United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-8-85.5, 1997

A municipality may require a rental-dwelling owner to get a business license or regulatory business license and allow inspections, but several limits and exceptions apply.

Source excerpt

business licensinginspectioninspectionsmunicipal licensingmunicipal servicesordinance exemptionproperty rentalregulatory licensingrental dwellingrental dwellingsrental housingretrofitssafety featuresutilities

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 1997
Dates: Enacted 1997

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Dates: Enacted 1997

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“A municipality may require a rental-dwelling owner to get a business license or regulatory business license and allow inspections, but several limits and exceptions apply.”

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"Rental dwelling" defined -- Municipality may require a business license or a regulatory business license and inspections -- Exception.

A municipality may require a rental-dwelling owner to get a business license or regulatory business license and allow inspections, but several limits and exceptions apply.

Section 10-8-85.5

Subsection 10-8-85.5(1)(b)(ii)

arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer.

Section 10-8-85.5(1)(b)(ii)

Subsection 10-8-85.5(2)(a)(ii)(A)

to obtain a regulatory business license to operate and maintain the rental dwelling in accordance with Section 10-1-203.5 ; and

Section 10-8-85.5(2)(a)(ii)(A)

Subsection 10-8-85.5(2)(d)

A municipality may not inspect a rental dwelling for a regulatory business license, except as provided in Section 10-1-203.5.

Section 10-8-85.5(2)(d)

Subsection 10-8-85.5(4)

Section 10-8-85.5(4)

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Source record from le.utah.gov · Enacted 1997

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Provision 20

§ 10-8-85.5"Rental dwelling" defined -- Municipality may require a business license or a regulatory business license and inspections -- Exception.Provision

Source excerpt

A municipality may require a rental-dwelling owner to get a business license or regulatory business license and allow inspections, but several limits and exceptions apply.

"Rental dwelling" defined -- Municipality may require a business license or a regulatory business license and inspections -- Exception. As used in this section, "rental dwelling" means a building or portion of a building that is: used or designated for use as a residence by one or more persons; and available to be rented, loaned, leased, or hired out for a period of one month or longer; or arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer. Subject to Subsection (2)(e), the legislative body of a municipality may by ordinance require the owner of a rental dwelling located within the municipality: to obtain a business license pursuant to Section 10-1-203 ; or to obtain a regulatory business license to operate and maintain the rental dwelling in accordance with Section 10-1-203.5 ; and to allow inspections of the rental dwelling as a condition of obtaining a regulatory business license. A municipality may not require an owner of multiple rental dwellings or multiple buildings containing rental dwellings to obtain more than one regulatory business license for the operation and maintenance of those rental dwellings. A municipality may not charge a fee for the inspection of a rental dwelling. If a municipality's inspection of a rental dwelling, allowed under Subsection (2)(a)(ii)(B), approves the rental dwelling for purposes of a regulatory business license, a municipality may not inspect that rental dwelling except as provided for in Section 10-1-203.5 . An ordinance under Subsection (2)(a) does not apply to an owner of a rental dwelling who demonstrates by a signed affidavit that the owner does not receive compensation from the use of the owner's rental dwelling. A municipality may not: interfere with the ability of an owner of a rental dwelling to contract with a tenant concerning the payment of the cost of a utility or municipal service provided to the rental dwelling; or except as required under the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act, for a structural change to the rental dwelling, or as required in an ordinance adopted before January 1, 2008, require the owner of a rental dwelling to retrofit the rental dwelling with or install in the rental dwelling a safety feature that was not required when the rental dwelling was constructed. Nothing in this section shall be construed to affect the rights and duties established under Title 57, Chapter 22, Utah Fit Premises Act, or to restrict a municipality's ability to enforce its generally applicable health ordinances or building code, a local health department's authority under Title 26A, Chapter 1, Local Health Departments, or the Department of Health and Human Service's authority under Title 26B, Utah Health and Human Services Code.

Section 10-8-85.5Verify source

§ 10-8-85.5(1)Subsection 10-8-85.5(1)Provision

Source excerpt

This section defines “rental dwelling” as a residence, or part of a building used as a residence, that is available or designed for rental, loan, lease, or hire for one month or longer.

As used in this section, "rental dwelling" means a building or portion of a building that is: used or designated for use as a residence by one or more persons; and available to be rented, loaned, leased, or hired out for a period of one month or longer; or arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer.

Section 10-8-85.5(1)Verify source

§ 10-8-85.5(1)(a)Subsection 10-8-85.5(1)(a)Provision

Source excerpt

used or designated for use as a residence by one or more persons; and

Section 10-8-85.5(1)(a)Verify source

§ 10-8-85.5(1)(b)Subsection 10-8-85.5(1)(b)Provision

Source excerpt

Property that is available to be rented, loaned, leased, or hired out for one month or longer, or is arranged, designed, or built for that purpose.

available to be rented, loaned, leased, or hired out for a period of one month or longer; or arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer.

Section 10-8-85.5(1)(b)Verify source

§ 10-8-85.5(1)(b)(i)Subsection 10-8-85.5(1)(b)(i)Provision

Source excerpt

available to be rented, loaned, leased, or hired out for a period of one month or longer; or

Section 10-8-85.5(1)(b)(i)Verify source

§ 10-8-85.5(1)(b)(ii)Subsection 10-8-85.5(1)(b)(ii)Provision

Source excerpt

arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer.

Section 10-8-85.5(1)(b)(ii)Verify source

§ 10-8-85.5(2)Subsection 10-8-85.5(2)Provision

Source excerpt

A municipality may require a rental-dwelling owner to get a business license or regulatory business license and allow inspections, but it cannot require more than one regulatory business license for multiple rental properties, charge inspection fees, or keep inspecting after approval except as Section 10-1-203.5 allows.

Subject to Subsection (2)(e), the legislative body of a municipality may by ordinance require the owner of a rental dwelling located within the municipality: to obtain a business license pursuant to Section 10-1-203 ; or to obtain a regulatory business license to operate and maintain the rental dwelling in accordance with Section 10-1-203.5 ; and to allow inspections of the rental dwelling as a condition of obtaining a regulatory business license. A municipality may not require an owner of multiple rental dwellings or multiple buildings containing rental dwellings to obtain more than one regulatory business license for the operation and maintenance of those rental dwellings. A municipality may not charge a fee for the inspection of a rental dwelling. If a municipality's inspection of a rental dwelling, allowed under Subsection (2)(a)(ii)(B), approves the rental dwelling for purposes of a regulatory business license, a municipality may not inspect that rental dwelling except as provided for in Section 10-1-203.5 . An ordinance under Subsection (2)(a) does not apply to an owner of a rental dwelling who demonstrates by a signed affidavit that the owner does not receive compensation from the use of the owner's rental dwelling.

Section 10-8-85.5(2)Verify source

§ 10-8-85.5(2)(a)Subsection 10-8-85.5(2)(a)Provision

Source excerpt

A municipality’s legislative body may, by ordinance, require a rental-dwelling owner to get a business license or a regulatory business license, and may require inspections as a condition of the regulatory license.

Section 10-8-85.5(2)(a)Verify source

§ 10-8-85.5(2)(a)(i)Subsection 10-8-85.5(2)(a)(i)Provision

Source excerpt

to obtain a business license pursuant to Section 10-1-203 ; or

Section 10-8-85.5(2)(a)(i)Verify source

§ 10-8-85.5(2)(a)(ii)Subsection 10-8-85.5(2)(a)(ii)Provision

Source excerpt

To obtain the license, the applicant must allow inspections of the rental dwelling.

to obtain a regulatory business license to operate and maintain the rental dwelling in accordance with Section 10-1-203.5 ; and to allow inspections of the rental dwelling as a condition of obtaining a regulatory business license.

Section 10-8-85.5(2)(a)(ii)Verify source

§ 10-8-85.5(2)(a)(ii)(A)Subsection 10-8-85.5(2)(a)(ii)(A)Provision

Source excerpt

to obtain a regulatory business license to operate and maintain the rental dwelling in accordance with Section 10-1-203.5 ; and

Section 10-8-85.5(2)(a)(ii)(A)Verify source

§ 10-8-85.5(2)(a)(ii)(B)Subsection 10-8-85.5(2)(a)(ii)(B)Provision

Source excerpt

to allow inspections of the rental dwelling as a condition of obtaining a regulatory business license.

Section 10-8-85.5(2)(a)(ii)(B)Verify source

§ 10-8-85.5(2)(b)Subsection 10-8-85.5(2)(b)Provision

Source excerpt

A municipality may not require an owner of multiple rental dwellings or multiple buildings containing rental dwellings to get more than one regulatory business license for operating and maintaining those dwellings.

A municipality may not require an owner of multiple rental dwellings or multiple buildings containing rental dwellings to obtain more than one regulatory business license for the operation and maintenance of those rental dwellings.

Section 10-8-85.5(2)(b)Verify source

§ 10-8-85.5(2)(c)Subsection 10-8-85.5(2)(c)Provision

Source excerpt

A municipality may not charge a fee for the inspection of a rental dwelling.

Section 10-8-85.5(2)(c)Verify source

§ 10-8-85.5(2)(d)Subsection 10-8-85.5(2)(d)Provision

Source excerpt

A municipality may not inspect a rental dwelling for a regulatory business license, except as provided in Section 10-1-203.5.

If a municipality's inspection of a rental dwelling, allowed under Subsection (2)(a)(ii)(B), approves the rental dwelling for purposes of a regulatory business license, a municipality may not inspect that rental dwelling except as provided for in Section 10-1-203.5 .

Section 10-8-85.5(2)(d)Verify source

§ 10-8-85.5(2)(e)Subsection 10-8-85.5(2)(e)Provision

Source excerpt

An ordinance under Subsection (2)(a) does not apply to an owner of a rental dwelling if the owner shows by signed affidavit that the owner does not receive compensation from use of the dwelling.

An ordinance under Subsection (2)(a) does not apply to an owner of a rental dwelling who demonstrates by a signed affidavit that the owner does not receive compensation from the use of the owner's rental dwelling.

Section 10-8-85.5(2)(e)Verify source

§ 10-8-85.5(3)Subsection 10-8-85.5(3)Provision

Source excerpt

A municipality may not interfere with an owner’s ability to contract with a tenant about utility or municipal service costs for a rental dwelling, and may not require retrofits or safety-feature installations except in specified code-based or pre-2008 ordinance cases.

A municipality may not: interfere with the ability of an owner of a rental dwelling to contract with a tenant concerning the payment of the cost of a utility or municipal service provided to the rental dwelling; or except as required under the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act, for a structural change to the rental dwelling, or as required in an ordinance adopted before January 1, 2008, require the owner of a rental dwelling to retrofit the rental dwelling with or install in the rental dwelling a safety feature that was not required when the rental dwelling was constructed.

Section 10-8-85.5(3)Verify source

§ 10-8-85.5(3)(a)Subsection 10-8-85.5(3)(a)Provision

Source excerpt

A person must not interfere with an owner of a rental dwelling contracting with a tenant about payment of utility or municipal service costs for the dwelling.

interfere with the ability of an owner of a rental dwelling to contract with a tenant concerning the payment of the cost of a utility or municipal service provided to the rental dwelling; or

Section 10-8-85.5(3)(a)Verify source

§ 10-8-85.5(3)(b)Subsection 10-8-85.5(3)(b)Provision

Source excerpt

An ordinance adopted before January 1, 2008 may require an owner of a rental dwelling to retrofit or install a previously unrequired safety feature, except where the State Construction Code or an approved Title 15A code requires something different for a structural change.

except as required under the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act, for a structural change to the rental dwelling, or as required in an ordinance adopted before January 1, 2008, require the owner of a rental dwelling to retrofit the rental dwelling with or install in the rental dwelling a safety feature that was not required when the rental dwelling was constructed.

Section 10-8-85.5(3)(b)Verify source

§ 10-8-85.5(4)Subsection 10-8-85.5(4)Provision

Source excerpt

Nothing in this section shall be construed to affect the rights and duties established under Title 57, Chapter 22, Utah Fit Premises Act, or to restrict a municipality's ability to enforce its generally applicable health ordinances or building code, a local health department's authority under Title 26A, Chapter 1, Local Health Departments, or the Department of Health and Human Service's authority under Title 26B, Utah Health and Human Services Code.

Section 10-8-85.5(4)Verify source

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Utah Code § 10-8-85.5, 1997

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