2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to a good landlord program.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines "residential landlord";
13 ▸ prohibits a municipality from requiring a residential landlord to deny tenancy to
14 certain individuals;
15 ▸ prohibits a municipality from requiring a residential landlord to provide certain
16 information on a tenant or on a contract with a tenant;
17 ▸ permits a municipality to require a copy of an agreement between the owner of
18 record of real property and a third-party provider who manages the property;
19 ▸ if a residential landlord owns multiple properties, requires a municipality to charge
20 a disproportionate rental fee reduction for each property that is in compliance; and
21 ▸ makes technical and conforming amendments.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 10-1-203.5, as enacted by Laws of Utah 2012, Chapter 289
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 10-1-203.5 is amended to read:
32 10-1-203.5. Disproportionate rental fee -- Good landlord training program -- Fee
33 reduction.
34 (1) As used in this section:
35 (a) "Business" means the rental of one or more residential units within a municipality.
36 (b) "Disproportionate rental fee" means a fee adopted by a municipality to recover its
37 disproportionate costs of providing municipal services to residential rental units compared to
38 similarly-situated owner-occupied housing.
39 (c) "Disproportionate rental fee reduction" means a reduction of a disproportionate
40 rental fee as a condition of complying with the requirements of a good landlord training
41 program.
42 (d) "Exempt business" means the rental of a residential unit within a single structure
43 that contains:
44 (i) no more than four residential units; and
45 (ii) one unit occupied by the owner.
46 (e) "Exempt landlord" means a residential landlord who demonstrates to a
47 municipality:
48 (i) completion of any live good landlord training program offered by any other Utah
49 city that offers a good landlord program;
50 (ii) that the residential landlord has a current professional designation of "property
51 manager"; or
52 (iii) compliance with a requirement described in Subsection [
53 (f) "Good landlord training program" means a program offered by a municipality to
54 encourage business practices that are designed to reduce the disproportionate cost of municipal
55 services to residential rental units by offering a disproportionate rental fee reduction for any
56 residential landlord who:
57 (i) (A) completes a landlord training program provided by the municipality; or
58 (B) is an exempt landlord;
59 (ii) implements measures to reduce crime in rental housing as specified in a municipal
60 ordinance or policy; and
61 (iii) operates and manages rental housing in accordance with an applicable municipal
62 ordinance.
63 (g) "Municipal services" means:
64 (i) public utilities;
65 (ii) police;
66 (iii) fire;
67 (iv) code enforcement;
68 (v) storm water runoff;
69 (vi) traffic control;
70 (vii) parking;
71 (viii) transportation;
72 (ix) beautification; or
73 (x) snow removal.
74 (h) "Municipal services study" means a study of the cost of all municipal services to
75 rental housing that:
76 (i) are reasonably attributable to the rental housing; and
77 (ii) exceed the municipality's cost to serve similarly-situated, owner-occupied housing.
78 (i) "Residential landlord" means:
79 (i) the owner of record of residential real property that is leased or rented to another; or
80 (ii) a third-party provider that has an agreement with the owner of record to manage the
81 owner's real property.
82 (2) The legislative body of a municipality may charge and collect a disproportionate
83 rental fee on a business that causes disproportionate costs to municipal services if the
84 municipality:
85 (a) has performed a municipal services study; and
86 (b) adopts a disproportionate rental fee that does not exceed the amount that is justified
87 by the municipal services study on a per residential rental unit basis.
88 (3) A municipality may not:
89 (a) impose a disproportionate rental fee on an exempt business;
90 (b) require a residential landlord to deny tenancy to an individual released from
91 probation or parole whose conviction date occurred more than four years before the date of
92 tenancy; [
93 (c) without cause and notice, require a residential landlord to submit to a random
94 building inspection[
95 (d) unless agreed to by a residential landlord and in compliance with state and federal
96 law, collect from a residential landlord or retain:
97 (i) a tenant's consumer report, as defined in 15 U.S.C. Sec. 1681a, in violation of 15
98 U.S.C. Sec. 1681b as amended;
99 (ii) a tenant's criminal history record information in violation of Section 53-10-108; or
100 (iii) a copy of an agreement between the residential landlord and a tenant regarding the
101 tenant's term of occupancy, rent, or any other condition of occupancy;
102 (e) require that any documents required from the landlord be notarized; or
103 (f) prohibit a residential landlord from passing on to the tenant the license or
104 disproportionate fee.
105 (4) Nothing in this section shall limit:
106 (a) a municipality's right to audit and inspect an exempt residential landlord's records to
107 ensure compliance with a disproportionate rental fee reduction program; or
108 (b) the right of a municipality with a short-term or vacation rental ordinance to review
109 an owner's rental agreement to verify compliance with the municipality's ordinance.
110 (5) Notwithstanding Section 10-11-2, a residential landlord may provide the name and
111 address of a person to whom all correspondence regarding the property shall be sent. If the
112 landlord provides the name and address in writing, the municipality shall provide all further
113 correspondence regarding the property to the designated person. The municipality may also
114 provide copies of notices to the residential landlord.
115 [
116 municipality may recognize a good landlord training program described in its ordinance.
117 [
118 provide an appeal procedure affording due process of law to a residential landlord who is
119 denied a disproportionate rental fee reduction.
120 (b) A municipality may not adopt a new disproportionate rental fee unless the
121 municipality provides a disproportionate rental fee reduction.
122 (8) A property manager who represents an owner of property that qualifies for a
123 municipal disproportionate rental fee may not be restricted from simultaneously representing
124 another owner of property that does not qualify for a municipal disproportionate rental fee.