First Substitute H.B. 343

Representative Paul A. Neuenschwander proposes the following substitute bill:

1 EXEMPTION OF UNIVERSITY HOUSING
2 FROM EVICTION LAWS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Paul A. Neuenschwander
6 Senate Sponsor: Dan R. Eastman
7
8 LONG TITLE
9 General Description:
10 This bill amends the Forcible Entry and Detainer chapter of the Judicial Code as it
11 relates to student housing.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . permits an institution of higher education to exclude or evict a student from student
16 housing, if the student has violated the student's lease, without resorting to a judicial
17 process;
18 . establishes procedures and due process requirements for the exclusion or eviction of
19 a student from student housing; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:

26 AMENDS:
27 78B-6-814, as renumbered and amended by Laws of Utah 2008, Chapter 3
28 ENACTS:
29 78B-6-817, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 78B-6-814 is amended to read:
33 78B-6-814. Exclusion of tenant without judicial process prohibited -- Exceptions.
34 [It] (1) Except as provided in Subsection (2) or Section 78B-6-817 , it is unlawful for an
35 owner to willfully exclude a tenant from the tenant's premises in any manner except by judicial
36 process[, provided, an].
37 (2) An owner or [his] the owner's agent [shall not be prevented from removing] may,
38 under Subsection 78B-6-816 (2), remove the contents of [the leased] a premises [under
39 Subsection 78B-6-816 (2) and retaking] leased by the owner to a tenant, retake the premises,
40 and [attempting] attempt to rent [them] the premises at a fair rental value when the tenant has
41 abandoned the premises.
42 Section 2. Section 78B-6-817 is enacted to read:
43 78B-6-817. Eviction of a student from student housing.
44 (1) As used in this section:
45 (a) "Educational institution" means a public or private institution of higher education
46 that operates in this state.
47 (b) "School day" means any day except:
48 (i) weekends;
49 (ii) holidays; or
50 (iii) a day on which the educational institution does not hold school.
51 (c) "Student housing" means a house, apartment, or other residential unit owned,
52 leased, or operated by an educational institution for the primary purpose of providing housing
53 to a student, incidental to the student attending the educational institution.
54 (2) An educational institution may exclude or evict a student from student housing of
55 the educational institution without complying with the requirements of any other section of this
56 chapter if:

57 (a) the student violates the terms of the lease that governs the student's use of the
58 student housing;
59 (b) the educational institution provides written notice of intent to exclude or evict the
60 student by:
61 (i) personally serving the notice on the student at least three days before the day on
62 which the educational institution excludes or evicts the student from student housing; or
63 (ii) at least five school days before the day on which the educational institution
64 excludes or evicts the student from student housing:
65 (A) posting the notice in a conspicuous place on the premises; and
66 (B) mailing the notice to the student's last known address; and
67 (c) the educational institution provides the student with notice and an opportunity to be
68 heard regarding the exclusion or eviction before the exclusion or eviction occurs.
69 (3) Before an educational institution uses the procedures described in this section, the
70 educational institution shall develop a written policy relating to providing notice and an
71 opportunity to be heard to a student, in accordance with Subsection (2)(c).
72 (4) A student housing lease may include a reasonable definition of abandonment that is
73 different from the definition described in Section 78B-6-815 . Abandonment under the
74 definition in the lease is grounds for exclusion or eviction of the student from student housing,
75 pursuant to the provisions of this section.