1     
RENTER SCREENING AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel K. Briscoe

5     
Senate Sponsor: ____________

6     

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
29     

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          [(1)] (5) "Owner" means the owner, lessor, or sublessor of a residential rental unit. A
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          [(2)] (6) "Rental agreement" means any agreement, written or oral, [which] that
61     establishes or modifies the terms, conditions, rules, or any other provisions regarding the use
62     and occupancy of a residential rental unit.
63          [(3)] (7) "Rental application" means an application required by an owner as a
64     prerequisite to the owner entering into a rental agreement for a residential rental unit.
65          [(4)] (8) "Renter" means any person entitled under a rental agreement to occupy a
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          [(5)] (10) "Residential rental unit" means a renter's principal place of residence and
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) [if] whether there is an anticipated availability in the residential rental unit; [and]
118          (ii) the criteria that the owner will review as a condition of accepting the applicant as a
119     [tenant] renter in the residential rental unit, including criteria related to the applicant's criminal
120     history, credit, income, employment, or rental history[.]; and

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.