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New 2020 Laws In Effect for Utah Landlords

On May 12th, several bills were passed that went into effect and became law. As a part of the government affairs committee for the Utah Apartment Association, Nate Tew has seen the time and effort put into monitoring, shepherding and negotiating bills to make sure any impact on our industry is for the best.

The following are new laws that impact our industry:

HB 462 – Unlawful Detainer Amendments: This bill changes the timing for a 3 Day Pay or Vacate notice from three calendar days to three business days. This bill also makes technical changes in the eviction process. At the occupancy hearings, if the tenant fails to appear, the court shall issue an order of restitution AND SHALL enter a judgment by default (unless the court makes a finding otherwise).  It further provides that the tenant must keep the court apprised of their new address after an eviction without additional obligations on the plaintiff/landlord.

SB 39 – Affordable Housing Amendments: This bill allows the assignment of a special low-income housing tax credit certificate to another person if the qualifying taxpayer provides written notice to the Utah Housing Corporation. This bill also appropriates ten million dollars to the Olene Walker Housing Loan Fund. $5M is for gap financing of private activity bond financed multi-family housing, and $5M to be used to match private dollars for the preservation or construction of affordable housing units for low-income individuals

HB 164 – Property Tax Modifications: As it pertains to rental property owners, when ownership changes in a residential rental property, the new owner is required to submit a written declaration to the county assessor within 90 days after the purchase to certify the property is for residential use and qualifies for the primary residential exemption. The written declaration shall be signed by the residential property owner and be substantially in the form as provided in the statute.

HB 192 – Property Tax Assessment Amendments: This bill defines multi-tenant residential property as real property with 10 or more separate, residential housing units that qualify for the residential rental exemption. It provides that county assessors can value a multi-tenant residential property with an income approach. If the county assessor uses an income approach for valuation, then all multi-tenant residential properties in the county must be assessed the same way. If a county assessor chooses to use the income valuation approach, then the assessor must notify the owners and the owners are then relieved from filing a statement about personal property taxes on the premises. The personal property tax, if any, will be included in the property tax valuation when using the income valuation approach.

HB 268 – Property Tax Notice Amendments: This bill allows owners of properties to designate additional or alternative people to receive information or notice related to a property tax.

Credit: Law Offices of Kirk A. Cullimore

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