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Bill > HF322
IA HF322
IA HF322A bill for an act relating to real property, including the removal of unauthorized persons and trespass, and providing penalties.
summary
Introduced
02/11/2025
02/11/2025
In Committee
02/11/2025
02/11/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill relates to real property owners’ rights against unauthorized occupants and modifies the definition of trespass. The bill allows a real property owner to submit to law enforcement a complaint to remove unauthorized persons occupying the owner’s real property if all of the following conditions are met: (1) the requesting person is the real property owner or their authorized agent, (2) the person entering, remaining upon, or occupying the real property is not authorized to be there, (3) the unauthorized person has been notified that they are not permitted to be on the real property, (4) the unauthorized person is not a current or former tenant, (5) the unauthorized person is not an immediate family member of the owner, and (6) there is no pending litigation relating to the real property between the property owner and the unauthorized person. The bill provides that law enforcement, upon receipt of the complaint, shall conduct an investigation. If the investigation indicates sufficient grounds that the above conditions are met, the law enforcement agency shall direct the unauthorized occupant to immediately vacate, provide a written notice to immediately vacate, and put the owner in possession of the real property. The bill allows a law enforcement agency to collect an hourly fee for services provided which shall be assessed against the unauthorized occupant. The bill provides that if a real property owner knowingly submits a false complaint, the real property owner shall indemnify the law enforcement agency for any damages awarded against the agency for any good faith conduct that was based on the complaint. The bill provides for criminal penalties for an unauthorized person occupying real property who, after receiving a notice to vacate the property, fails to do so. If the unauthorized person intentionally damages the property causing damages less than $1,000, the person commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. If the unauthorized person intentionally damages the property causing damages more than $1,000, the person commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
AI Summary
This bill, known as the "Stop Squatters Act," provides a new legal mechanism for property owners to quickly remove unauthorized occupants from their real property. The bill allows property owners or their authorized agents to file a complaint with local law enforcement to remove someone who is unlawfully occupying their property, provided specific conditions are met. These conditions include that the occupant is not a current or former tenant, not an immediate family member of the owner, has been notified they are not permitted on the property, and there is no pending litigation related to the property. Upon investigation, if law enforcement determines the complaint is valid, they can direct the unauthorized occupant to immediately vacate the property and return possession to the owner. The bill also introduces criminal penalties for unauthorized occupation, with different levels of misdemeanor charges depending on whether property damage occurs. For damages less than $1,000, the offense is a simple misdemeanor punishable by up to 30 days in jail and a fine between $105 and $855, while damages over $1,000 result in a serious misdemeanor with potential confinement up to one year and fines between $430 and $2,560. Law enforcement can charge an hourly fee for these services, which will be assessed against the unauthorized occupant, and property owners who knowingly submit false complaints can be held liable for damages.
Committee Categories
Justice
Sponsors (1)
Last Action
Subcommittee recommends passage. (on 02/19/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF322 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF322.html |
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