Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 314 First Substitute (2023GS)

Sponsor

Rep. Judkins, M.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• amends the requirements for terminating a rental agreement when a renter is a victim of domestic violence; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

REMEDIES FOR VICTIMS OF DOMESTIC VIOLENCE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marsha Judkins
Senate Sponsor: 
Michael K. McKell
LONG TITLE
General Description:
This bill amends provisions related to victims of domestic violence.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends the requirements for terminating a rental agreement when a renter is a
victim of domestic violence; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-22-5.1
, as last amended by Laws of Utah 2020, Chapter 142
57-22-7
, as last amended by Laws of Utah 2012, Chapter 289
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
57-22-5.1
 is amended to read:
57-22-5.1.
Crime victim's right to new locks -- Domestic violence victim's right to
terminate rental agreement -- Limits an owner relating to assistance from public safety
agency.
(1) As used in this section:
(a) (i) "Court order" means, except as provided in Subsection (1)(a)(ii):
(A) a civil protective order, as defined in Section 
78B-7-102
;
(B) a civil stalking injunction, as defined in Section 
78B-7-102
;
(C) a criminal protective order, as defined in Section 
78B-7-102
; or
(D) a criminal stalking injunction, as defined in Section 
78B-7-102
.
(ii) "Court order" does not include:
(A) an ex parte civil protective order, as defined in Section 
78B-7-102
; or
(B) an ex parte civil stalking injunction, as defined in Section 
78B-7-102
, for which a
hearing is requested.
[
(a)
] 
(b)
 "Crime victim" means a victim of:
(i) domestic violence, as defined in Section 
77-36-1
;
(ii) stalking, as defined in Section 
76-5-106.5
;
(iii) a crime under Title 76, Chapter 5, Part 4, Sexual Offenses;
(iv) burglary or aggravated burglary under Section 
76-6-202
 or 
76-6-203
; or
(v) dating violence, as defined in Section 
78B-7-102
.
(c) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(d) "Financial obligation" means any rent, fees, damages, or other costs owed by a
renter.
(e) (i) "Future obligations" means a renter's obligations under the rental agreement after
the date on which the renter vacates the residential rental unit in accordance with Subsection
(6).
(ii) "Future obligations" includes:
(A) the payment of rent and fees for the residential rental unit; and
(B) the right to occupy the residential rental unit.
[
(b)
] 
(f)
 "Public safety agency" means a governmental entity that provides fire
protection, law enforcement, ambulance, medical, or similar service.
(g) "Victim of domestic violence" means the same as the term "victim" in Section
77-36-1
.
(h) "Termination fee" means the equivalent of one month of rent under the rental
agreement.
(2) An acceptable form of documentation of an act listed in Subsection (1) is:
(a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7, Part
6, Cohabitant Abuse Protective Orders, subsequent to a hearing of which the petitioner and
respondent have been given notice under Title 78B, Chapter 7, Part 6, Cohabitant Abuse
Protective Orders; or
(b) a copy of a police report documenting an act listed in Subsection (1).
(3) (a) A renter who is a crime victim may require the renter's owner to install a new
lock to the renter's residential rental unit if the renter:
(i) provides the owner with an acceptable form of documentation of an act listed in
Subsection (1); and
(ii) pays for the cost of installing the new lock.
(b) An owner may comply with Subsection (3)(a) by:
(i) rekeying the lock if the lock is in good working condition; or
(ii) changing the entire locking mechanism with a locking mechanism of equal or
greater quality than the lock being replaced.
(c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the
key that opens the new lock.
(d) Notwithstanding any rental agreement, an owner who installs a new lock under
Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to the
perpetrator of the act listed in Subsection (1).
(e) Notwithstanding Section 
78B-6-814
, if an owner refuses to provide a copy of the
key under Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit
by a protective order but is a renter on the rental agreement, the perpetrator may file a petition
with a court of competent jurisdiction within 30 days to:
(i) establish whether the perpetrator should be given a key and allowed access to the
residential rental unit; or
(ii) whether the perpetrator should be relieved of further liability under the rental
agreement because of the owner's exclusion of the perpetrator from the residential rental unit.
(f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further
liability under the rental agreement if the perpetrator is found by the court to have committed
the act upon which the landlord's exclusion of the perpetrator is based.
[
(4) A renter who is a victim of domestic violence, as defined in Section 
77-36-1
, may
terminate a rental agreement if the renter:
]
[
(a) is in compliance with:
]
[
(i) all provisions of Section 
57-22-5
; and
]
[
(ii) all obligations under the rental agreement;
]
[
(b) provides the owner:
]
[
(i) written notice of termination; and
]
[
(ii) a protective order protecting the renter from a domestic violence perpetrator or a
copy of a police report documenting that the renter is a victim of domestic violence and did not
participate in the violence; and
]
[
(c) no later than the date that the renter provides a notice of termination under
Subsection (4)(b)(i), pays the owner the equivalent of 45 days' rent for the period beginning on
the date that the renter provides the notice of termination.
]
(4) A renter who is a victim of domestic violence may terminate all of the renter's
future obligations under a rental agreement if the renter:
(a) except as provided in Subsection (5), is in compliance with all obligations under the
rental agreement, including the requirements of Section 
57-22-5
;
(b) provides the owner with:
(i) a court order protecting the renter from a domestic violence perpetrator; or
(ii) a copy of a police report documenting that the renter is a victim of domestic
violence and is not the predominant aggressor under Subsection 
77-36-2.2
(3);
(c) provides the owner with a written notice of termination that includes the date on
which the renter intends to vacate the renter's residential rental unit; and
(d) pays the owner a termination fee on the later of the day on which:
(i) the renter provides the owner with a written notice of termination; or
(ii) the renter vacates the renter's residential rental unit.
(5) A renter may terminate all of the renter's future obligations under a rental
agreement under Subsection (4) when the renter is not in compliance with the requirements of
Subsection 
57-22-5
(1)(g) or (2) if:
(a) the renter provides evidence to the owner with the written notice of termination
under Subsection (4)(c) establishing that:
(i) the noncompliance with Subsection 
57-22-5
(1)(g) or (2) occurred less than 30 days
before the day on which the renter provided the written notice of termination to the owner; and
(ii) the noncompliance with Subsection 
57-22-5
(1)(g) or (2) is due to domestic
violence;
(b) the renter is in compliance with all obligations of the rental agreement, except for
the noncompliance described in Subsection (5)(a); and
(c) the renter complies with Subsections (4)(b), (c), and (d).
(6) If a renter provides an owner with a written notice of termination under Subsection
(4)(c), the renter shall:
(a) vacate the renter's residential rental unit within 15 days after the day on which the
written notice of termination is provided to the owner; and
(b) pay rent for any occupation of the residential rental unit during that 15-day time
period.
(7) A renter may not terminate all of the renter's future obligations under a rental
agreement under Subsection (4) after a notice of eviction is served on the renter.
(8) A renter who terminates all of the renter's future obligations under a rental
agreement under Subsection (4) is liable for any financial obligation owed by the renter:
(a) before the renter provided the owner with the written notice of termination under
Subsection (4)(c);
(b) for any noncompliance with Subsection 
57-22-5
(1)(g) or (2) as described in
Subsection (5); and
(c) for any occupancy of the residential rental unit by the renter during the 15-day time
period described in Subsection (6).
(9) The termination of a renter's future obligations under a rental agreement does not
terminate the rental agreement for any other person entitled under the rental agreement to
occupy the residential rental unit.
[
(5)
] 
(10)
 An owner may not:
(a) impose a restriction on a renter's ability to request assistance from a public safety
agency; or
(b) penalize or evict a renter because the renter makes reasonable requests for
assistance from a public safety agency.
Section 2. Section 
57-22-7
 is amended to read:
57-22-7.
Limitation on counties and municipalities.
(1) A county or municipality may not adopt an ordinance, resolution, or regulation that
is inconsistent with this chapter.
(2) (a) Subsection (1) may not be construed to limit the ability of a county or
municipality to enforce an applicable administrative remedy with respect to a residential rental
unit for a violation of a county or municipal ordinance, subject to Subsection (2)(b).
(b) A county or municipality's enforcement of an administrative remedy may not have
the effect of:
(i) modifying the time requirements of a corrective period, as defined in Section
57-22-6
;
(ii) limiting or otherwise affecting a tenant's remedies under Section 
57-22-6
; or
(iii) modifying an owner's obligation under this chapter to a tenant relating to the
habitability of a residential rental unit.
(3) A municipality with a good landlord program under Section 
10-1-203.5
 may not
limit an owner's participation in the program or reduce program benefits to the owner because
of renter or crime victim action that the owner is prohibited under Subsection [
57-22-5.1
(5)
]
57-22-5.1
(10)
 from restricting or penalizing.