reglab/statecodes huggingface dataset:
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 411 - Authorities may join or cooperate.

35A-8-411.
Authorities may join or cooperate.
(1) Two or more authorities may cooperate with one another or jointly exercise any or all of their powers for the purpose of financing, issuing bonds and other obligations and giving security for them, planning, undertaking, owning, constructing, operating, or contracting with respect to a housing project or projects located within the area of operation of any one or more of the authorities.
(2) For this purpose, an authority may by resolution authorize a housing authority joining or cooperating with the authority to act on the authority's behalf.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 412 - Preference for elderly and persons with a disability.

35A-8-412.
Preference for elderly and persons with a disability.
(1) For the purpose of increasing the supply of low-rent housing and related facilities for medium and low-income elderly and medium and low-income persons with a disability, an authority may exercise any of its powers under this part in projects involving dwelling accommodations designed specifically for these persons.
(2) For dwelling units in any projects suitable to the needs of the elderly or persons with a disability, special preference may be extended in admission to those dwelling units to these persons of medium and low income.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 413 - Victims of major disaster.

35A-8-413.
Victims of major disaster.
(1)
(a) Notwithstanding the provisions of this or any other law relating to rentals, preferences, or eligibility for admission or occupancy of dwellings in housing projects during the period an authority determines that there is an acute need for housing to assure the availability of dwellings for victims of a major disaster, the authority may undertake the development and administration of housing projects for the federal government.
(b) Dwellings in any housing project under the jurisdiction of the authority may be made available to victims of a major disaster.
(2) An authority may contract with the federal government or a public body for advance payment or reimbursement for the furnishing of housing to victims of a major disaster, including the furnishing of housing free of charge to needy disaster victims during any period covered by a determination of acute need by the authority.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 414 - Property and funds of authority declared public property -- Exemption from taxes -- Alternative agreement with public body.

35A-8-414.
Property and funds of authority declared public property -- Exemption from taxes -- Alternative agreement with public body.
(1) The property and funds of an authority are declared to be public property used for essential public, governmental, and charitable purposes.
(2)
(a) Subject to Subsections (2)(b) and (c), the property and authority are exempt from all taxes and special assessments of a public body.
(b) This tax exemption does not apply to any portion of a project used for a profit-making enterprise.
(c) In taxing these portions appropriate allowance shall be made for any expenditure by an authority for utilities or other public services it provides to serve the property.
(3) In lieu of taxes on its exempt property an authority may agree to make payments to a public body if the authority finds that making the payments is consistent with the maintenance of the low-rent character of housing projects and the achievement of the purposes of this part.
Amended by Chapter 278, 2013 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 415 - Projects subject to local building regulations.

35A-8-415.
Projects subject to local building regulations.
A project of an authority is subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the project is situated.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 416 - Bonds authorized -- Payment -- Security -- Liability -- Purpose -- Exemption from taxes except corporate franchise tax.

35A-8-416.
Bonds authorized -- Payment -- Security -- Liability -- Purpose -- Exemption from taxes except corporate franchise tax.
(1) An authority may:
(a) issue bonds for any of its corporate purposes;
(b) issue refunding bonds for the purpose of paying or retiring bonds previously issued by it;
(c) issue bonds on which the principal and interest are payable:
(i) exclusively from the income and revenues of the project financed with the proceeds of the bonds;
(ii) exclusively from the income and revenues of certain designated projects, whether or not they are financed in whole or in part with the proceeds of the bonds; or
(iii) from its revenues generally.
(2) Bonds issued by the authority may be additionally secured by a pledge of any loan, grant, or contributions, in whole or in part, from the federal government or other source, or a pledge of any income or revenues of the authority.
(3) The members of an authority and a person executing the bonds are not liable personally on the bonds.
(4)
(a) The bonds and other obligations of an authority are not a debt of the city, county, state, or a political subdivision, and do not constitute indebtedness for purposes of any constitutional or statutory debt limitation or restrictions.
(b) A bond or other obligation of an authority shall include a statement on the face of the bond or other obligation that explains that the bond or other obligation is not a debt of the city, county, state, or a political subdivision, and does not constitute indebtedness for purposes of any constitutional or statutory debt limitation or restrictions.
(5) The city, county, state, or political subdivision is not liable on the bonds or other obligations.
(6) These bonds or obligations may not be payable out of funds or properties other than those of the authority.
(7) Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest and income, are exempt from all taxes, except the corporate franchise tax.
(8) The provisions of this part exempting from taxation the properties of an authority and its bonds and interests and income on them are part of the contract for the security of bonds and have the force of contract, by virtue of this part and without the necessity of this being restated in the bonds, between the bondholders, including all transferees of the bonds, on the one hand and an authority and the state on the other.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 417 - Bonds to be authorized by resolution -- Form -- Sale -- Negotiability -- Validity presumed.

35A-8-417.
Bonds to be authorized by resolution -- Form -- Sale -- Negotiability -- Validity presumed.
(1) Bonds of an authority are authorized by resolution, may be issued in one or more series, and shall as provided by the resolution or its trust indenture:
(a) bear dates, including maturity dates;
(b) bear interest rates;
(c) be in denominations;
(d) be either coupon or registered;
(e) carry conversion or registration privileges;
(f) have rank or priority;
(g) be executed;
(h) be payable; and
(i) be subject to terms of redemption with or without premium.
(2)
(a) The bonds may bear interest at a variable interest rate as provided by the resolution.
(b) The resolution may establish a method, formula, or index to determine the current interest rate on the bonds.
(3) In connection with the bonds, the authority may authorize and enter into agreements or other arrangements with financial, banking, and other institutions for:
(a) letters of credit;
(b) standby letters of credit;
(c) surety bonds;
(d) reimbursement agreements;
(e) remarketing agreements;
(f) indexing agreements;
(g) tender agent agreements; and
(h) other agreements with respect to:
(i) securing the bonds;
(ii) enhancing the marketability and creditworthiness of the bonds;
(iii) determining a variable interest rate on the bonds; and
(iv) the payment from any legally available source, including proceeds of the bonds, fees, charges, or other amounts coming due from the agreements.
(4) As provided by resolution, the bonds may be sold at a public or private sale at par value, in excess of par value, or below par value.
(5) If a member or an officer of an authority whose signature appears on a bond or coupon ceases to be a member or an officer before the delivery of the bond or coupon, the signature is valid and sufficient for all purposes.
(6) A bond issued under this part is fully negotiable.
(7) In a suit, action, or proceeding involving the validity or enforceability of a bond of an authority or the security for it, a bond reciting in substance that it has been issued by the authority to aid in financing a project is conclusively considered to have been issued for that purpose, and the project is conclusively considered to have been planned, located, and carried out in accordance with this part.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 419 - Issuance of bonds -- Other laws not to apply.

35A-8-419.
Issuance of bonds -- Other laws not to apply.
(1) This part constitutes full authority for the authorization and issuance of bonds.
(2) No other law for the authorization or issuance of obligations or the deposit of their proceeds that requires a bond election or in any way impedes or restricts the carrying out of the acts authorized to be done shall be construed as applying to any proceedings taken or acts done under this part.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 420 - Rights of obligees of authority.

35A-8-420.
Rights of obligees of authority.
An obligee of an authority, in addition to all other rights conferred on the obligee subject to any contractual restrictions binding upon the obligee, may:
(1) compel an authority, its officers, agents, or employees to perform each term, provision, and covenant contained in a contract of the authority for the benefit of the obligee and to require the carrying out of all covenants and agreements of the authority and the fulfillment of all duties imposed upon it by this part; and
(2) enjoin any acts or things that may be unlawful, or the violation of any of the rights of an obligee of the authority.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 421 - Obligees -- Additional rights conferred by authority.

35A-8-421.
Obligees -- Additional rights conferred by authority.
(1) An authority may by resolution, trust indenture, mortgage, lease, or other contract, confer upon an obligee the right, in addition to all rights that may otherwise be conferred, upon default as defined in a resolution or instrument, by suit, action, or proceeding in a court of competent jurisdiction to:
(a) cause possession of a project, in whole or in part, to be surrendered to the obligee;
(b) obtain the appointment of a receiver of a project, in whole or in part, and of the rents and profits from the project; and
(c) require the authority and its officers, agents, and employees to account as if they were the trustees of an express trust.
(2) The receiver:
(a) may enter and take possession of the project or any part of it;
(b) may operate and maintain the project;
(c) may collect and receive all fees, rents, revenues, or other charges arising from the project;
(d) shall keep the money collected from the project in a separate account; and
(e) shall use the money in accordance with the obligations of the authority as the court directs.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 422 - Property of authority exempt from levy and sale -- Obligees excepted -- Waiver.

35A-8-422.
Property of authority exempt from levy and sale -- Obligees excepted -- Waiver.
(1)
(a) Property, including money, acquired or held by an authority under this part shall be exempt from levy and sale by virtue of an execution.
(b) An execution or other judicial process may not issue against the property.
(c) A judgment against the authority is not a charge or lien upon the property.
(2) This section does not apply to or limit the right of an obligee to pursue a remedy for the enforcement of a pledge or lien given by the authority on its rents, fees, or revenues or the right of the federal government to pursue a remedy conferred upon it under this part.
(3) An authority may waive its exemption with respect to claims against a profit-making enterprise occupying a portion of a project if that waiver does not affect or impair the rights of any obligee of the authority.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 423 - Financial assistance from federal government permitted.

35A-8-423.
Financial assistance from federal government permitted.
(1) In addition to the powers conferred upon an authority by other provisions of this part, an authority may:
(a) borrow money or accept contributions, grants, or other financial assistance from the federal government in aid of a project or related activity concerning health, welfare, economic, educational, environmental, or related issues faced by persons of medium and low income;
(b) take over, lease, or manage a project or undertaking constructed or owned by the federal government; and
(c) comply with conditions and enter into contracts, covenants, mortgages, trust indentures, leases, or agreements considered necessary, convenient, or desirable to accomplish the purposes of Subsections (1)(a) and (b).
(2)
(a) The purpose and intent of this part is to authorize an authority to do everything necessary or desirable to secure the financial aid or cooperation of the federal government in the provision of decent, safe, and sanitary dwellings and maintaining a wholesome living environment for persons of medium and low income.
(b) To accomplish the purpose of Subsection (2)(a) an authority may include in a contract for financial assistance with the federal government the provisions that the federal government may require as conditions to the federal government's financial aid unless those provisions are inconsistent with the purposes of this part.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 424 - Defaults -- Conveyance of title to federal government.

35A-8-424.
Defaults -- Conveyance of title to federal government.
(1) In a contract with the federal government for annual contributions, the authority may obligate itself to convey to the federal government possession of or title to the project upon the occurrence of a substantial default, as defined in the contract, with respect to the covenants and conditions to which the authority is subject.
(2) This obligation is specifically enforceable and does not constitute a mortgage, notwithstanding any other laws.
(3) In case of conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project and funds in accordance with the terms of the contract if the contract by its terms requires the federal government, as soon as practicable after it is satisfied that all defaults have been cured and that the project will be operated in accordance with the contract, to reconvey the project to the authority.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 425 - Powers of public body aiding in project.

35A-8-425.
Powers of public body aiding in project.
(1) For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of projects located within its jurisdiction, a public body may, with or without consideration:
(a) dedicate, sell, convey, or lease any of its interest in property, or grant easements, licenses, or other rights or privileges to a housing authority or the federal government;
(b) cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or other works that it is otherwise empowered to undertake to be furnished adjacent to or in connection with these projects;
(c) furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks, or other places that it is otherwise empowered to undertake;
(d) plan or replan, zone or rezone any parts of the public body, make exceptions from building regulations and ordinances, and make changes in its map;
(e) cause the same services to be furnished to a housing authority that the public body may furnish, and provide facilities and services, including feeding facilities and services for tenants, in connection with housing projects;
(f) enter into agreements with respect to the exercise by the public body of its powers relating to the repair, improvement, condemnation, closing, or demolition of unsafe, insanitary, or unfit buildings;
(g) notwithstanding the provisions of any other law, use any money belonging to or within the control of the public body, including money derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority and exercise any related rights;
(h) do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of any projects;
(i) incur the entire expense of public improvements made by a public body in exercising the powers granted in this part; and
(j) enter into agreements, that may extend over any period notwithstanding any provision or rule of law to the contrary, with a housing authority respecting action to be taken by a public body under any of the powers granted by this part.
(2) If title to or possession of a project is held by a public governmental agency authorized by law to engage in the development or administration of low-rent housing or slum clearance projects, including an agency or instrumentality of the United States, the provisions of the agreements entered into under Subsection (1)(j) inure to the benefit of and may be enforced by that public body or governmental agency.
(3) A sale, conveyance, lease, or agreement provided for in this section may be made by a public body without appraisal, public notice, advertisement, or public bidding, notwithstanding any other laws to the contrary.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 426 - Agreement by public body to accept payment from authority in lieu of taxes.

35A-8-426.
Agreement by public body to accept payment from authority in lieu of taxes.
In connection with a project of a housing authority located wholly or partly within the area in which a public body is authorized to act, the public body may agree with the housing authority with respect to the payment by the authority of sums in lieu of taxes for any year or period of years that are determined by the authority to be consistent with the maintenance of the low-rent character of housing projects or the achievement of the purposes of this part.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 427 - Public body may provide financial aid.

35A-8-427.
Public body may provide financial aid.
In addition to other aids provided, a public body may provide financial aid to a housing authority by:
(1) loan, donation, grant, contribution, and appropriation of money;
(2) abatement or remission of taxes;
(3) payments in lieu of taxes;
(4) other charges; or
(5) other means.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 428 - Investment in authority authorized.

35A-8-428.
Investment in authority authorized.
(1) The state, public officers, political subdivisions, public bodies, banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies, insurance associations, other persons carrying on a banking or insurance business, executors, administrators, guardians, trustees, and other fiduciaries may legally invest money or funds belonging to them or within their control in any bonds or other obligations issued by a housing authority created under this part or issued by a public housing authority or agency in the United States, a United States Territory, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands.
(2) These bonds or other obligations shall be secured by a pledge of annual contributions or other financial assistance to be paid by the United States government or any of its agencies, or by an agreement between the United States government or any of its agencies and the public housing authority or agency in which the United States government or its agency agrees to lend to the public housing authority or agency, prior to the maturity of the bonds or other obligations, money in an amount which, together with any other money irrevocably committed to the payment of interest on the bonds or other obligations, will suffice to pay the principal of the bonds or other obligations with interest to maturity.
(3) The money, under the terms of the agreement, is required to be used for this purpose, and the bonds and other obligations are authorized security for all public deposits and are fully negotiable in this state.
(4) Nothing contained in this section relieves a person, firm, or corporation from any duty of exercising reasonable care in selecting securities.
(5) The provisions of this section apply notwithstanding any restrictions on investments contained in other laws.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 429 - Annual report -- Budget -- Minutes.

35A-8-429.
Annual report -- Budget -- Minutes.
(1) At least once a year, an authority shall file with the clerk, with a copy given to the governing body, a report containing:
(a) its activities for the preceding year;
(b) its approved annual budget; and
(c) recommendations for legislation or other action considered necessary to carry out the purposes of this part.
(2) An authority shall post electronically for public review its:
(a) annual approved budget; and
(b) minutes of all open meetings held by its board of commissioners.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 430 - Provisions controlling -- Acts of governmental bodies deemed administrative.

35A-8-430.
Provisions controlling -- Acts of governmental bodies deemed administrative.
(1) The provisions of this part are controlling, notwithstanding anything to the contrary in any other law of this state, city charter, or local ordinance.
(2) An action of a city, county, or governing body in carrying out the purposes of this part, whether by resolution, ordinance, or otherwise, is considered administrative in character, and no public notice or publication is required with respect to that action.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 501 - Definitions.

Effective 5/9/2017
35A-8-501.
Definitions.
As used in this part:
(1) "Affordable housing" means housing occupied or reserved for occupancy by households whose incomes are at or below certain income requirements at rental rates affordable to such households.
(2) "Board" means the Housing Board created by this part.
(3) "Fund" means the Olene Walker Housing Loan Fund created by this part.
(4)
(a) "Housing sponsor" means a person who constructs, develops, rehabilitates, purchases, or owns a housing development that is or will be subject to legally enforceable restrictive covenants that require the housing development to provide, at least in part, affordable housing.
(b) "Housing sponsor" may include:
(i) a local public body;
(ii) a nonprofit, limited profit, or for profit corporation;
(iii) a limited partnership;
(iv) a limited liability company;
(v) a joint venture;
(vi) a subsidiary of the Utah Housing Corporation;
(vii) a cooperative;
(viii) a mutual housing organization;
(ix) a local government;
(x) a local housing authority;
(xi) a regional or statewide nonprofit housing or assistance organization; or
(xii) any other entity that helps provide affordable housing.
(5) "Rural" means a county in the state other than Utah, Salt Lake, Davis, or Weber.
Amended by Chapter 279, 2017 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 502 - Creation and administration.

35A-8-502.
Creation and administration.
(1)
(a) There is created an enterprise fund known as the Olene Walker Housing Loan Fund, administered by the executive director or the executive director's designee.
(b) The department is the administrator of the fund.
(2) There shall be deposited into the fund:
(a) grants, paybacks, bonuses, entitlements, and other money received by the department from the federal government to preserve, rehabilitate, build, restore, or renew housing or for other activities authorized by the fund;
(b) transfers, grants, gifts, bequests, and money made available from any source to implement this part; and
(c) money appropriated to the fund by the Legislature.
(3) The money in the fund shall be invested by the state treasurer according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that all interest or other earnings derived from money in the fund shall be deposited in the fund.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 504 - Distribution of fund money.

Effective 6/1/2022
35A-8-504.
Distribution of fund money.
(1) As used in this section:
(a) "Community" means the same as that term is defined in Section 17C-1-102.
(b) "Income targeted housing" means the same as that term is defined in Section 17C-1-102.
(2) The executive director shall:
(a) make grants and loans from the fund for any of the activities authorized by Section 35A-8-505, as directed by the board;
(b) establish the criteria with the approval of the board by which loans and grants will be made; and
(c) determine with the approval of the board the order in which projects will be funded.
(3) The executive director shall distribute, as directed by the board, any federal money contained in the fund according to the procedures, conditions, and restrictions placed upon the use of the money by the federal government.
(4) The executive director shall distribute, as directed by the board, any funds received under Section 17C-1-412 to pay the costs of providing income targeted housing within the community that created the community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act.
(5) Except for federal money, money received under Section 17C-1-412, and money appropriated for use in accordance with Section 35A-8-2105, the executive director shall distribute, as directed by the board, money in the fund according to the following requirements:
(a) the executive director shall distribute at least 70% of the money in the fund to benefit persons whose annual income is at or below 50% of the median family income for the state;
(b) the executive director may use up to 3% of the revenues of the fund, including any appropriation to the fund, to offset department or board administrative expenses;
(c) the executive director shall distribute any remaining money in the fund to benefit persons whose annual income is at or below 80% of the median family income for the state; and
(d) if the executive director or the executive director's designee makes a loan in accordance with this section, the interest rate of the loan shall be based on the borrower's ability to pay.
(6) The executive director may, with the approval of the board:
(a) enact rules to establish procedures for the grant and loan process by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b) service or contract, under Title 63G, Chapter 6a, Utah Procurement Code, for the servicing of loans made by the fund.
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 506 - Authority of the executive director.

Effective 5/9/2017
35A-8-506.
Authority of the executive director.
The executive director, with the approval of the board, may grant or lend fund money to a housing sponsor.
Amended by Chapter 279, 2017 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 507 - Application process and priorities.

Effective 3/21/2016
35A-8-507.
Application process and priorities.
(1)
(a) In each calendar year that money is available from the fund for distribution by the executive director under the direction of the board, the executive director shall, at least once in that year, announce a grant and loan application period by sending notice to interested persons.
(b) The executive director shall accept applications that are received in a timely manner.
(2) The executive director shall give priority to applications for projects and activities in the following order:
(a) first, to applications for projects and activities intended to minimize homelessness;
(b) second, to applications for projects and activities that use existing privately owned housing stock, including privately owned housing stock purchased by a nonprofit public development authority; and
(c) third, to all other applications.
(3) Within each level of priority described in Subsection (2), the executive director shall give preference to applications that demonstrate the following:
(a) a high degree of leverage with other sources of financing;
(b) high recipient contributions to total project costs, including allied contributions from other sources such as professional, craft, and trade services and lender interest rate subsidies;
(c) high local government project contributions in the form of infrastructure improvements, or other assistance;
(d) projects that encourage ownership, management, and other project-related responsibility opportunities;
(e) projects that demonstrate a strong probability of serving the original target group or income level for a period of at least 15 years;
(f) projects where the applicant has demonstrated the ability, stability, and resources to complete the project;
(g) projects that appear to serve the greatest need;
(h) projects that provide housing for persons and families with the lowest income;
(i) projects that promote economic development benefits;
(j) projects that align with a local government plan to address housing and homeless services; and
(k) projects that would mitigate or correct existing health, safety, or welfare problems.
(4) The executive director may give consideration to projects that increase the supply of accessible housing.
Amended by Chapter 131, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 507.5 - Predevelopment grants.

Effective 6/1/2022
35A-8-507.5.
Predevelopment grants.
(1) The executive director may, under the direction of the board, award one or more predevelopment grants to a nonprofit or for-profit entity:
(a) in preparation for a project that:
(i) involves the construction of moderate income housing units; and
(ii) is located within:
(A) a city of the fifth or sixth class, or a town, in a rural area of the state; or
(B) any municipality or unincorporated area in a county of the fourth, fifth, or sixth class; and
(b) in an amount of no more than $50,000 per project.
(2) The executive director shall, under the direction of the board, award each predevelopment grant in accordance with the provisions of this section and the provisions related to grant applications, grant awards, and reporting requirements in this part.
(3) The recipient of a predevelopment grant:
(a) may use grant funds to offset the predevelopment funds needed to prepare for the construction of low-income housing units, including market studies, surveys, environmental and impact studies, technical assistance, and preliminary architecture, engineering, or legal work; and
(b) may not use grant funds to pay for staff salaries or construction costs.
(4) The executive director shall, under the direction of the board, prioritize the awarding of a predevelopment grant for a project that is located within:
(a) a county of the fifth or sixth class; and
(b) an area that has underdeveloped infrastructure, as demonstrated by at least two of the following:
(i) limited or no availability of natural gas;
(ii) limited or no availability of a sewer system;
(iii) limited or no availability of broadband Internet;
(iv) unpaved residential streets; or
(v) limited local construction professionals, vendors, or services.
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 508 - Annual accounting.

Effective 6/1/2022
35A-8-508.
Annual accounting.
(1) The executive director shall monitor the activities of recipients of grants and loans issued under this part on a yearly basis to ensure compliance with the terms and conditions imposed on the recipient by the executive director with the approval of the board or by this part.
(2) Beginning July 1, 2021, an entity that receives any money from the fund under this part shall provide the executive director with an annual accounting of how the money the entity received from the fund has been spent.
(3) The executive director shall make an annual report to the board accounting for the expenditures authorized by the board.
(4) The board shall submit a report to the department for inclusion in the annual written report described in Section 35A-1-109:
(a) accounting for expenditures authorized by the board; and
(b) evaluating the effectiveness of the program.
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 509 - Economic Revitalization and Investment Fund.

Effective 6/1/2022
35A-8-509.
Economic Revitalization and Investment Fund.
(1) There is created an enterprise fund known as the "Economic Revitalization and Investment Fund."
(2) The Economic Revitalization and Investment Fund consists of money from the following:
(a) money appropriated to the account by the Legislature;
(b) private contributions;
(c) donations or grants from public or private entities; and
(d) money returned to the department under Subsection 35A-8-512(3)(a).
(3) The Economic Revitalization and Investment Fund shall earn interest, which shall be deposited into the Economic Revitalization and Investment Fund.
(4) The executive director may distribute money from the Economic Revitalization and Investment Fund to one or more projects that:
(a) include affordable housing units for households whose income is no more than 30% of the area median income for households of the same size in the county or municipality where the project is located; and
(b) have been approved by the board in accordance with Section 35A-8-510.
(5)
(a) A housing sponsor may apply to the department to receive a distribution in accordance with Subsection (4).
(b) The application shall include:
(i) the location of the project;
(ii) the number, size, and tenant income requirements of affordable housing units described in Subsection (4)(a) that will be included in the project; and
(iii) a written commitment to enter into a deed restriction that reserves for a period of 30 years the affordable housing units described in Subsection (5)(b)(ii) or their equivalent for occupancy by households that meet the income requirements described in Subsection (5)(b)(ii).
(c) The commitment in Subsection (5)(b)(iii) shall be considered met if a housing unit is:
(i)
(A) occupied or reserved for occupancy by a household whose income is no more than 30% of the area median income for households of the same size in the county or municipality where the project is located; or
(B) occupied by a household whose income is no more than 60% of the area median income for households of the same size in the county or municipality where the project is located if that household met the income requirement described in Subsection (4)(a) when the household originally entered into the lease agreement for the housing unit; and
(ii) rented at a rate no greater than the rate described in Subsection 35A-8-511(2)(b).
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make additional rules providing procedures for a person to apply to the department to receive a distribution described in Subsection (4).
(6) The executive director may expend up to 3% of the revenues of the Economic Revitalization and Investment Fund, including any appropriation to the Economic Revitalization and Investment Fund, to offset department or board administrative expenses.
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 509.5 - Rural Housing Fund.

Effective 6/1/2022
35A-8-509.5.
Rural Housing Fund.
(1) There is created an enterprise fund known as the "Rural Housing Fund."
(2) The Rural Housing Fund consists of money from the following:
(a) money appropriated to the account by the Legislature;
(b) private contributions;
(c) donations or grants from public or private entities; and
(d) money returned to the department under Subsection 35A-8-512(3)(b).
(3) The Rural Housing Fund shall earn interest, which shall be deposited into the Rural Housing Fund.
(4) Subject to appropriation, the executive director may expend funds in the Rural Housing Fund to provide loans for projects that:
(a) are located within:
(i) a county of the third, fourth, fifth, or sixth class; or
(ii) a municipality in a county of the second class with a population of 10,000 or less;
(b) include moderate income housing units; and
(c) have been approved by the board in accordance with Section 35A-8-510.
(5)
(a) A housing sponsor may apply to the department to receive a loan under this section.
(b) An application under Subsection (5)(a) shall specify:
(i) the location of the project;
(ii) the number, size, and income requirements of moderate income housing units that will be included in the project; and
(iii) a written commitment to enter into a deed restriction that reserves for a period of 50 years the moderate income housing units described in Subsection (5)(b)(ii).
(c) A commitment under Subsection (5)(b)(iii) shall be considered satisfied if a housing unit is occupied by a household that met the income requirement for moderate income housing when the household originally entered into the lease agreement for the housing unit.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules establishing procedures and requirements for housing sponsors to apply for and receive loans under this section.
(6) The executive director may expend up to 3% of the revenues of the Rural Housing Fund, including any appropriation to the Rural Housing Fund, to offset department or board administrative expenses.
Enacted by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 510 - Housing loan fund board approval.

Effective 6/1/2022
35A-8-510.
Housing loan fund board approval.
(1) The board shall review the project applications described in Subsections 35A-8-509(5) and 35A-8-509.5(5).
(2)
(a) The board may approve a project that meets the requirements of Subsections 35A-8-509(4) and (5) to receive funds from the Economic Revitalization and Investment Fund.
(b) The board may approve a project that meets the requirements of Subsections 35A-8-509.5(4) and (5) to receive funds from the Rural Housing Fund.
(3) The board shall give preference to projects:
(a) that include significant additional or matching funds from an individual, private organization, or local government entity;
(b) that include significant contributions by the applicant to total project costs, including contributions secured by the applicant from other sources such as professional, craft, and trade services and lender interest rate subsidies;
(c) with significant local government contributions in the form of infrastructure, improvements, or other assistance;
(d) where the applicant has demonstrated the ability, stability, and resources to complete the project;
(e) that will serve the greatest need;
(f) that promote economic development benefits;
(g) that allow integration into a local government housing plan;
(h) that would mitigate or correct existing health, safety, or welfare concerns; or
(i) that remedy a gap in the supply of and demand for affordable housing.
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 511 - Activities authorized to receive account money.

Effective 6/1/2022
35A-8-511.
Activities authorized to receive account money.
The executive director may distribute funds from the Economic Revitalization and Investment Fund and the Rural Housing Fund for any of the following activities undertaken as part of an approved project:
(1) the acquisition, rehabilitation, or new construction of a building that includes moderate income housing units;
(2) the purchase of land for the construction of a building that will include moderate income housing units; or
(3) pre-development work, including planning, studies, design, and site work for a building that will include moderate income housing units.
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 512 - Repayment of funds.

Effective 6/1/2022
35A-8-512.
Repayment of funds.
(1) Upon the earlier of 30 years from the date an approved project is placed in service or the sale or transfer of the affordable housing units acquired, constructed, or rehabilitated as part of an approved project funded under Subsection 35A-8-511(1), the housing sponsor shall remit to the department:
(a) the total amount of money distributed by the department to the housing sponsor for the project; and
(b) an additional amount of money determined by contract with the department prior to the initial disbursement of money.
(2) Any claim arising under Subsection (1) is a lien against the real property funded under this chapter.
(3)
(a) Any money returned to the department under Subsection (1) from a housing sponsor that received funds from the Economic Revitalization and Investment Fund shall be deposited in the Economic Revitalization and Investment Fund.
(b) Any money returned to the department under Subsection (1) from a housing sponsor that received funds from the Rural Housing Fund shall be deposited in the Rural Housing Fund.
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 5 - Olene Walker Housing Loan Fund › Section 513 - Annual accounting.

Effective 6/1/2022
35A-8-513.
Annual accounting.
(1) The executive director shall monitor the activities of recipients of funds from the Economic Revitalization and Investment Fund and the Rural Housing Fund on a yearly basis to ensure compliance with the terms and conditions imposed on the recipient by the executive director with the approval of the board.
(2)
(a) A housing sponsor that receives funds from the Economic Revitalization and Investment Fund shall provide the executive director with an annual accounting of how the money the entity received from the Economic Revitalization and Investment Fund has been spent and evidence that the commitment described in Subsection 35A-8-509(5) has been met.
(b) A housing sponsor that receives funds from the Rural Housing Fund shall provide the executive director with an annual accounting of how the money the entity received from the Rural Housing Fund has been spent and evidence that the commitment described in Subsection 35A-8-509.5(5) has been met.
(3) The executive director shall make an annual report to the board accounting for the expenditures authorized by the board under the Economic Revitalization and Investment Fund and the Rural Housing Fund.
(4) The board shall submit a report to the department for inclusion in the annual written report described in Section 35A-1-109 that includes:
(a) an accounting for expenditures authorized by the board; and
(b) an evaluation of the effectiveness of each program.
Amended by Chapter 406, 2022 General Session