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7 LONG TITLE
8 General Description:
9 This bill addresses screening of prospective renters.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires a prospective owner to indicate whether the prospective owner will accept a
14 comprehensive reusable renter screening report;
15 ▸ prohibits an owner from charging a fee for a renter screening report if the owner
16 indicates that the owner will accept a comprehensive reusable renter screening
17 report; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 57-22-2, as last amended by Laws of Utah 2017, Chapter 19
26 57-22-4, as last amended by Laws of Utah 2017, Chapter 19
27 ENACTS:
28 57-22-4.3, Utah Code Annotated 1953
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 57-22-2 is amended to read:
32 57-22-2. Definitions.
33 As used in this chapter:
34 (1) "Comprehensive reusable renter screening report" means a renter screening report
35 prepared by a renter screening report agency at the direction of, and paid for by, a prospective
36 renter and made available by a renter screening report agency directly to a prospective owner at
37 no charge, that contains all of the following:
38 (a) a consumer report prepared by a consumer reporting agency within the past 60 days;
39 (b) the prospective renter's criminal history;
40 (c) the prospective renter's eviction history;
41 (d) employment verification of the prospective renter; and
42 (e) the prospective renter's address and rental history.
43 (2) "Consumer report" means the same as that term is defined in 15 U.S.C. Sec. 1681a.
44 (3) "Criminal history" means a report containing or summarizing:
45 (a) a prospective renter's criminal convictions and pending cases, the final disposition
46 of which antedates the report by no more than seven years; and
47 (b) the results of a sex offender registry search and a United States Department of the
48 Treasury's office of foreign assets control search, both based on at least seven years of address
49 history and alias information provided by the prospective renter or available in a consumer
50 report.
51 (4) "Eviction history" means a report containing or summarizing the contents of any
52 records of unlawful detainer actions concerning the prospective renter that are reportable in
53 accordance with state law, are lawful for owners to consider, and are obtained after a search
54 based on at least seven years of address history and alias information provided by the
55 prospective renter or available in a consumer report.
56 [
57 managing agent, leasing agent, or resident manager is considered an owner for purposes of
58 notice and other communication required or allowed under this chapter unless the agent or
59 manager specifies otherwise in writing in the rental agreement.
60 [
61 establishes or modifies the terms, conditions, rules, or any other provisions regarding the use
62 and occupancy of a residential rental unit.
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64 prerequisite to the owner entering into a rental agreement for a residential rental unit.
65 [
66 residential rental unit to the exclusion of others.
67 (9) "Renter screening report agency" means a person transacting business in this state
68 who, for a fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part
69 in the practice of assembling or evaluating information about a prospective renter for the
70 purpose of providing reports.
71 [
72 includes the appurtenances, grounds, and facilities held out for the use of the residential renter
73 generally, and any other area or facility provided to the renter in the rental agreement. It does
74 not include facilities contained in a boarding or rooming house or similar facility, mobile home
75 lot, or recreational property rented on an occasional basis.
76 Section 2. Section 57-22-4 is amended to read:
77 57-22-4. Owner's duties.
78 (1) To protect the physical health and safety of the ordinary renter, an owner:
79 (a) may not rent the premises unless they are safe, sanitary, and fit for human
80 occupancy; and
81 (b) shall:
82 (i) maintain common areas of the residential rental unit in a sanitary and safe condition;
83 (ii) maintain electrical systems, plumbing, heating, and hot and cold water;
84 (iii) maintain any air conditioning system in an operable condition;
85 (iv) maintain other appliances and facilities as specifically contracted in the rental
86 agreement; and
87 (v) for buildings containing more than two residential rental units, provide and
88 maintain appropriate receptacles for garbage and other waste and arrange for its removal,
89 except to the extent that the renter and owner otherwise agree.
90 (2) Except as otherwise provided in the rental agreement, an owner shall provide the
91 renter at least 24 hours prior notice of the owner's entry into the renter's residential rental unit.
92 (3) Before an owner and a prospective renter enter into a rental agreement, the owner
93 shall:
94 (a) provide the prospective renter a written inventory of the condition of the residential
95 rental unit, excluding ordinary wear and tear;
96 (b) furnish the renter a form to document the condition of the residential rental unit and
97 then allow the resident a reasonable time after the renter's occupancy of the residential rental
98 unit to complete and return the form; or
99 (c) provide the prospective renter an opportunity to conduct a walkthrough inspection
100 of the residential rental unit.
101 (4) At or before the commencement of the rental term under a rental agreement, an
102 owner shall:
103 (a) disclose in writing to the renter:
104 (i) the owner's name, address, and telephone number; or
105 (ii) (A) the name, address, and telephone number of any person authorized to manage
106 the residential rental unit; or
107 (B) the name, address, and telephone number of any person authorized to act for and on
108 behalf of the owner for purposes of receiving notice under this chapter or performing the
109 owner's duties under this chapter or under the rental agreement, if the person authorized to
110 manage the residential rental unit does not have authority to receive notice under this chapter;
111 and
112 (b) provide the renter:
113 (i) an executed copy of the rental agreement, if the rental agreement is a written
114 agreement; and
115 (ii) a copy of any rules and regulations applicable to the residential rental unit.
116 (5) (a) An owner shall disclose in writing to an applicant for a residential rental unit:
117 (i) [
118 (ii) the criteria that the owner will review as a condition of accepting the applicant as a
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120 history, credit, income, employment, or rental history[
121 (iii) whether the owner will accept a comprehensive reusable renter screening report
122 made available to the owner by a renter screening report agency.
123 (b) An owner may not accept a rental application from an applicant, or charge an
124 applicant a rental application fee, before the owner complies with the disclosure requirement in
125 Subsection (5)(a).
126 (c) An owner who maintains a website to advertise the rental of a residential rental unit
127 or as a source of information for current or prospective renters shall include a statement on the
128 residential rental unit's home page stating whether the owner will accept a comprehensive
129 reusable renter screening report made available to the owner by a renter screening report
130 agency.
131 (6) An owner's failure to comply with a requirement of Subsection (2), (3), (4), or (5)
132 may not:
133 (a) be used by the renter as a basis to excuse the renter's compliance with a rental
134 agreement; or
135 (b) give rise to any cause of action against the owner.
136 Section 3. Section 57-22-4.3 is enacted to read:
137 57-22-4.3. Comprehensive reusable renter screening report.
138 If an owner indicates under Subsection 57-22-4(5)(a)(iii) or (5)(c) that the owner will
139 accept a comprehensive reusable renter screening report, the owner may access the owner's
140 own renter screening information regarding a prospective renter so long as the prospective
141 renter is not charged for the owner obtaining the owner's own renter screening information.