H.B. 171 Enrolled

HOUSING COORDINATION AND PLANNING
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Fred R. Hunsaker
AN ACT RELATING TO COMMUNITY DEVELOPMENT; CREATING A HOUSING
PLANNING PART; TRANSFERRING RESPONSIBILITIES FROM STATE
PLANNING COORDINATOR TO THE DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT; AND MAKING TECHNICAL AMENDMENTS.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
9-4-1201, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
9-4-1202, (Renumbered from 9-4-601, as renumbered and amended by Chapter 241, Laws
of Utah 1992)
9-4-1203, (Renumbered from 9-4-605, as renumbered and amended by Chapter 241, Laws
of Utah 1992)
9-4-1204, (Renumbered from 63-28-11, as enacted by Chapter 316, Laws of Utah 1996)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 9-4-1201 is enacted to read:
Part 12. Housing Coordination and Planning Act
9-4-1201. Title.
This part shall be known as the "Housing Coordination and Planning Act."
Section 2. Section 9-4-1202, which is renumbered from Section 9-4-601 is renumbered
and amended to read:
[9-4-601]. 9-4-1202. Legislative policy and purpose.
(1) It is [declared to be] the policy of the state [of Utah] that to promote the general welfare
of its citizens [and that] it is necessary to remedy the unsafe and unsanitary housing conditions and
the acute shortage of decent, safe, and sanitary dwellings for families of medium and low income,
in urban and rural areas. These conditions cause an increase and spread of disease and crime, and

constitute a menace to the health, safety, morals, and welfare of the state.
(2) It is the policy of the state [of Utah]:
(a) to make adequate provision of affordable housing for [persons of medium and low
income, for]:
(i) persons of medium or low income who are unable to provide themselves with decent
housing including:
(A) elderly persons [of medium and low income, for handicapped];
(B) persons [of medium and low income, for] with disabilities;
(C) veterans [of medium and low income unable to provide themselves with decent housing
on the basis of benefits available to them through certain government guarantees of loans for
purchase of residential property, and];
(D) special needs populations;
(E) low income persons living on tribal trust lands;
(F) persons receiving public assistance under self-sufficiency programs; or
(G) low income persons living in mobile homes as defined in Section 59-2-601; and
(ii) during limited periods, [housing] for disaster victims[.]; and
[(3) The] (b) that the provision of safe and sanitary dwelling accommodations at rents or
prices [which] that persons of medium and low income can afford will materially assist in
developing more desirable neighborhoods and alleviating the effects of poverty in this state.
[(4)] (3) The purposes of this part and Part 6 are to meet these problems by:
(a) providing low-cost housing for medium and low income persons; and [to encourage]
(b) encouraging cooperation between political subdivisions[,] and the nonprofit sector
[thereby making] to make available low-cost housing [facilities] in all areas of the state.
[(5)] (4) It is in the public interest to [utilize] use the broad financial resources and technical
services available to government in cooperation with the ingenuity and expertise of private enterprise
to alleviate this lack of safe and sanitary dwellings while stimulating local industry[.], according to
the following principles:
(a) The private sector, including nonprofit entities, shall be the primary source of developing

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and providing affordable housing with state and local incentives to encourage housing development.
(b) State money used in the development of housing shall:
(i) be heavily leveraged when possible;
(ii) be primarily invested as loans;
(iii) be primarily spent on housing production; and
(iv) give priority to needs of persons of medium or low income who are unable to provide
themselves with decent housing including:
(A) elderly persons;
(B) persons with disabilities;
(C) veterans;
(D) special needs populations;
(E) low income persons living on tribal trust lands;
(F) persons receiving public assistance under self-sufficiency programs; and
(G) low income persons living in mobile homes as defined in Section 59-2-601.
(c) When possible based on economic feasibility and effectiveness, state housing programs
shall encourage:
(i) mixed income developments;
(ii) socio-economic diversity in neighborhoods; and
(iii) new, multifamily construction.
(d) State resources may be used in partnership with political subdivisions or the private
sector to promote affordable housing.
(e) Within appropriations from the Legislature, the state may provide training and technical
assistance to Utah's political subdivision, quasi-governmental, and nonprofit housing providers.
Section 3. Section 9-4-1203, which is renumbered from Section 9-4-605 is renumbered and
amended to read:
[9-4-605]. 9-4-1203. Division -- Functions.
(1) In addition to any other functions the governor or Legislature may assign[,]:
(a) the [state planning coordinator] division shall:

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[(1)] (i) provide a clearinghouse of information for federal, state, and local housing
assistance programs;
[(2)] (ii) establish, in cooperation with [cities and counties, minimum statewide] political
subdivisions, model plans and management methods to encourage or provide for the development
of affordable housing [standards that, upon publication,] that may be adopted by [cities and counties]
political subdivisions by reference;
[(3)] (iii) undertake, in cooperation with [cities and counties] political subdivisions, a
realistic assessment of problems relating to housing needs, such as:
(A) inadequate supply of dwellings[,];
(B) substandard dwellings[,]; and
(C) inability of medium and low income families to obtain adequate housing[, which];
(iv) provide the information [shall be made available] obtained under Subsection (1)(a)(iii)
to [cities and counties,]:
(A) political subdivisions;
(B) real estate developers[,];
(C) builders[,];
(D) lending institutions[,];
(E) affordable housing advocates; and
(F) others having use for [such] the information;
[(4)] (iv) advise [cities and counties] political subdivisions of serious housing problems
existing within their jurisdiction that require concerted public action for solution; and
[(5)] (v) assist [cities and counties] political subdivisions in defining housing objectives and
in preparing for adoption a plan of action covering a [three-year] five-year period designed to
accomplish housing objectives within their jurisdiction[.]; and
(b) within legislative appropriations, the division may accept for and on behalf of, and bind
the state to, any federal housing or homeless program in which the state is invited, permitted, or
authorized to participate in the distribution, disbursement, or administration of any funds or service
advanced, offered, or contributed in whole or in part by the federal government.

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(2) The administration of any federal housing program in which the state is invited,
permitted, or authorized to participate in distribution, disbursement or administration of funds or
services, except those administered by the Utah Housing Finance Agency, is governed by Sections
9-4-701 through 9-4-708.
Section 4. Section 9-4-1204, which is renumbered from Section 63-28-11 is renumbered and
amended to read:
[63-28-11]. 9-4-1204. Technical assistance to political subdivisions for housing plan.
(1) Until January 1, 1999, and within appropriations from the Legislature, the [state planning
coordinator] division shall establish a program to assist municipalities to meet the requirements of
Section 10-9-307 and counties to meet the requirements of Section 17-27-407. Assistance under this
section may include:
(a) financial assistance for the cost of developing a plan for low and moderate income
housing;
(b) information on how to meet present and prospective needs for low and moderate income
housing; and
(c) technical advice and consultation on how to facilitate the creation of low and moderate
income housing.
(2) The [state planning coordinator] division shall annually report to the Legislature's
Business, Labor, and Economic Development, and Human Services Interim Committees regarding
the scope, amount, and type of assistance provided to municipalities and counties under this section,
including the number of low and moderate income housing units constructed or rehabilitated within
the state.

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