U.S. Government (federal laws)

The following information is provided as a brief discussion of federal laws relating to rental housing. There is a lot of additional information available on various environmental conditions (such as mold, asbestos, lead, radon, chemicals, pesticides, etc.) For specific issues or questions, contact your local government agencies and housing inspectors.

Civil Rights

The Civil Rights Act of 1964 is a landmark U.S. law that prohibits discrimination based on race, color, religion, sex, or national origin in various areas, including employment and public accommodations. It aimed to end segregation in schools and public places, making it a significant achievement in the civil rights movement.

The Fair Housing Act

On April 11, 1968, President Lyndon Johnson signed the Civil Rights Act of 1968, which was meant as a follow-up to the Civil Rights Act of 1964. The 1968 Act expanded on previous acts and prohibited discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability. Title VIII of the Act is also known as the Fair Housing Act (of 1968).

The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Additional protections apply to federally-assisted housing.

Submit a complaint to HUD about civil rights violations in regard to housing.

They cannot retaliate against you for filing a complaint.

• "It is illegal to retaliate against any person for making an allegation, testifying, assisting, or participating in any manner in a proceeding under HUD’s allegation process at any time, even after the investigation has been completed. The Fair Housing Act also makes it illegal to retaliate against any person because that person reported a discriminatory practice to a housing provider or other authority."

Housing and Urban Development (HUD)

The federal government's office of Housing and Urban Development says this about healthy homes:

A healthy home is key to everyone’s health and well-being. This program works to make homes safer, more affordable, and healthier through methods to cut down on the dangers in homes such as, toxic chemicals, asthma triggers, and other risks. The program improves homes by:

• Eliminating lead-based paint (LBP) and radon hazards
• Ensuring air is clean
• Ensuring water is safe to drink
• Ensuring other home health and safety improvements are made

Healthy homes are more than just a place without dangerous pollutants and other hazards. Healthy homes also save energy, stand strong against natural disasters, and can help provide access to important places and resources like schools, healthy food, health care, and parks.

HUD's Office of Inspector General (OIG) states:

HUD is responsible for ensuring that its assisted properties are decent, safe, sanitary, and in good repair and that its programs and projects follow relevant regulations. All properties proposed for use in HUD programs must be free of hazardous materials, contamination, toxic chemicals and gases, and radioactive substances that could affect the health and safety of occupants.

Whether through project-based rental assistance, public housing, tenant-based rental assistance, or other programs that provide assisted housing, HUD relies on local housing authorities, state and local agencies, and landlords to maintain the properties, address health and safety hazards in a timely manner, and efficiently execute programs that improve housing quality. To perform its oversight properly HUD must collect timely, complete, and accurate data, certifications, and other performance information to ensure that housing providers are abiding by HUD’s standards for quality housing and are operating effectively. A gap in oversight at any step in the process leaves HUD-assisted tenants in potentially unhealthy and unsafe living conditions.

Federal mold laws

The federal government has NOT passed mold laws. In 1989 and 1990, indoor air legislation was introduced in Congress, but it did not pass. More than 10 years later, in 2002 and 2005, bills on mold legislation were presented to Congress, but those bills did not become law.

State of Iowa

Iowa Code, Chapter 562A, Uniform Residential Landlord and Tenant Law (a/k/a Uniform Residential Landlord and Tenant Act); and the City of Des Moines Code of Ordinances, Sec. 60. 

The Iowa Legislative Guide on the Iowa Uniform Residential Landlord-Tenant Act (a/k/a IURLTA) states that the purposes of Chapters 562A (for dwelling units) and 562B (for mobile homes) are to simplify, clarify, modernize, and revise the law governing the rental of dwelling units, manufactured or mobile home living, and the rights and obligations of landlords and tenants; to encourage landlords and tenants to maintain and improve the quality of housing, and manufactured or mobile home living; and to insure that the right to the receipt of rent is inseparable from the duty to maintain the premises.

The Iowa Legislative Guide on the Iowa Uniform Residential Landlord-Tenant Act further states:

The implied warranty of habitability exists in all oral or written leases of a dwelling unit and impliedly warrants at the outset of the lease that there are no latent defects in facilities and utilities vital to the use of the premises for residential purposes and these essential facilities and utilities must remain in condition to maintain habitability through the duration of the tenancy. Through the implied warranty in a lease situation, the landlord also represents there neither is nor will be for the duration of the tenancy a violation of applicable housing law, ordinance, or regulation which renders the premises unsafe, unsanitary, or unfit for living.

For additional information about laws and regulations in Iowa in regard to environmental concerns in housing, read this article which states:

• The presence of hazardous materials, such as lead-based paint, asbestos, radon, and mold, poses significant health risks to individuals in Iowa. Understanding these substances is crucial for both property owners and occupants, as exposure can lead to serious health issues, including respiratory problems, neurological damage, and other long-term conditions.

Mold legislation in Iowa

Iowa law necessitates that property owners and managers monitor and address mold-related issues effectively. Upon identifying mold growth, a systematic approach should be employed for testing, which involves using both visual inspections and environmental sampling. It is important to document the conditions that allowed mold to thrive, such as leaks or water intrusion incidents. This documentation not only informs remediation efforts but also serves as a legal record in the event of disputes regarding liability for mold-related health problems.

Efforts to pass additional mold legislation in Iowa are ongoing. Legislation relating to mold was introduced in Iowa in 2024. House Bill 2070 was aimed at establishing an indoor mold public information and awareness program to educate the public about the dangers of indoor mold and proper remediation methods. Bill 2070 would have started reviewing health effects and remediation techniques and provided public awareness campaigns, but the legislation did not pass in 2024.

City of Des Moines

Specifically stated in the Des Moines Code of Ordinances, Sec. 60:

This chapter shall be interpreted to ensure public health, safety, and welfare as they are affected by the occupancy and maintenance of residential structures, accessory structures and premises occupied, and/or under notice of violation, as rental units, owner-occupied structures, and nonresidential structures. This chapter shall further be interpreted to require structures to be maintained in good condition and good repair using a workmanlike level of maintenance so as to stabilize and improve the housing and commercial building stock of the city. Existing structures that do not comply with these provisions shall be altered or repaired to provide the level of workmanship, health and safety required herein.

Sec. 60-30. - Rental business license required. No owner(s) shall rent any dwelling unit or rooming unit unless that owner(s) holds a valid rental business license for such property.

Sec. 60-36. - Rental complaints. Tenants may submit complaints about alleged violations of this chapter to the division only after written notice has been given to the owner or authorized management agent and the owner has failed to correct the complaint within seven days of such notice.

Sec. 60-38. - Penalty (against owner) for noncompliance with chapter 60.

(1) If, after notice of violation of this chapter and a reasonable amount of time has been afforded to the owner to correct any violations has passed and the owner has failed to correct such violations, the owner shall be guilty of a municipal infraction punishable by a civil penalty as provided by section 1-15 of this Code.

(2)The administrator may impose a fine for any violation of this chapter in the amount set forth in the schedule of administrative penalties adopted by the city council

Sec. 60-190. When a structure, equipment, or premises is found by the administrator to be unsafe or dangerous, or when a structure or premises is found unfit for human occupancy, or is found unlawful, such structure, equipment, or premises shall be deemed a public nuisance pursuant to the provisions of this chapter.

Sec. 60, Article III, describes the types of conditions that would cause a rental property to be deemed a "blighted structure." Go to Sec. 60, Article III, to read the list.

Sec. 60.193. - Structure to be placarded. At the time a structure or premises is declared to be a public nuisance, the administrator shall cause to be posted at each entrance to the structure, the structure or portion thereof a notice to read:

"DANGER — PUBLIC NUISANCE UNSAFE OR UNFIT FOR HUMAN OCCUPANCY. ADMINISTRATOR NEIGHBORHOOD INSPECTION DIVISION, CITY OF DES MOINES."

This notice shall remain posted until the required repairs, demolition, or removal is completed. Until required repairs are made or the structure or premises are demolished or removed, the notice shall not be removed, and no person shall enter the structure except to make the required repairs or to demolish the structure.