H.B. 403

1

CHANGES TO FIT PREMISES ACT
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jennifer M. Seelig
5 Senate Sponsor: Wayne L. Niederhauser
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Fit Premises Act.
10 Highlighted Provisions:
11 This bill:
12 . prohibits an owner from taking action against a renter for requesting assistance from
13 a public safety agency; and
14 . prohibits municipalities with a good landlord program from limiting owner
15 participation in or benefits from the program under certain circumstances.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 57-22-5.1, as last amended by Laws of Utah 2010, Chapter 352
23 57-22-7, as enacted by Laws of Utah 2010, Chapter 352
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 57-22-5.1 is amended to read:
27 57-22-5.1. Crime victim's right to new locks -- Domestic violence victim's right to

28 terminate rental agreement -- Limits an owner relating to assistance from public safety
29 agency.
30 (1) As used in this section[,]:
31 (a) "Crime victim" means a victim of:
32 [(a)] (i) domestic violence, as defined in Section 77-36-1 ;
33 [(b)] (ii) stalking as defined in Section 76-5-106.5 ;
34 [(c)] (iii) a crime under Title 76, Chapter 5, Part 4, Sexual Offenses;
35 [(d)] (iv) burglary or aggravated burglary under Section 76-6-202 or 76-6-203 ; or
36 [(e)] (v) dating violence, consisting of verbal, emotional, psychological, physical, or
37 sexual abuse of one person by another in a dating relationship.
38 (b) "Public safety agency" means a governmental entity that provides fire protection,
39 law enforcement, ambulance, medical, or similar service.
40 (2) An acceptable form of documentation of an act listed in Subsection (1) is:
41 (a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7, Part
42 1, Cohabitant Abuse Act, subsequent to a hearing of which the petitioner and respondent have
43 been given notice under Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; or
44 (b) a copy of a police report documenting an act listed in Subsection (1).
45 (3) (a) A renter who is a crime victim may require the renter's owner to install a new
46 lock to the renter's residential rental unit if the renter:
47 (i) provides the owner with an acceptable form of documentation of an act listed in
48 Subsection (1); and
49 (ii) pays for the cost of installing the new lock.
50 (b) An owner may comply with Subsection (3)(a) by:
51 (i) rekeying the lock if the lock is in good working condition; or
52 (ii) changing the entire locking mechanism with a locking mechanism of equal or
53 greater quality than the lock being replaced.
54 (c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the
55 key that opens the new lock.
56 (d) Notwithstanding any rental agreement, an owner who installs a new lock under
57 Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to the
58 perpetrator of the act listed in Subsection (1).

59 (e) Notwithstanding Section 78B-6-814 , if an owner refuses to provide a copy of the
60 key under Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit
61 by a protective order but is a renter on the rental agreement, the perpetrator may file a petition
62 with a court of competent jurisdiction within 30 days to:
63 (i) establish whether the perpetrator should be given a key and allowed access to the
64 residential rental unit; or
65 (ii) whether the perpetrator should be relieved of further liability under the rental
66 agreement because of the owner's exclusion of the perpetrator from the residential rental unit.
67 (f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further
68 liability under the rental agreement if the perpetrator is found by the court to have committed
69 the act upon which the landlord's exclusion of the perpetrator is based.
70 (4) A renter who is a victim of domestic violence, as defined in Section 77-36-1 , may
71 terminate a rental agreement if the renter:
72 (a) is in compliance with:
73 (i) all provisions of Section 57-22-5 ; and
74 (ii) all obligations under the rental agreement;
75 (b) provides the owner:
76 (i) written notice of termination; and
77 (ii) a protective order protecting the renter from a domestic violence perpetrator; and
78 (c) no later than the date that the renter provides a notice of termination under
79 Subsection (4)(b)(i), pays the owner the equivalent of 45 days' rent for the period beginning on
80 the date that the renter provides the notice of termination.
81 (5) An owner may not:
82 (a) impose a restriction on a renter's ability to request assistance from a public safety
83 agency; or
84 (b) penalize or evict a renter because the renter makes reasonable requests for
85 assistance from a public safety agency.
86 Section 2. Section 57-22-7 is amended to read:
87 57-22-7. Limitation on counties and municipalities.
88 (1) A county or municipality may not adopt an ordinance, resolution, or regulation that
89 is inconsistent with this chapter.

90 (2) (a) Subsection (1) may not be construed to limit the ability of a county or
91 municipality to enforce an applicable administrative remedy with respect to a residential rental
92 unit for a violation of a county or municipal ordinance, subject to Subsection (2)(b).
93 (b) A county or municipality's enforcement of an administrative remedy may not have
94 the effect of:
95 (i) modifying the time requirements of a corrective period, as defined in Section
96 57-22-6 ;
97 (ii) limiting or otherwise affecting a tenant's remedies under Section 57-22-6 ; or
98 (iii) modifying an owner's obligation under this chapter to a tenant relating to the
99 habitability of a residential rental unit.
100 (3) A municipality with a good landlord program under Subsection 10-1-203 (5)(e) may
101 not limit an owner's participation in the program or reduce program benefits to the owner
102 because of renter or crime victim action that the owner is prohibited under Subsection
103 57-22-5.1 (5) from restricting or penalizing.




Legislative Review Note
as of 2-3-11 1:29 PM

Office of Legislative Research and General Counsel