acts or engages in retaliatory conduct as defined, the tenant has a defense in any action against him for eviction. In addition, the tenant may recover possession or terminate the rental agreement. If the rental agree- ment is terminated the mobile home park owner or operator shall return any and all amounts already paid by the tenant to which the mobile hole park owner or operator is not legally entitled. SE=cN III. REPEALER. All ordinances and parts of ordinances in con- flict with the provisions of this ordinance are hereby repealed. SECTION IV. SAVINGS CLAUSE. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by deProsse and seconded by Foster that the ordinance be finally adopted, and upon roll call there were: AYES: NAYS: x x x_ x x x f:�Zya�IiA Balmer deProsse Foster Neuhauser x Perret Selzer Vevera ATTEST: 4� e MAYOR CITY CLERK First Consideration 12/7/76 Vote for passage: Ayes: deProsse, Foster, Neuhauser, Perret, Vevera. Nays: Balmer. Absent: Selzer. Second Consideration 12/14/76 Vote for passage: Ayes: Selzer, Balmer, deProsse, Foster, Perret, Vevera. Nays: none. Absent: Neuhauser. Date of Publication Passed.and approved this 21st day of December 1976 RFCL'ITED & APPROVED BY .THE L'c,C.+.?. DEPARTMENT. t b&TJI .Q,en 3 i qi (o ak.