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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-8-85.4, 2017

A municipality generally may not ban or punish listing a short-term rental on a short-term rental website, but it may require licensing or permits and may request removal only for zoning or licensing violations.

Source excerpt

business licensesbusiness licensingcontent removal requestcounty auditormunicipal administrationmunicipal ordinancesmunicipal permittingmunicipal regulationmunicipal zoningnotice to websiteoccupancy durationshort-term rentalshort-term rental platformsshort-term rentalstax referraltax referralstransient room taxwebsite listingswebsite takedown requestszoning
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2017
Dates
Enacted 2017
More statute details
Dates
Enacted 2017
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01

Purpose and legislative effect

“A municipality generally may not ban or punish listing a short-term rental on a short-term rental website, but it may require licensing or permits and may request removal only for zoning or licensing violations.”

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02

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Subsection 10-8-85.4(1)(e)

"Short-term rental" means a residential unit, or part of one, offered by the owner of record or lessee for occupancy for fewer than 30 consecutive days.

Section 10-8-85.4(1)(e)

Subsection 10-8-85.4(2)(b)

use an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website.

Section 10-8-85.4(2)(b)

Subsection 10-8-85.4(6)

If a municipality sends a notice to a short-term rental website about a short-term rental that violates local business licensing or zoning rules, the notice must identify the listing or offering URL and the reason for removal.

Section 10-8-85.4(6)

Subsection 10-8-85.4(8)

Subsection (2) does not apply to an individual who lists or offers an internal accessory dwelling unit as a short-term rental on a short-term rental website if the municipality records a notice for the unit under Subsection 10-21-303(5).

Section 10-8-85.4(8)

04

Source and current-law status

In force source record

Source record from le.utah.gov · Enacted 2017

In force

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Official record

Source-indexed provision map

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Showing 26 of 26 provisions

Provision 26
§ 10-8-85.4Ordinances regarding short-term rentals -- Prohibition on ordinances restricting speech on short-term rental websites -- Evidence of short-term rental -- Removing a listing.Provision

Source excerpt

A municipality generally may not ban or punish listing a short-term rental on a short-term rental website, but it may require licensing or permits and may request removal only for zoning or licensing violations.

Ordinances regarding short-term rentals -- Prohibition on ordinances restricting speech on short-term rental websites -- Evidence of short-term rental -- Removing a listing. As used in this section: "Internal accessory dwelling unit" means the same as that term is defined in Section 10-20-606 . "Permit number" means a unique identifier issued by a municipality and may include a business license number. "Request" means a formal inquiry made by a municipality to a short-term rental website that is not a legal requirement. "Residential unit" means a residential structure or any portion of a residential structure that is occupied as a residence. "Short-term rental" means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days. "Short-term rental website" means a website or other digital platform that: allows a person to offer a short-term rental to one or more prospective renters; and facilitates the renting of, and payment for, a short-term rental. "URL" means uniform resource locater. Notwithstanding Section 10-20-501 or 10-20-503 , a legislative body may not: enact or enforce an ordinance that prohibits an individual from listing or offering a short-term rental on a short-term rental website; or use an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website. If a municipality regulates short-term rentals, Subsection (2)(b) does not prevent the municipality from using a listing or offering of a short-term rental on a short-term rental website as evidence that a short-term rental took place so long as the municipality has additional information to support the position that an owner or lessee violated a municipal ordinance. A municipality may adopt an ordinance requiring the owner or lessee of a short-term rental to obtain a business license or other permit from the municipality before operating a short-term rental within the municipality. A municipality may not regulate a short-term rental website. If a municipality allows short-term rentals within a portion of or all residential or commercial zones in the municipality, the municipal legislative body may request a short-term rental website to remove a short-term rental listing or offering from the short-term rental website after notice from the municipality, as described in Subsection (6) , only if the short-term rental is operating in violation of business license requirements or zoning requirements. A municipality that provides a notice to a short-term rental website that a short-term rental within the municipality is in violation of the municipality's business licensing requirements or zoning requirements shall identify in the notice: the listing or offering to be removed by the listing's offering's URL; and the reason for the requested removal. If a legislative body imposes transient room tax on the rental of rooms in hotels, motels, inns, trailer courts, campgrounds, tourist homes, and similar accommodations for stays of less than 30 consecutive days as authorized by Section 59-12-352 or 59-12-353 : the municipality may provide the listing or offering of a short-term rental on a short-term rental website to the county auditor as evidence that the owner or lessee of a short-term rental may be subject to the transient room tax; and the county auditor may utilize the listing or offering of a short-term rental on a short-term rental website when making a referral to the State Tax Commission, as described in Section 59-12-302 . Subsection (2) does not apply to an individual who lists or offers an internal accessory dwelling unit as a short-term rental on a short-term rental website if the municipality records a notice for the internal accessory dwelling unit under Subsection 10-21-303(5) .
Section 10-8-85.4Verify source
§ 10-8-85.4(1)Subsection 10-8-85.4(1)Provision

Source excerpt

This subsection defines several terms used in the section, including “internal accessory dwelling unit,” “permit number,” “request,” “residential unit,” “short-term rental,” “short-term rental website,” and “URL.”

As used in this section: "Internal accessory dwelling unit" means the same as that term is defined in Section 10-20-606 . "Permit number" means a unique identifier issued by a municipality and may include a business license number. "Request" means a formal inquiry made by a municipality to a short-term rental website that is not a legal requirement. "Residential unit" means a residential structure or any portion of a residential structure that is occupied as a residence. "Short-term rental" means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days. "Short-term rental website" means a website or other digital platform that: allows a person to offer a short-term rental to one or more prospective renters; and facilitates the renting of, and payment for, a short-term rental. "URL" means uniform resource locater.
Section 10-8-85.4(1)Verify source
§ 10-8-85.4(1)(a)Subsection 10-8-85.4(1)(a)Provision

Source excerpt

“Internal accessory dwelling unit” is defined by reference to Section 10-20-606.

"Internal accessory dwelling unit" means the same as that term is defined in Section 10-20-606 .
Section 10-8-85.4(1)(a)Verify source
§ 10-8-85.4(1)(b)Subsection 10-8-85.4(1)(b)Provision

Source excerpt

“Permit number” means a unique identifier issued by a municipality, and it may include a business license number.

"Permit number" means a unique identifier issued by a municipality and may include a business license number.
Section 10-8-85.4(1)(b)Verify source
§ 10-8-85.4(1)(c)Subsection 10-8-85.4(1)(c)Provision

Source excerpt

“Request” means a formal inquiry by a municipality to a short-term rental website, and it is not a legal requirement.

"Request" means a formal inquiry made by a municipality to a short-term rental website that is not a legal requirement.
Section 10-8-85.4(1)(c)Verify source
§ 10-8-85.4(1)(d)Subsection 10-8-85.4(1)(d)Provision

Source excerpt

"Residential unit" means a residential structure, or part of one, that is occupied as a residence.

"Residential unit" means a residential structure or any portion of a residential structure that is occupied as a residence.
Section 10-8-85.4(1)(d)Verify source
§ 10-8-85.4(1)(e)Subsection 10-8-85.4(1)(e)Provision

Source excerpt

"Short-term rental" means a residential unit, or part of one, offered by the owner of record or lessee for occupancy for fewer than 30 consecutive days.

"Short-term rental" means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.
Section 10-8-85.4(1)(e)Verify source
§ 10-8-85.4(1)(f)Subsection 10-8-85.4(1)(f)Provision

Source excerpt

Defines “short-term rental website” as a website or digital platform that lets a person offer a short-term rental to prospective renters and helps with renting and payment.

"Short-term rental website" means a website or other digital platform that: allows a person to offer a short-term rental to one or more prospective renters; and facilitates the renting of, and payment for, a short-term rental.
Section 10-8-85.4(1)(f)Verify source
§ 10-8-85.4(1)(f)(i)Subsection 10-8-85.4(1)(f)(i)Provision

Source excerpt

A person may offer a short-term rental to one or more prospective renters.

allows a person to offer a short-term rental to one or more prospective renters; and
Section 10-8-85.4(1)(f)(i)Verify source
§ 10-8-85.4(1)(f)(ii)Subsection 10-8-85.4(1)(f)(ii)Provision

Source excerpt

facilitates the renting of, and payment for, a short-term rental.

facilitates the renting of, and payment for, a short-term rental.
Section 10-8-85.4(1)(f)(ii)Verify source
§ 10-8-85.4(1)(g)Subsection 10-8-85.4(1)(g)Provision

Source excerpt

"URL" is defined as "uniform resource locater."

"URL" means uniform resource locater.
Section 10-8-85.4(1)(g)Verify source
§ 10-8-85.4(2)Subsection 10-8-85.4(2)Provision

Source excerpt

A legislative body may not enact or enforce an ordinance that blocks listing or offering a short-term rental on a short-term rental website.

Notwithstanding Section 10-20-501 or 10-20-503 , a legislative body may not: enact or enforce an ordinance that prohibits an individual from listing or offering a short-term rental on a short-term rental website; or use an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website.
Section 10-8-85.4(2)Verify source
§ 10-8-85.4(2)(a)Subsection 10-8-85.4(2)(a)Provision

Source excerpt

An ordinance may not prohibit an individual from listing or offering a short-term rental on a short-term rental website.

enact or enforce an ordinance that prohibits an individual from listing or offering a short-term rental on a short-term rental website; or
Section 10-8-85.4(2)(a)Verify source
§ 10-8-85.4(2)(b)Subsection 10-8-85.4(2)(b)Provision

Source excerpt

use an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website.

use an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website.
Section 10-8-85.4(2)(b)Verify source
§ 10-8-85.4(3)Subsection 10-8-85.4(3)Provision

Source excerpt

If a municipality regulates short-term rentals, it may use a short-term-rental listing or offering as evidence that a rental occurred, but only when it also has additional information supporting a suspected ordinance violation.

If a municipality regulates short-term rentals, Subsection (2)(b) does not prevent the municipality from using a listing or offering of a short-term rental on a short-term rental website as evidence that a short-term rental took place so long as the municipality has additional information to support the position that an owner or lessee violated a municipal ordinance.
Section 10-8-85.4(3)Verify source
§ 10-8-85.4(4)Subsection 10-8-85.4(4)Provision

Source excerpt

A municipality may adopt an ordinance requiring the owner or lessee of a short-term rental to obtain a business license or other permit from the municipality before operating a short-term rental within the municipality.

A municipality may adopt an ordinance requiring the owner or lessee of a short-term rental to obtain a business license or other permit from the municipality before operating a short-term rental within the municipality.
Section 10-8-85.4(4)Verify source
§ 10-8-85.4(5)Subsection 10-8-85.4(5)Provision

Source excerpt

A municipality may not regulate a short-term rental website. If a municipality allows short-term rentals within a portion of or all residential or commercial zones in the municipality, the municipal legislative body may request a

A municipality may not regulate a short-term rental website. If a municipality allows short-term rentals within a portion of or all residential or commercial zones in the municipality, the municipal legislative body may request a short-term rental website to remove a short-term rental listing or offering from the short-term rental website after notice from the municipality, as described in Subsection (6) , only if the short-term rental is operating in violation of business license requirements or zoning requirements.
Section 10-8-85.4(5)Verify source
§ 10-8-85.4(5)(a)Subsection 10-8-85.4(5)(a)Provision

Source excerpt

A municipality may not regulate a short-term rental website.

A municipality may not regulate a short-term rental website.
Section 10-8-85.4(5)(a)Verify source
§ 10-8-85.4(5)(b)Subsection 10-8-85.4(5)(b)Provision

Source excerpt

If a municipality allows short-term rentals in some or all residential or commercial zones, the municipal legislative body may ask a short-term rental website to remove a listing or offering, but only after municipal notice and only if the rental violates business license or zoning requirements.

If a municipality allows short-term rentals within a portion of or all residential or commercial zones in the municipality, the municipal legislative body may request a short-term rental website to remove a short-term rental listing or offering from the short-term rental website after notice from the municipality, as described in Subsection (6) , only if the short-term rental is operating in violation of business license requirements or zoning requirements.
Section 10-8-85.4(5)(b)Verify source
§ 10-8-85.4(6)Subsection 10-8-85.4(6)Provision

Source excerpt

If a municipality sends a notice to a short-term rental website about a short-term rental that violates local business licensing or zoning rules, the notice must identify the listing or offering URL and the reason for removal.

A municipality that provides a notice to a short-term rental website that a short-term rental within the municipality is in violation of the municipality's business licensing requirements or zoning requirements shall identify in the notice: the listing or offering to be removed by the listing's offering's URL; and the reason for the requested removal.
Section 10-8-85.4(6)Verify source
§ 10-8-85.4(6)(a)Subsection 10-8-85.4(6)(a)Provision

Source excerpt

the listing or offering to be removed by the listing's offering's URL; and

the listing or offering to be removed by the listing's offering's URL; and
Section 10-8-85.4(6)(a)Verify source
§ 10-8-85.4(6)(b)Subsection 10-8-85.4(6)(b)Provision

Source excerpt

the reason for the requested removal.

the reason for the requested removal.
Section 10-8-85.4(6)(b)Verify source
§ 10-8-85.4(7)Subsection 10-8-85.4(7)Provision

Source excerpt

If a legislative body imposes transient room tax for certain short-stay accommodations, a municipality may give the county auditor a short-term rental listing as evidence, and the county auditor may use that listing when referring the matter to the State Tax Commission.

If a legislative body imposes transient room tax on the rental of rooms in hotels, motels, inns, trailer courts, campgrounds, tourist homes, and similar accommodations for stays of less than 30 consecutive days as authorized by Section 59-12-352 or 59-12-353 : the municipality may provide the listing or offering of a short-term rental on a short-term rental website to the county auditor as evidence that the owner or lessee of a short-term rental may be subject to the transient room tax; and the county auditor may utilize the listing or offering of a short-term rental on a short-term rental website when making a referral to the State Tax Commission, as described in Section 59-12-302 .
Section 10-8-85.4(7)Verify source
§ 10-8-85.4(7)(a)Subsection 10-8-85.4(7)(a)Provision

Source excerpt

A municipality may give the county auditor a short-term rental listing or offer as evidence that the owner or lessee may be subject to transient room tax.

the municipality may provide the listing or offering of a short-term rental on a short-term rental website to the county auditor as evidence that the owner or lessee of a short-term rental may be subject to the transient room tax; and
Section 10-8-85.4(7)(a)Verify source
§ 10-8-85.4(7)(b)Subsection 10-8-85.4(7)(b)Provision

Source excerpt

The county auditor may use a short-term rental listing or offer on a short-term rental website when making a referral to the State Tax Commission.

the county auditor may utilize the listing or offering of a short-term rental on a short-term rental website when making a referral to the State Tax Commission, as described in Section 59-12-302 .
Section 10-8-85.4(7)(b)Verify source
§ 10-8-85.4(8)Subsection 10-8-85.4(8)Provision

Source excerpt

Subsection (2) does not apply to an individual who lists or offers an internal accessory dwelling unit as a short-term rental on a short-term rental website if the municipality records a notice for the unit under Subsection 10-21-303(5).

Subsection (2) does not apply to an individual who lists or offers an internal accessory dwelling unit as a short-term rental on a short-term rental website if the municipality records a notice for the internal accessory dwelling unit under Subsection 10-21-303(5) .
Section 10-8-85.4(8)Verify source

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