Iowa 2023-2024 Regular Session

Iowa House Bill HF548

Introduced
3/2/23  
Engrossed
3/22/23  
Introduced
3/2/23  
Refer
3/23/23  
Engrossed
3/22/23  

Caption

A bill for an act relating to court records for residential forcible entry and detainer actions and including effective date provisions. (Formerly HSB 43.)

Impact

The impact of HF548 on state laws is significant as it introduces stricter controls on the public accessibility of court records associated with evictions. This change is expected to have a positive effect on tenants seeking to mitigate the long-term consequences of an eviction record. By allowing records to be sealed under specific conditions, the bill intends to improve the reintegration of individuals into housing markets after experiencing eviction, potentially increasing housing stability and reducing homelessness. Additionally, it updates existing landlord-tenant law in Iowa, ensuring that the judicial process is sensitive to the challenges faced by tenants.

Summary

House File 548 (HF548) is legislation aimed at amending the procedures surrounding court records specifically related to residential forcible entry and detainer actions in Iowa. The bill proposes that court records of such actions must be sealed within three days under certain conditions, including if the defendant is found not guilty or if a case is dismissed. Specifically, it includes provisions for sealing records related to nonpayment of rent, allowing defendants who meet certain criteria to have their findings of guilt sealed after a specified period. The aim of this bill is to protect the reputation and future opportunities of tenants who may have faced eviction proceedings in the past.

Sentiment

The sentiment surrounding HF548 appears largely positive, especially among tenant advocacy groups who view the bill as a step forward in protecting vulnerable populations from the stigma of eviction records. Supporters argue that sealing these records will promote fairness in housing opportunities and assist individuals in overcoming past hardships. However, the legislation might also face criticism from landlords and property management associations who may have concerns about the implications of sealing records on their ability to make informed decisions about tenants.

Contention

Notable points of contention may arise regarding the criteria set for sealing records and the potential administrative burden it imposes on the court system. Critics may argue that the bill could complicate the eviction process or create loopholes that could be exploited. Additionally, some legislators might express concerns about the implications on landlords who could be left without necessary information regarding a prospective tenant’s rental history. Therefore, while the bill attempts to balance tenant rights with landlord interests, discussions about the practicalities and fairness of the sealing process will likely continue.

Companion Bills

IA HSB43

Related A bill for an act relating to court records for residential forcible entry and detainer actions.(See HF 548.)

IA SSB1118

Related A bill for an act relating to court records for residential forcible entry and detainer actions.

Previously Filed As

IA HSB117

A bill for an act relating to court records for residential forcible entry and detainer actions and including effective date provisions.

IA HSB43

A bill for an act relating to court records for residential forcible entry and detainer actions.(See HF 548.)

IA SSB1118

A bill for an act relating to court records for residential forcible entry and detainer actions.

IA HF983

A bill for an act relating to property law by modifying provisions related to landlord and tenant law and forcible entry and detainer actions, and including effective date provisions.(Formerly HSB 261.)

IA HSB261

A bill for an act relating to property law by modifying provisions related to landlord and tenant law and forcible entry and detainer actions, and including effective date provisions.(See HF 983.)

IA SF421

A bill for an act relating to property law by modifying provisions related to landlord and tenant law and forcible entry and detainer actions, and including effective date provisions.

IA SF567

A bill for an act relating to property law by modifying provisions related to forcible entry and detainer actions and to landlord and tenant law.(Formerly SSB 1204.)

IA SSB1204

A bill for an act relating to property law by modifying provisions related to forcible entry and detainer actions and to landlord and tenant law.(See SF 567.)

IA HB159

AN ACT relating to actions for forcible entry and detainer.

IA HB3952

Relating to the jurisdiction of courts in cases of forcible entry and detainer and forcible detainer.

Similar Bills

No similar bills found.