Amor v. Houser

Full title: Philip AMOR and Brittany Amor, Plaintiffs–Appellees, v. Bradford HOUSER…

Court: Court of Appeals of Iowa.

Date published: Apr 8, 2015

864 N.W.2d 553 (Iowa Ct. App. 2015)

Opinion

No. 14–0866.

04-08-2015

Philip AMOR and Brittany Amor, Plaintiffs–Appellees, v. Bradford HOUSER, River Ridge Place, LLC and Houser Enterprises, Inc., Defendants–Appellants.

Richard L. Fehseke III of Fehseke & Gray Law Offices, Fort Madison, for appellants. Christopher S. Warnock and Christine Boyer of Iowa Tenants' Project, Iowa City, for appellees.

TABOR, J.

Richard L. Fehseke III of Fehseke & Gray Law Offices, Fort Madison, for appellants.

Christopher S. Warnock and Christine Boyer of Iowa Tenants' Project, Iowa City, for appellees.

Considered by DANILSON, C.J., and DOYLE and TABOR, JJ.

Opinion

TABOR, J.

River Ridge Place, LLC, Houser Enterprises, Inc., and Bradford Houser appeal an order by the district court granting a motion by tenants Philip and Brittany Amor to certify a class action under Iowa Rules of Civil Procedure 1.261, 1.262, and 1.263. The Amors point out that we rejected a very similar challenge in Staley v. Barkalow, No. 12–1031, 2013 WL 2368825, at *8 (Iowa Ct.App. May 30, 2013) (holding tenants may show harm from a landlord's willful and knowing inclusion of illegal lease provisions even without enforcement by the landlord). Finding the district court correctly certified the class based on our analysis in Staley, we affirm without opinion under Iowa Rule of Appellate Procedure 6.1203(a) and (d).

AFFIRMED.