Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 30 (2016GS)

Sponsor

Rep. Froerer, G.

Final action

Governor Signed 3/21/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines "residential landlord";
• prohibits a municipality from requiring a residential landlord to deny tenancy to certain individuals;
• prohibits a municipality from requiring a residential landlord to provide certain information on a tenant or on a contract with a tenant;
• permits a municipality to require a copy of an agreement between the owner of record of real property and a third-party provider who manages the property;
• if a residential landlord owns multiple properties, requires a municipality to charge a disproportionate rental fee reduction for each property that is in compliance; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

GOOD LANDLORD PROGRAM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gage Froerer
Senate Sponsor: 
 Daniel W. Thatcher
LONG TITLE
Committee Note:
The Political Subdivisions Interim Committee recommended this bill.
General Description:
This bill amends provisions related to a good landlord program.
Highlighted Provisions:
This bill:
▸ defines "residential landlord";
▸ prohibits a municipality from requiring a residential landlord to deny tenancy to
certain individuals;
▸ prohibits a municipality from requiring a residential landlord to provide certain
information on a tenant or on a contract with a tenant;
▸ permits a municipality to require a copy of an agreement between the owner of
record of real property and a third-party provider who manages the property;
▸ if a residential landlord owns multiple properties, requires a municipality to charge
a disproportionate rental fee reduction for each property that is in compliance; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-1-203.5
, as enacted by Laws of Utah 2012, Chapter 289
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-1-203.5
 is amended to read:
10-1-203.5.
Disproportionate rental fee -- Good landlord training program -- Fee
reduction.
(1) As used in this section:
(a) "Business" means the rental of one or more residential units within a municipality.
(b) "Disproportionate rental fee" means a fee adopted by a municipality to recover its
disproportionate costs of providing municipal services to residential rental units compared to
similarly-situated owner-occupied housing.
(c) "Disproportionate rental fee reduction" means a reduction of a disproportionate
rental fee as a condition of complying with the requirements of a good landlord training
program.
(d) "Exempt business" means the rental of a residential unit within a single structure
that contains:
(i) no more than four residential units; and
(ii) one unit occupied by the owner.
(e) "Exempt landlord" means a residential landlord who demonstrates to a
municipality:
(i) completion of any live good landlord training program offered by any other Utah
city that offers a good landlord program;
(ii) that the residential landlord has a current professional designation of "property
manager"; or
(iii) compliance with a requirement described in Subsection [
(4)
] 
(6)
.
(f) "Good landlord training program" means a program offered by a municipality to
encourage business practices that are designed to reduce the disproportionate cost of municipal
services to residential rental units by offering a disproportionate rental fee reduction for any
residential
 landlord who:
(i) (A) completes a landlord training program provided by the municipality; or
(B) is an exempt landlord;
(ii) implements measures to reduce crime in rental housing as specified in a municipal
ordinance or policy; and
(iii) operates and manages rental housing in accordance with an applicable municipal
ordinance.
(g) "Municipal services" means:
(i) public utilities;
(ii) police;
(iii) fire;
(iv) code enforcement;
(v) storm water runoff;
(vi) traffic control;
(vii) parking;
(viii) transportation;
(ix) beautification; or
(x) snow removal.
(h) "Municipal services study" means a study of the cost of all municipal services to
rental housing that:
(i) are reasonably attributable to the rental housing; and
(ii) exceed the municipality's cost to serve similarly-situated, owner-occupied housing.
(i) "Residential landlord" means:
(i) the owner of record of residential real property that is leased or rented to another; or
(ii) a third-party provider that has an agreement with the owner of record to manage the
owner's real property.
(2) The legislative body of a municipality may charge and collect a disproportionate
rental fee on a business that causes disproportionate costs to municipal services if the
municipality:
(a) has performed a municipal services study; and
(b) adopts a disproportionate rental fee that does not exceed the amount that is justified
by the municipal services study on a per residential rental unit basis.
(3) A municipality may not:
(a) impose a disproportionate rental fee on an exempt business;
(b) require a 
residential
 landlord to deny tenancy to an individual released from
probation or parole whose conviction date occurred more than four years before the date of
tenancy; [
or
]
(c) without cause and notice, require a 
residential
 landlord to submit to a random
building inspection[
.
]
;
(d) unless agreed to by a residential landlord and in compliance with state and federal
law, collect from a residential landlord or retain:
(i) a tenant's consumer report, as defined in 15 U.S.C. Sec. 1681a, in violation of 15
U.S.C. Sec. 1681b as amended;
(ii) a tenant's criminal history record information in violation of Section 
53-10-108
; or
(iii) a copy of an agreement between the residential landlord and a tenant regarding the
tenant's term of occupancy, rent, or any other condition of occupancy;
(e) require that any documents required from the landlord be notarized; or
(f) prohibit a residential landlord from passing on to the tenant the license or
disproportionate fee.
(4) Nothing in this section shall limit:
(a) a municipality's right to audit and inspect an exempt residential landlord's records to
ensure compliance with a disproportionate rental fee reduction program; or
(b) the right of a municipality with a short-term or vacation rental ordinance to review
an owner's rental agreement to verify compliance with the municipality's ordinance.
(5) Notwithstanding Section 
10-11-2
, a residential landlord may provide the name and
address of a person to whom all correspondence regarding the property shall be sent. If the
landlord provides the name and address in writing, the municipality shall provide all further
correspondence regarding the property to the designated person. The municipality may also
provide copies of notices to the residential landlord.
[
(4)
] 
(6)
 In addition to a requirement or qualification described in Subsection (1)(e), a
municipality may recognize a 
good
 landlord training 
program
 described in its ordinance.
[
(5)
] 
(7)
 (a) If a municipality adopts a good landlord program, the municipality shall
provide an appeal procedure affording due process of law to a 
residential
 landlord who is
denied a disproportionate rental fee reduction.
(b) A municipality may not adopt a new disproportionate rental fee unless the
municipality provides a disproportionate rental fee reduction.
(8) A property manager who represents an owner of property that qualifies for a
municipal disproportionate rental fee may not be restricted from simultaneously representing
another owner of property that does not qualify for a municipal disproportionate rental fee.
Legislative Review Note
Office of Legislative Research and General Counsel