Iowa House bill would prevent cities from limiting rental property occupancy

DES MOINES - Home rule, which is likely to be a frequent issue in the 2017 Iowa legislative session, was cited by both advocates and opponents of a proposed prohibition on regulating rental unit occupancy based on familial relationships.

House Study Bill 3, which is similar to a bill passed by the Iowa House in 2015, has been resurrected and was debated Thursday by lobbyists for landlords and cities.

Those representing cities called the bill a breach of home rule. Robert Palmer of the League of Cities cited an Iowa Supreme Court decision in which justices upheld Ames' authority under home rule to implement such limits. Many cities, especially those with colleges and universities, limit occupancy.

While home rule is a part of the debate, Palmer said the real issue is cities' ability to protect the property rights - and values - of other property owners.

'At the heart of this matter is the ability to preserve certain neighborhoods as single-family neighborhoods,” he said.

If occupancy is not limited, Ames Mayor Ann Campbell said, rental units can become 'a magnet for massive parties that are not contained inside.”

That causes problems for neighbors and, often, for police, she said.

She also reminded subcommittee members - Reps. Zach Nunn, R-Bondurant, and Liz Bennett, D-Cedar Rapids - that university communities 'are a world unto themselves.”

If the Legislature restricts cities' ability to regulate rental property occupancy, 'you see a downward slide” because of vehicles and parking, and trash and other issues that can 'downgrade neighborhoods,” said Larry Murphy, who was representing Cedar Rapids.

Joe Kelly, representing the Landlords of Iowa, called home rule a 'small factor” and argued cities have other tools in their planning and zoning ordinances to regulate housing.

'Familial status is not the core issue,” he said in arguing for the bill. 'Just to say unrelated people living together are more of a burden than a family isn't right.”

Larges families may own several vehicles, create more traffic, make noise and put the same demands on city water and sewer infrastructure as unrelated adults living together, Kelly said.

Pete McRoberts, representing the American Civil Liberties Union-Iowa, said the proposed bill does not violate home rule or cities' ability to regulate housing for the health, safety, morals and general welfare of the community.

'Every protection the city needs to prevent a nuisance absolutely is protected, is not touched by this law,” he said.

No decision was made because a third subcommittee member, Rep. Jim Carlin, R-Sioux City, was absent.

l Comments: (319) 398-8375; james.lynch@thegazette.com