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7 LONG TITLE
8 General Description:
9 This bill enacts language related to municipal requirements of a landlord.
10 Highlighted Provisions:
11 This bill:
12 ▸ prohibits a municipality from requiring a landlord to deny tenancy based on an
13 individual's criminal record.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 10-1-203.5, as enacted by Laws of Utah 2012, Chapter 289
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22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 10-1-203.5 is amended to read:
24 10-1-203.5. Disproportionate rental fee -- Good landlord training program -- Fee
25 reduction.
26 (1) As used in this section:
27 (a) "Business" means the rental of one or more residential units within a municipality.
28 (b) "Disproportionate rental fee" means a fee adopted by a municipality to recover its
29 disproportionate costs of providing municipal services to residential rental units compared to
30 similarly-situated owner-occupied housing.
31 (c) "Disproportionate rental fee reduction" means a reduction of a disproportionate
32 rental fee as a condition of complying with the requirements of a good landlord training
33 program.
34 (d) "Exempt business" means the rental of a residential unit within a single structure
35 that contains:
36 (i) no more than four residential units; and
37 (ii) one unit occupied by the owner.
38 (e) "Exempt landlord" means a residential landlord who demonstrates to a
39 municipality:
40 (i) completion of any live good landlord training program offered by any other Utah
41 city that offers a good landlord program;
42 (ii) that the residential landlord has a current professional designation of "property
43 manager"; or
44 (iii) compliance with a requirement described in Subsection (4).
45 (f) "Good landlord training program" means a program offered by a municipality to
46 encourage business practices that are designed to reduce the disproportionate cost of municipal
47 services to residential rental units by offering a disproportionate rental fee reduction for any
48 landlord who:
49 (i) (A) completes a landlord training program provided by the municipality; or
50 (B) is an exempt landlord;
51 (ii) implements measures to reduce crime in rental housing as specified in a municipal
52 ordinance or policy; and
53 (iii) operates and manages rental housing in accordance with an applicable municipal
54 ordinance.
55 (g) "Municipal services" means:
56 (i) public utilities;
57 (ii) police;
58 (iii) fire;
59 (iv) code enforcement;
60 (v) storm water runoff;
61 (vi) traffic control;
62 (vii) parking;
63 (viii) transportation;
64 (ix) beautification; or
65 (x) snow removal.
66 (h) "Municipal services study" means a study of the cost of all municipal services to
67 rental housing that:
68 (i) are reasonably attributable to the rental housing; and
69 (ii) exceed the municipality's cost to serve similarly-situated, owner-occupied housing.
70 (2) The legislative body of a municipality may charge and collect a disproportionate
71 rental fee on a business that causes disproportionate costs to municipal services if the
72 municipality:
73 (a) has performed a municipal services study; and
74 (b) adopts a disproportionate rental fee that does not exceed the amount that is justified
75 by the municipal services study on a per residential rental unit basis.
76 (3) A municipality may not:
77 (a) impose a disproportionate rental fee on an exempt business;
78 (b) require a landlord to deny tenancy to an individual [
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80 on the individual's criminal record; or
81 (c) without cause and notice, require a landlord to submit to a random building
82 inspection.
83 (4) In addition to a requirement or qualification described in Subsection (1)(e), a
84 municipality may recognize a landlord training described in its ordinance.
85 (5) (a) If a municipality adopts a good landlord program, the municipality shall provide
86 an appeal procedure affording due process of law to a landlord who is denied a
87 disproportionate rental fee reduction.
88 (b) A municipality may not adopt a new disproportionate rental fee unless the
89 municipality provides a disproportionate rental fee reduction.
Legislative Review Note
as of 2-27-15 4:36 PM
Office of Legislative Research and General Counsel