No. 40012 (Amendment): Rule R460-2. Definition of Terms Used Throughout R460

(Amendment)

DAR File No.: 40012
Filed: 12/28/2015 10:09:25 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Some language in this rule repeats, verbatim, what is stated in established law, i.e. the Utah Housing Corporation (UHC) Act so duplicative language is being removed from the rule. Also, Utah Code references need to be updated in connection with changes made in S.B. 67 in the 2015 General Session.

Summary of the rule or change:

A section of the rule that provides a listing of some defined terms in Section 63H-8-103 is being eliminated to reduce any confusion regarding defined terms in the UHC Act or in its rules. Additionally, updated Utah Code references are being added.

State statutory or constitutional authorization for this rule:

• Section 63H-8-301

Anticipated cost or savings to:

the state budget:

The change is purely administrative in that redundant verbiage is being removed and Utah Code references are being updated. Therefore, there will be no fiscal effect on the state budget.

local governments:

The change is purely administrative in that redundant verbiage is being removed and Utah Code references are being updated. Therefore, there will be no fiscal effect on local government.

small businesses:

The change is purely administrative in that redundant verbiage is being removed and Utah Code references are being updated. Therefore, there will be no fiscal effect on small businesses.

persons other than small businesses, businesses, or local governmental entities:

The change is purely administrative in that redundant verbiage is being removed and Utah Code references are being updated. Therefore, there will be no fiscal effect on any other persons.

Compliance costs for affected persons:

Because the changes simply remove redundant language and update Utah Code references, there is no compliance cost for any affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

The UHC Act clearly provides defined terms in Section 63H-8-103. In an effort to follow the Governor's recommendation to provide clear, concise rules, UHC identified a duplicative section in this rule that is already provided in greater clarity in the Act. There is anticipated to be no fiscal impact on any business as a result of this change.

Grant S. Whitaker, President and CEO

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Housing Corporation (Utah)
Administration
2479 LAKE PARK BLVD
WEST VALLEY CITY, UT 84120

Direct questions regarding this rule to:

• Jonathan Hanks at the above address, by phone at 801-902-8221, by FAX at 801-902-8321, or by Internet E-mail at [e-mail]

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:

02/16/2016

This rule may become effective on:

02/23/2016

Authorized by:

Grant Whitaker, President and CEO

RULE TEXT

R460. Housing Corporation, Administration.

R460-2. Definitions of Terms Used Throughout R460.

R460-2-1. Terms Which are Defined in Section [35A-8-703]63H-8-103.

(1) Bonds;

(2) Corporation;

(3) Financial assistance;

(4) Housing sponsor;

(5) Low and moderate income persons;

(6) Mortgage lender;

(7) Mortgage loan;

(8) Mortgage;

[(9) President;]

([10]9) Residential housing;

(1[1]0) State.

 

R460-2-2. Additional Defined Terms.

(1) "Act" means the Utah Housing Corporation Act, set forth in Section [35A-8-701]63H-8-1 et. seq.

(2) "ADA coordinator" means UHC's president or his designee who has responsibility for investigating and providing prompt and equitable resolution of complaints filed by qualified individuals with disabilities.

(3) "Code" means the Internal Revenue Code of 1986, as amended, and the regulations of the United States Treasury Department promulgated thereunder.

(4) "Complainant" means a person who has a disability and who alleges in a complaint filed with UHC according to this rule, that an act of discrimination occurred by UHC, and satisfies one or more of the following:

(a) who meets the essential eligibility requirement for the receipt of services or the participation in programs or activities provided by UHC;

(b) who would otherwise be an eligible applicant for vacant UHC employment positions;

(c) who is an employee of UHC.

(5) "Disability" means with respect to an individual with a disability, a physical or mental impairment that substantially limits one or more of the major life activities of such an individual; a record of such an impairment; or being regarded as having such an impairment.

(6) "Federal" means of, pertaining to, or designating the government of the United States of America.

(7) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, sleeping, standing, sitting, reaching, lifting, bending, reading, concentrating, thinking, communicating, interacting with others, and working. A major life activity also includes the operation of a major bodily function, such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(8) "Multifamily" means a residential housing project consisting of five or more rental dwelling units located on a single or multiple tract(s) of land.

(9) "Participant" means a person, natural or otherwise, who is involved in or has a critical influence on or substantive control over a transaction which involves a UHC program, including but not limited to any of the following:

(a) appraisers and inspectors;

(b) real estate agents and brokers;

(c) management and marketing agents;

(d) attorneys;

(e) title insurance companies;

(f) escrow and closing agents;

(g) loan officers or other agents of lenders;

(h) project owners;

(i) developers, builders and contractors involved in the construction or rehabilitation of properties financed by UHC, or receiving UHC funds, or allocations of Federal or State resources directly or indirectly;

(j) individuals who are applicants for or borrowers under UHC mortgage loans, or members of their families;

(k) employees or agents of any of the above.

(10) "Single-Family" means residential housing consisting of one dwelling unit occupied by the fee simple owner of the dwelling unit.

(11) "UHC" means Utah Housing Corporation.

 

KEY: housing finance

Date of Enactment or Last Substantive Amendment: [November 27, 2012]2016

Authorizing, and Implemented or Interpreted Law: [35A-8-711]63H-8-301

 

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