DAR File No.: 31529
Filed: 06/05/2008, 09:15
Received by: NLRULE ANALYSIS
Purpose of the rule or reason for the change:
The proposed amendment places restrictions on the amount of the rent benefit and streamlines the application process for rent by repealing some current requirements.
Summary of the rule or change:
The proposed amendment reduces the maximum rent benefit from $1,800 to $1,500 and reduces the time frame for the rent benefit from three months to two months. The amendment also simplifies the application process for rent by repealing the requirement for victims to submit a safety plan and a self-sufficiency plan.
State statutory or constitutional authorization for this rule:
Subsection 63M-7-506(1)(c)
Anticipated cost or savings to:
the state budget:
During the past three fiscal years, Crime Victim Reparations (CVR) has paid an average of $1,499.89 per rent claim. Therefore, reducing the maximum rent benefit is likely to have no impact on the state budget because CVR is likely to pay the same amount for rent under the new maximum of $1,500 as it has been paying under the current maximum of $1,800.
local governments:
Because rent payments are made directly to rental companies and do not involve local government, this amendment will have no fiscal impact on local government.
small businesses and persons other than businesses:
The maximum amount that rental companies can receive from CVR will be reduced by $300 per claim. CVR awards rent benefits on approximately 227 claims per year, meaning that $68,100 would no longer be available to pay to rental companies. However, the new maximum is equal to the amount of money that has been paid to rental companies over the last three fiscal years. Therefore, rental companies are likely to receive the same amount of money they have been receiving.
Compliance costs for affected persons:
The only group of affected persons with some type of compliance costs will be victims of crime seeking rent benefits. Victims will need to request the benefit from CVR and will be asked to obtain a copy of the lease and other rental information. These things are currently required. Because this change also simplifies the process of requesting rent, victims will actually spend less time complying with CVR requirements.
Comments by the department head on the fiscal impact the rule may have on businesses:
This proposed regulation change will have very little, if any, impact on rental businesses. Robert Yeates, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Crime Victim Reparations
Administration
350 E 500 S
SALT LAKE CITY UT 84111-3347Direct questions regarding this rule to:
Ronald B Gordon at the above address, by phone at 801-238-2367, by FAX at 801-533-4127, or by Internet E-mail at rbgordon@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
07/31/2008
This rule may become effective on:
08/07/2008
Authorized by:
Ronald B Gordon, Director
RULE TEXT
R270. Crime Victim Reparations, Administration.
R270-1. Award and Reparation Standards.
R270-1-24. Rent Awards.
A. Pursuant to Subsection 63M-7-511(4)(a), victims of domestic violence or child abuse may be awarded for actual rent expenses for up to [
three]two months, not to exceed a maximum rent award of [$1800]$1500, if the following conditions apply:1. The perpetrator was living with the victim at the time of the crime or the rent assistance appears directly related to the victim's ability to distance herself/himself from the perpetrator.
2. It appears reasonable that the perpetrator was assisting or was solely responsible for rent.
3. The victim agrees that the perpetrator is not allowed on the premises.[
4. The victim submits a safety plan to CVR and the plan is approved by CVR.5. The victim submits a self-sufficiency plan to CVR and the plan is approved by CVR.][
6]4. The need for rent assistance is directly related to and caused by the crime upon which the claim is based.B. No victim shall receive more than one rent award in their lifetime.
KEY: victim compensation, victims of crimes
Date of Enactment or Last Substantive Amendment: [
January 2], 2008Notice of Continuation: July 3, 2006
Authorizing, and Implemented or Interpreted Law: 63M-7-501 et seq.
Document Information
- Effective Date:
- 8/7/2008
- Publication Date:
- 07/01/2008
- Filed Date:
- 06/05/2008
- Agencies:
- Crime Victim Reparations,Administration
- Rulemaking Authority:
Subsection 63M-7-506(1)(c)
- Authorized By:
- Ronald B Gordon, Director
- DAR File No.:
- 31529
- Related Chapter/Rule NO.: (1)
- R270-1-24. Rent Awards.