This draft of the proposed rental “contract” ordinance was prepared by the Council attorney as an option to reduce the potential for misinterpretation from the redefinition of the word “contract” in the V2 draft (see previous blog post titled Rental Contract Ordinance) to refer to disclosure and acknowledgment documents. This draft substitutes “disclosure and acknowledgment” for “contract” to make it clearer that the required documents do not have to be part of the lease agreement contract, though they may be. This is not the current draft but may be considered during the discussion on Tuesday night, November 14th. The Utah League of Cities and Towns attorney who reviewed both drafts expressed a preference for this one as being clearer, though both have the same effect from an enforcement standpoint.
AN ORDINANCE ENACTING A NEW PROVO CITY CODE PROVISION REGARDING RENTAL DISCLOSURES. (17-104)
WHEREAS, the Provo City Council’s Zoning Committee has recommended that Provo City Code Section 6.26.150 (Disclosure and Acknowledgment Required) be enacted in order to establish requirements of landlords in disclosing zoning rules for the property as part of the written tenant contract; and
WHEREAS, the action is also intended to clearly define the tenants’ rights and responsibilities in a document provided by Provo City; and
WHEREAS, the Zoning Committee reasons that this action will educate tenants and landlords and facilitate better zoning self-enforcement; and
WHEREAS, on August 29, 2017, September 19, 2017, and October 3, 2017, the Municipal Council held duly noticed public meetings to ascertain facts regarding this matter, which facts are found in the meeting records; and
WHEREAS, after considering the Zoning Committee’s recommendation and facts and comments presented to the Municipal Council, the Council finds (i) Provo City Code Section 6.26.150 should be enacted as recommended by the Zoning Committee and (ii) this action, as set forth below, reasonably furthers the health, safety, and general welfare of the citizens of Provo City.
NOW, THEREFORE, be it ordained by the Municipal Council of Provo City, Utah, as follows:
Provo City Code Section 6.26.150 is hereby enacted as shown in the attached Exhibit A.
A. If a provision of this ordinance conflicts with a provision of a previously adopted ordinance, this ordinance shall prevail.
B. This ordinance and its various sections, clauses and paragraphs are hereby declared to be severable. If any part, sentence, clause or phrase is adjudged to be unconstitutional or invalid, the remainder of the ordinance shall not be affected thereby.
C. The Municipal Council hereby directs that the official 42 copy of the Provo City Code be updated to reflect the provisions enacted by this ordinance.
D. This ordinance shall take effect on January 1, 2018.
6.26.150. Disclosure and Acknowledgement Required.
(1) For purposes of this section, the following definitions shall apply:
(a) “Owner” includes any duly authorized agent of a property owner, including an authorized property manager, but does not include a tenant or sublessor.
(b) “Tenant” includes any lessee and/or sublessee.
(c) “Disclosure and Acknowledgement” means, at a minimum, a document executed by both the owner and one or more tenants that meets the requirements in subsection (4). A written contract between owner and tenant is not required to meet the requirements of this section. However, such a contract may be used to satisfy the requirements of this section if:
(i) such contract meets all the requirements of subsection (4); and
(ii) the landlord is willing to make such contract available when required by subsection (5).
(d) “Rental dwelling” has the meaning defined in Provo City Code Section 6.02.010, but also includes a mobile home rental dwelling as defined in that section.
(2) Every owner of a rental dwelling shall have a written disclosure and acknowledgement with each adult tenant.
(3) Every adult tenant shall have a written disclosure and acknowledgement with the owner of any rental dwelling.
(4) The disclosure and acknowledgement shall contain the following:
(a) a copy of the rental dwelling license application approval letter for that property;
(b) a copy of the Tenants’ Rights and Responsibilities document provided by Provo City; and
(c) an acknowledgement by both owner and tenant of tenant’s lease of the premises.
(5) The owner shall make the disclosure and acknowledgement available to Provo City officials upon request when reasonable cause exists to believe that there is a violation of this section.
(6) It shall be unlawful for any owner, tenant, or other individual to violate the requirements of this section.
(7) Any owner, tenant, or other individual who intentionally, knowingly, or recklessly violates this section shall be guilty of a Class C misdemeanor.
(a) No person shall be in violation of this section unless he intends a violation, is aware that his conduct is reasonably certain to cause a violation of this section, or is aware of, but consciously disregards, a substantial and unjustifiable risk that his conduct will result in a violation of this section.
(b) A person shall not be held liable if a violation of this section results from his criminal or simple negligence.
(c) A second or subsequent conviction under this section shall be a Class B misdemeanor.
(d) For purposes of this section, a plea of guilty or no contest to a violation of this section, which plea is held in abeyance under Utah Code Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.