This document includes House Floor Amendments incorporated into the bill on Mon, Mar 2, 2020 at 11:04 AM by naomigarrow.
Representative Marsha Judkins proposes the following substitute bill:


1     
RENTER EXPENSES DISCLOSURE REQUIREMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marsha Judkins

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill amends an owner's duties under the Utah Fit Premises Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires an owner of a residential rental unit to make expense-related disclosures to
13     a potential renter before accepting or an application fee or any other payment;
14          ▸     prohibits an owner from charging a renter under a rental agreement a fee, tax,
15     assessment, or other cost that is not disclosed in the rental agreement, except under
16     certain conditions;
17          ▸     permits a prospective renter to seek reimbursement from an owner under certain
18     conditions; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          57-22-4, as last amended by Laws of Utah 2017, Chapter 19
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 57-22-4 is amended to read:
30          57-22-4. Owner's duties.
31          (1) To protect the physical health and safety of the ordinary renter, an owner:
32          (a) may not rent the premises unless they are safe, sanitary, and fit for human
33     occupancy; and
34          (b) shall:
35          (i) maintain common areas of the residential rental unit in a sanitary and safe condition;
36          (ii) maintain electrical systems, plumbing, heating, and hot and cold water;
37          (iii) maintain any air conditioning system in an operable condition;
38          (iv) maintain other appliances and facilities as specifically contracted in the rental
39     agreement; and
40          (v) for buildings containing more than two residential rental units, provide and
41     maintain appropriate receptacles for garbage and other waste and arrange for its removal,
42     except to the extent that the renter and owner otherwise agree.
43          (2) Except as otherwise provided in the rental agreement, an owner shall provide the
44     renter at least 24 hours prior notice of the owner's entry into the renter's residential rental unit.
45          (3) Before an owner accepts an application fee or any other payment from a
46     prospective renter, the owner shall disclose in writing to the prospective renter:
47          (a) each monthly, incidental, or end of lease fee, tax, assessment, or other cost that the
48     prospective renter will be obligated to pay under the rental agreement as the fee, tax,
49     assessment, or other cost appears in the rental agreement;
50          (b) if there is an anticipated availability in the residential rental unit; and
51          (c) the criteria that the owner will review as a condition of accepting the prospective
52     renter as a renter in the residential rental unit, including criteria related to the prospective
53     renter's criminal history, credit, income, employment, or rental history.
54          (4) (a) A prospective renter may make a written demand to an owner requesting the
55     return of money the prospective renter paid to the owner in relation to the rental of a rental unit,
56     if:
57          (i) the owner fails to provide a disclosure to the prospective renter as required under
58     Subsection (3)(a);
59          (ii) the prospective renter pays money to the owner that the owner charged in violation
60     of Subsection (3)(a);
61          (iii) the prospective renter and the owner do not enter into a rental agreement; and
62          (iv) the written demand:
63          (A) is delivered to the owner within Ĥ→ [30] 15 ←Ĥ days after the day on which the
63a     prospective
64     renter pays the money described in Subsection (4)(a)(ii);
65          (B) references each fee, tax, assessment, or other cost that the prospective renter
66     alleges the owner charged in violation of Subsection (3)(a); and
67          (C) requests the return of the money the prospective renter paid the owner as described
68     in Subsection (4)(a)(ii).
69          (b) An owner who receives a written demand as described in Subsection (4)(a) shall
70     refund the money described in Subsection (4)(a)(ii) within seven days after the day on which
71     the owner receives the written demand.
72          (5) An owner may not charge a renter under a rental agreement a fee, tax, assessment,
73     or other cost that is not included in the rental agreement, unless:
74          (a) the tenancy is month to month; and
75          (b) the owner provides the renter a 15-day notice of the charge.
76          (6) Before an owner and a prospective renter enter into a rental agreement, the owner
77     shall:
78          (a) provide the prospective renter a written inventory of the condition of the residential
79     rental unit, excluding ordinary wear and tear;
80          (b) furnish the renter a form to document the condition of the residential rental unit and
81     then allow the resident a reasonable time after the renter's occupancy of the residential rental
82     unit to complete and return the form; or
83          (c) provide the prospective renter an opportunity to conduct a walkthrough inspection
84     of the residential rental unit.
85          [(4)] (7) At or before the commencement of the rental term under a rental agreement,
86     an owner shall:
87          (a) disclose in writing to the renter:
88          (i) the owner's name, address, and telephone number; or
89          (ii) (A) the name, address, and telephone number of any person authorized to manage
90     the residential rental unit; or
91          (B) the name, address, and telephone number of any person authorized to act for and on
92     behalf of the owner for purposes of receiving notice under this chapter or performing the
93     owner's duties under this chapter or under the rental agreement, if the person authorized to
94     manage the residential rental unit does not have authority to receive notice under this chapter;
95     and
96          (b) provide the renter:
97          (i) an executed copy of the rental agreement, if the rental agreement is a written
98     agreement; and
99          (ii) a copy of any rules and regulations applicable to the residential rental unit.
100          [(5) (a) An owner shall disclose in writing to an applicant for a residential rental unit:]
101          [(i) if there is an anticipated availability in the residential rental unit; and]
102          [(ii) the criteria that the owner will review as a condition of accepting the applicant as a
103     tenant in the residential rental unit, including criteria related to the applicant's criminal history,
104     credit, income, employment, or rental history.]
105          [(b) An owner may not accept a rental application from an applicant, or charge an
106     applicant a rental application fee, before the owner complies with the disclosure requirement in
107     Subsection (5)(a).]
108          (8) Nothing in this section prohibits any fee, fine, assessment, or cost that is allowed by
109     law.
110          [(6) An] (9) A renter may not use an owner's failure to comply with a requirement of
111     Subsection (2), (3), [(4), or (5) may not: (a) be used by the renter] (5), (6), or (7) as a basis:
112          (a) to excuse the renter's compliance with a rental agreement; or
113          [(b) give rise to any]
114          (b) to bring a cause of action against the owner.