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7 LONG TITLE
8 General Description:
9 This bill enacts the Fair Housing for Domestic Violence Victims and Landlord
10 Protection Act.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . allows a renter who is a victim of domestic violence to require the owner to exclude
15 the perpetrator of the domestic violence from common areas of the rental property;
16 . allows a renter who is a victim of domestic violence to void a rental agreement;
17 . allows a renter who is a victim of domestic violence to remain in the premises under
18 an existing rental agreement despite the owner's eviction of the perpetrator of the
19 domestic violence;
20 . describes acceptable forms of documentation of domestic violence;
21 . allows an owner to evict a renter who is a perpetrator of domestic violence on the
22 premises; and
23 . allows an owner whose renter exercises certain rights under the act to collect
24 security deposits and other amounts owing.
25 Monies Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 57-25-101, Utah Code Annotated 1953
32 57-25-102, Utah Code Annotated 1953
33 57-25-201, Utah Code Annotated 1953
34 57-25-202, Utah Code Annotated 1953
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 57-25-101 is enacted to read:
41 57-25-101. Title.
42 This chapter is known as the "Fair Housing for Domestic Violence Victims and
43 Landlord Protection Act."
44 Section 2. Section 57-25-102 is enacted to read:
45 57-25-102. Definitions.
46 As used in this chapter:
47 (1) (a) "Cohabitant" means an emancipated person pursuant to Section 15-2-1 or a
48 person who is 16 years of age or older who:
49 (i) is or was a spouse of the other person;
50 (ii) is or was living as if a spouse of the other person;
51 (iii) is related by blood or marriage to the other person;
52 (iv) has one or more children in common with the other person;
53 (v) is the biological parent of the other person's unborn child; or
54 (vi) resides or has resided in the same residence as the other person.
55 (b) Notwithstanding Subsection (1)(a), "cohabitant" does not include:
56 (i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
57 (ii) the relationship between natural, adoptive, step, or foster siblings who are under 18
58 years of age.
59 (2) "Domestic violence" means the following when committed by one cohabitant
60 against another:
61 (a) a criminal offense involving violence or physical harm or threat of violence or
62 physical harm;
63 (b) an attempt, conspiracy, or solicitation to commit a criminal offense involving
64 violence or physical harm; or
65 (c) the commission or attempt to commit, any of the following offenses:
66 (i) aggravated assault, as described in Section 76-5-103 ;
67 (ii) assault, as described in Section 76-5-102 ;
68 (iii) criminal homicide, as described in Section 76-5-201 ;
69 (iv) harassment, as described in Section 76-5-106 ;
70 (v) telephone harassment, as described in Section 76-9-201 ;
71 (vi) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
72 76-5-301 , 76-5-301.1 , and 76-5-302 ;
73 (vii) mayhem, as described in Section 76-5-105 ;
74 (viii) a sexual offense, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, or
75 Title 76, Chapter 5a, Sexual Exploitation of Children;
76 (ix) stalking, as described in Section 76-5-106.5 ;
77 (x) unlawful detention, as described in Section 76-5-304 ;
78 (xi) violation of a protective order or ex parte protective order, as described in Section
79 76-5-108 ;
80 (xii) an offense against property described in Title 76, Chapter 6, Part 1, 2, or 3;
81 (xiii) possession of a deadly weapon with intent to assault, as described in Section
82 76-10-507 ;
83 (xiv) discharge of a firearm from a vehicle, near a highway, or in the direction of any
84 person, building, or vehicle, as described in Section 76-10-508 ;
85 (xv) disorderly conduct, as defined in Section 76-9-102 , if a conviction of disorderly
86 conduct is the result of a plea agreement in which the defendant was originally charged with
87 any of the domestic violence offenses otherwise described in this Subsection (2); or
88 (xvi) child abuse as described in Section 76-5-109.1 .
89 (3) "Owner" includes the owner, lessor, or sublessor of a residential rental unit.
90 (4) "Perpetrator" means a person who commits an act of domestic violence against a
92 (5) "Protective order" means an order issued pursuant to Title 30, Chapter 6,
93 Cohabitant Abuse Act, subsequent to a hearing, of which the petitioner and respondent have
94 been given notice under Title 30, Chapter 6.
95 (6) "Rental agreement" means any agreement, written or oral, that establishes or
96 modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy
97 of a residential rental unit.
98 (7) "Renter" means any person entitled under a rental agreement to occupy a residential
99 rental unit to the exclusion of others.
100 (8) "Residential rental unit":
101 (a) means a renter's principal place of residence and includes the appurtenances,
102 grounds, and facilities held out for the use of the residential renter generally, and any other area
103 or facility provided to the renter in the rental agreement; and
104 (b) does not include facilities contained in a boarding or rooming house or similar
105 facility, mobile home lot, or recreational property rented on an occasional basis.
106 (9) "Victim" means a person who is subjected to domestic violence by a cohabitant.
107 Section 3. Section 57-25-201 is enacted to read:
109 57-25-201. Domestic violence victim's rights.
110 (1) (a) A renter who is a victim of domestic violence may require the owner to exclude
111 a perpetrator of domestic violence from the renter's residential rental unit if:
112 (i) the renter provides the owner with documentation of the domestic violence; and
113 (ii) if the perpetrator of domestic violence is not a renter.
114 (b) If the perpetrator of domestic violence is a renter, a renter who is a victim of
115 domestic violence may require the owner to exclude the perpetrator from common areas of the
116 property on which the victim's residence is located if:
117 (i) the victim provides the owner with documentation of the domestic violence; and
118 (ii) the owner evicts the perpetrator under Section 57-25-202 , or the perpetrator
119 otherwise ends the perpetrator's tenancy.
120 (2) (a) A renter who is a victim of domestic violence may void a rental agreement
121 without liability if the renter:
122 (i) provides the owner 14 days advance notice of the renter's intent to void the rental
123 agreement; and
124 (ii) provides the owner with documentation of the domestic violence.
125 (b) If a renter voids a rental agreement under Subsection (2)(a), the rental agreement
126 remains in place between the owner and any other renter who is a party to the rental agreement.
127 (3) A renter who is a victim of domestic violence, and whose cohabitant is evicted
128 under Section 57-25-202 , may remain in the residence under the terms specified in any rental
129 agreement between either cohabitant and the owner.
130 (4) An acceptable form of documentation of the domestic violence under Subsections
131 (2) and (3) is:
132 (a) a protective order protecting the renter; or
133 (b) a copy of a police report regarding an act of domestic violence committed against
134 the renter.
135 Section 4. Section 57-25-202 is enacted to read:
136 57-25-202. Landlord's rights.
137 (1) Subject to Subsection 57-25-201 (3), a landlord may evict a tenant who is a
138 perpetrator of domestic violence on the premises.
139 (2) If a rental agreement is voided under Subsection 57-25-201 (2), the owner may:
140 (a) retain funds held as a security deposit under the terms of the rental agreement;
141 (b) collect unpaid rent for any rental period before the day on which the rental
142 agreement is voided by the renter; and
143 (c) collect other amounts owing under a voided rental agreement, except that the
144 landlord may not collect:
145 (i) a rental payment for the voided period; or
146 (ii) a penalty provided for in the rental agreement for a renter's breach of lease because
147 of early termination.
Legislative Review Note
as of 1-7-05 4:24 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.