This document includes House Committee Amendments incorporated into the bill on Thu, Feb 18, 2021 at 9:22 AM by pflowers.
Representative Marsha Judkins proposes the following substitute bill:


1     
RENTAL EXPENSES DISCLOSURE REQUIREMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marsha Judkins

5     
Senate Sponsor: Todd D. 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 certain disclosures to a
13     potential renter before accepting an application fee or any other payment;
14          ▸     prohibits an owner from charging a renter under a rental agreement a fee, tax,
15     assessment, interest, or other cost:
16               •     that is not disclosed in the rental agreement, except under certain conditions; or
17               •     in an amount greater than agreed to in the rental agreement;
18          ▸     permits a prospective renter to seek reimbursement from an owner under certain
19     conditions;
20          ▸     prohibits an owner from charging a late fee that exceeds a certain amount; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          57-22-4, as last amended by Laws of Utah 2017, Chapter 19
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 57-22-4 is amended to read:
32          57-22-4. Owner's duties.
33          (1) To protect the physical health and safety of the ordinary renter, an owner:
34          (a) may not rent the premises unless they are safe, sanitary, and fit for human
35     occupancy; and
36          (b) shall:
37          (i) maintain common areas of the residential rental unit in a sanitary and safe condition;
38          (ii) maintain electrical systems, plumbing, heating, and hot and cold water;
39          (iii) maintain any air conditioning system in an operable condition;
40          (iv) maintain other appliances and facilities as specifically contracted in the rental
41     agreement; and
42          (v) for buildings containing more than two residential rental units, provide and
43     maintain appropriate receptacles for garbage and other waste and arrange for its removal,
44     except to the extent that the renter and owner otherwise agree.
45          (2) Except as otherwise provided in the rental agreement, an owner shall provide the
46     renter at least 24 hours prior notice of the owner's entry into the renter's residential rental unit.
47          (3) (a) Before an owner accepts an application fee or any other payment from a
48     prospective renter, the owner shall disclose in writing to the prospective renter:
49          (i) a good faith estimate of:
50          (A) the rent amount; and
51          (B) the amount of each Ĥ→ fixed, ←Ĥ non-rent Ĥ→ [related] ←Ĥ expense that is part of
51a     the rental agreement;
51b          Ĥ→ (ii) the type of each use-based, non-rent expense that is part of the rental
51c     agreement; ←Ĥ
52          Ĥ→ [(ii)] (iii) ←Ĥ the day on which the residential rental unit is scheduled to be available;
53          Ĥ→ [(iii)] (iv) ←Ĥ the criteria that the owner will consider in determining the prospective
53a     renter's
54     eligibility as a renter in the residential rental unit, including criteria related to the prospective
55     renter's criminal history, credit, income, employment, or rental history; and
56          Ĥ→ [(iv)] (v) ←Ĥ the requirements and process for the prospective renter to recover money
56a     the
57     prospective renter pays in relation to the residential rental unit, as described in Subsection (4).
58          (b) An owner may satisfy the written disclosure requirement described in Subsection
59     (3)(a)(i) through a rental application, deposit agreement, or written summary.
60          (4) (a) A prospective renter may make a written demand to the owner of a residential
61     rental unit requesting the return of money the prospective renter paid in relation to the rental of
62     the residential rental unit, if:
63          (i) Ĥ→ (A) ←Ĥ an amount the owner provides in the good-faith estimate described in
63a     Subsection (3)
64     is different than the amount in the rental agreement; Ĥ→ or
64a          (B) the rental agreement includes a type of use-based, non-rent expense that was not
64b     disclosed under Subsection (3); ←Ĥ and
65          (ii) the prospective renter:
66          (A) makes the written demand within five business days after the day on which the
67     prospective renter receives the rental agreement; and
68          (B) at the time the prospective renter makes the written demand, has not signed the
69     rental agreement or taken possession of the residential rental unit.
70          (b) If a prospective renter makes a written demand in accordance with Subsection
71     (4)(a), the owner shall return all money the prospective renter paid the owner within five
72     business days after the day on which the owner receives the written demand.
73          (5) An owner may not charge a renter:
74          (a) a late fee that exceeds the greater of:
75          (i) 10% of the rent agreed to in the rental agreement; or
76          (ii) $75; or
77          (b) a fee, fine, assessment, interest, or other cost:
78          (i) in an amount greater than the amount agreed to in the rental agreement; or
79          (ii) that is not included in the rental agreement, unless:
80          (A) the rental agreement is on a month-to-month basis; and
81          (B) the owner provides the renter a 15-day notice of the charge.
82          (6) Before an owner and a prospective renter enter into a rental agreement, the owner
83     shall:
84          (a) provide the prospective renter a written inventory of the condition of the residential
85     rental unit, excluding ordinary wear and tear;
86          (b) furnish the renter a form to document the condition of the residential rental unit and
87     then allow the resident a reasonable time after the renter's occupancy of the residential rental
88     unit to complete and return the form; or
89          (c) provide the prospective renter an opportunity to conduct a walkthrough inspection
90     of the residential rental unit.
91          [(4)] (7) At or before the commencement of the rental term under a rental agreement,
92     an owner shall:
93          (a) disclose in writing to the renter:
94          (i) the owner's name, address, and telephone number; or
95          (ii) (A) the name, address, and telephone number of any person authorized to manage
96     the residential rental unit; or
97          (B) the name, address, and telephone number of any person authorized to act for and on
98     behalf of the owner for purposes of receiving notice under this chapter or performing the
99     owner's duties under this chapter or under the rental agreement, if the person authorized to
100     manage the residential rental unit does not have authority to receive notice under this chapter;
101     and
102          (b) provide the renter:
103          (i) an executed copy of the rental agreement, if the rental agreement is a written
104     agreement; and
105          (ii) a copy of any rules and regulations applicable to the residential rental unit.
106          [(5) (a) An owner shall disclose in writing to an applicant for a residential rental unit:]
107          [(i) if there is an anticipated availability in the residential rental unit; and]
108          [(ii) the criteria that the owner will review as a condition of accepting the applicant as a
109     tenant in the residential rental unit, including criteria related to the applicant's criminal history,
110     credit, income, employment, or rental history.]
111          [(b) An owner may not accept a rental application from an applicant, or charge an
112     applicant a rental application fee, before the owner complies with the disclosure requirement in
113     Subsection (5)(a).]
114          (8) Nothing in this section prohibits any fee, fine, assessment, interest, or cost that is
115     allowed by law or stated in the rental agreement.
116          [(6) An]
117          (9) A renter may not use an owner's failure to comply with a requirement of Subsection
118     (2), (3), (4), [or (5) may not: (a) be used by the renter] (5), (6), or (7) as a basis:
119          (a) to excuse the renter's compliance with a rental agreement; or
120          [(b) give rise to any]
121          (b) to bring a cause of action against the owner.