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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-21-401, 2025

This section defines affordable housing, owner-occupier, and a qualifying affordable home ownership single-family density bonus, and allows municipalities to add requirements or incentives for approved bonus areas.

Source excerpt

affordable home ownershipaffordable housingbuyer preference programdeed restrictiondensity bonusfloor areahousinghousing affordabilityland usemunicipal incentivesowner-occupancyproperty ownershipreal estate salesrental pricingresidential densityresidential developmentresidential occupancyresidential unitssingle-family developmentzoning
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2025
Dates
Enacted 2025
More statute details
Dates
Enacted 2025
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01

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“This section defines affordable housing, owner-occupier, and a qualifying affordable home ownership single-family density bonus, and allows municipalities to add requirements or incentives for approved bonus areas.”

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Subsection 10-21-401(1)(a)(ii)

The rental price must be affordable to a household earning no more than 80% of the county area median income.

Section 10-21-401(1)(a)(ii)

Subsection 10-21-401(1)(c)(i)

For areas with underlying zoning density under six residential units per acre, municipal approval is tied to a density of at least six residential units per acre.

Section 10-21-401(1)(c)(i)

Subsection 10-21-401(2)(b)

At least 25% of the total single-family residential units must qualify as affordable housing.

Section 10-21-401(2)(b)

Subsection 10-21-401(3)

A municipality may offer additional incentives in certain approved affordable home-ownership density bonus areas.

Section 10-21-401(3)

04

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In force source record

Source record from le.utah.gov · Enacted 2025

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Showing 15 of 15 provisions

Provision 15

Part 10-21-4

part 10-21-4 Optional Tools for Municipalities to Promote Housing Supply

§ 10-21-401Affordable home ownership density bonus for single-family residential units.Provision

Source excerpt

This section defines affordable housing, owner-occupier, and a qualifying affordable home ownership single-family density bonus, and allows municipalities to add requirements or incentives for approved bonus areas.

Affordable home ownership density bonus for single-family residential units. As used in this section: "Affordable housing" means a dwelling: offered for sale to an owner-occupier at a purchase price affordable to a household with a gross income of no more than 120% of area median income for the county in which the residential unit is offered for sale; or offered for rent at a rental price affordable to a household with a gross income of no more than 80% of area median income for the county in which the residential unit is offered for rent. "Owner-occupier" means an individual who owns, solely or jointly, a housing unit in which the individual lives as the individual's primary residence. "Qualifying affordable home ownership single-family density bonus" means: for an area with an underlying zoning density of less than six residential units per acre, municipal approval of a density at least six residential units per acre; or for an area with an underlying zoning density of six residential units per acre or more, municipal approval of a density at least 0.5 residential units per acre greater than the underlying zoning density for the area. If a municipality approves a qualifying affordable home ownership single-family density bonus, either through a zoning ordinance or a development agreement, the municipality may adopt requirements for the qualifying affordable home ownership single-family density bonus area to ensure: at least 60% of the total single-family residential units be deed-restricted to owner-occupancy for at least five years; at least 25% of the total single-family residential units qualify as affordable housing; at least 25% of the single-family residential units per acre to be no larger than 1,600 square feet; or the applicant creates a preferential qualifying buyer program in which a single-family residential unit is initially offered for sale, for up to 30 days, to a category of preferred qualifying buyers established by the municipality, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601. A municipality may offer additional incentives in a qualifying affordable home ownership single-family density bonus area approved for single-family residential units to promote owner-occupied, affordable housing.
Section 10-21-401Verify source
§ 10-21-401(1)Subsection 10-21-401(1)Provision

Source excerpt

This subsection defines “affordable housing,” “owner-occupier,” and “qualifying affordable home ownership single-family density bonus.”

As used in this section: "Affordable housing" means a dwelling: offered for sale to an owner-occupier at a purchase price affordable to a household with a gross income of no more than 120% of area median income for the county in which the residential unit is offered for sale; or offered for rent at a rental price affordable to a household with a gross income of no more than 80% of area median income for the county in which the residential unit is offered for rent. "Owner-occupier" means an individual who owns, solely or jointly, a housing unit in which the individual lives as the individual's primary residence. "Qualifying affordable home ownership single-family density bonus" means: for an area with an underlying zoning density of less than six residential units per acre, municipal approval of a density at least six residential units per acre; or for an area with an underlying zoning density of six residential units per acre or more, municipal approval of a density at least 0.5 residential units per acre greater than the underlying zoning density for the area.
Section 10-21-401(1)Verify source
§ 10-21-401(1)(a)Subsection 10-21-401(1)(a)Provision

Source excerpt

‘Affordable housing’ means a dwelling sold or rented at a price affordable to households below specified area-median-income thresholds.

"Affordable housing" means a dwelling: offered for sale to an owner-occupier at a purchase price affordable to a household with a gross income of no more than 120% of area median income for the county in which the residential unit is offered for sale; or offered for rent at a rental price affordable to a household with a gross income of no more than 80% of area median income for the county in which the residential unit is offered for rent.
Section 10-21-401(1)(a)Verify source
§ 10-21-401(1)(a)(i)Subsection 10-21-401(1)(a)(i)Provision

Source excerpt

The unit may be offered for sale at a price affordable to a household earning no more than 120% of area median income in the county.

offered for sale to an owner-occupier at a purchase price affordable to a household with a gross income of no more than 120% of area median income for the county in which the residential unit is offered for sale; or
Section 10-21-401(1)(a)(i)Verify source
§ 10-21-401(1)(a)(ii)Subsection 10-21-401(1)(a)(ii)Provision

Source excerpt

The rental price must be affordable to a household earning no more than 80% of the county area median income.

offered for rent at a rental price affordable to a household with a gross income of no more than 80% of area median income for the county in which the residential unit is offered for rent.
Section 10-21-401(1)(a)(ii)Verify source
§ 10-21-401(1)(b)Subsection 10-21-401(1)(b)Provision

Source excerpt

"Owner-occupier" means an individual who owns a housing unit and lives in it as a primary residence.

"Owner-occupier" means an individual who owns, solely or jointly, a housing unit in which the individual lives as the individual's primary residence.
Section 10-21-401(1)(b)Verify source
§ 10-21-401(1)(c)Subsection 10-21-401(1)(c)Provision

Source excerpt

This provision defines “Qualifying affordable home ownership single-family density bonus.”

"Qualifying affordable home ownership single-family density bonus" means: for an area with an underlying zoning density of less than six residential units per acre, municipal approval of a density at least six residential units per acre; or for an area with an underlying zoning density of six residential units per acre or more, municipal approval of a density at least 0.5 residential units per acre greater than the underlying zoning density for the area.
Section 10-21-401(1)(c)Verify source
§ 10-21-401(1)(c)(i)Subsection 10-21-401(1)(c)(i)Provision

Source excerpt

For areas with underlying zoning density under six residential units per acre, municipal approval is tied to a density of at least six residential units per acre.

for an area with an underlying zoning density of less than six residential units per acre, municipal approval of a density at least six residential units per acre; or
Section 10-21-401(1)(c)(i)Verify source
§ 10-21-401(1)(c)(ii)Subsection 10-21-401(1)(c)(ii)Provision

Source excerpt

For an area with an underlying zoning density of six residential units per acre or more, municipal approval may apply to a density at least 0.5 residential units per acre above that underlying density.

for an area with an underlying zoning density of six residential units per acre or more, municipal approval of a density at least 0.5 residential units per acre greater than the underlying zoning density for the area.
Section 10-21-401(1)(c)(ii)Verify source
§ 10-21-401(2)Subsection 10-21-401(2)Provision

Source excerpt

If a municipality approves a qualifying affordable home ownership single-family density bonus through a zoning ordinance or development agreement, it may adopt requirements for the bonus area.

If a municipality approves a qualifying affordable home ownership single-family density bonus, either through a zoning ordinance or a development agreement, the municipality may adopt requirements for the qualifying affordable home ownership single-family density bonus area to ensure: at least 60% of the total single-family residential units be deed-restricted to owner-occupancy for at least five years; at least 25% of the total single-family residential units qualify as affordable housing; at least 25% of the single-family residential units per acre to be no larger than 1,600 square feet; or the applicant creates a preferential qualifying buyer program in which a single-family residential unit is initially offered for sale, for up to 30 days, to a category of preferred qualifying buyers established by the municipality, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601.
Section 10-21-401(2)Verify source
§ 10-21-401(2)(a)Subsection 10-21-401(2)(a)Provision

Source excerpt

At least 60% of the total single-family residential units must be deed-restricted to owner-occupancy for at least five years.

at least 60% of the total single-family residential units be deed-restricted to owner-occupancy for at least five years;
Section 10-21-401(2)(a)Verify source
§ 10-21-401(2)(b)Subsection 10-21-401(2)(b)Provision

Source excerpt

At least 25% of the total single-family residential units must qualify as affordable housing.

at least 25% of the total single-family residential units qualify as affordable housing;
Section 10-21-401(2)(b)Verify source
§ 10-21-401(2)(c)Subsection 10-21-401(2)(c)Provision

Source excerpt

At least 25% of the single-family residential units per acre must be no larger than 1,600 square feet, or another option applies.

at least 25% of the single-family residential units per acre to be no larger than 1,600 square feet; or
Section 10-21-401(2)(c)Verify source
§ 10-21-401(2)(d)Subsection 10-21-401(2)(d)Provision

Source excerpt

The applicant creates a preferential qualifying buyer program for a single-family residential unit that is first offered for sale to preferred qualifying buyers.

the applicant creates a preferential qualifying buyer program in which a single-family residential unit is initially offered for sale, for up to 30 days, to a category of preferred qualifying buyers established by the municipality, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601.
Section 10-21-401(2)(d)Verify source
§ 10-21-401(3)Subsection 10-21-401(3)Provision

Source excerpt

A municipality may offer additional incentives in certain approved affordable home-ownership density bonus areas.

A municipality may offer additional incentives in a qualifying affordable home ownership single-family density bonus area approved for single-family residential units to promote owner-occupied, affordable housing.
Section 10-21-401(3)Verify source

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1 referenced instrument

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  • Fair Housing Act

    Sections 10-21-401, 10-21-401(2), 10-21-401(2)(d)

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