No. 36782 (Amendment): Rule R460-2. Definitions of Terms Used Throughout R460

(Amendment)

DAR File No.: 36782
Filed: 09/17/2012 11:51:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for the amendment is to eliminate obsolete references or definitions and to provide additional clarity to the definitions listed in this rule. Furthermore, one definition is expanded to reflect changes enacted by the Americans with Disabilities Act of 1990, 42 USC 12102, as amended.

Summary of the rule or change:

Section R460-2-2 changes include: 1) update reference to the Utah Code to coincide with changes made in the 2012 General Session; 2) add language to the definition of "major life activities" as required by the Americans with Disabilities Act of 1990, 42 USC 12102, as amended; 3) clarify appropriate contacts and eliminate obsolete definitions; and 4) add clarifying language to certain definitions to reflect all parties who may be affected by Utah Housing Corporation's (UHC) rules.

State statutory or constitutional authorization for this rule:

• Section 35A-8-711

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because Subsection 35A-8-702(3)(b) states the UHC is a "financially independent body" and therefore, receives no state appropriation. Furthermore, the changes made to this rule are merely clarifying in nature and do not entail any additional requirements.

local governments:

There is no anticipated cost or savings to any local government because changes made to this rule are simply clarifying in nature.

small businesses:

There is no cost or savings to any small businesses because the changes made to this rule are merely clarifying in nature.

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

There is no cost or savings to other persons because the changes made to this rule are merely clarifying in nature.

Compliance costs for affected persons:

There are no anticipated additional compliance costs (in addition to existing compliance costs) for persons affected by this rule.

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

There is no demonstrable savings or expenditures on business from this rule. However, the greater clarity which has been added will enable UHC and its stakeholders to more easily articulate the defined terms as laid out in this rule.

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:

11/14/2012

This rule may become effective on:

11/21/2012

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 [9-4-903]35A-8-703.

(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) Residential housing;

(11) State.

 

R460-2-2. Additional Defined Terms.

(1) "Act" means the Utah Housing Corporation Act, set forth in Section [9-4-901]35A-8-701 et. seq[through 9-4-926].

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

[(3) "ADA state coordinating committee" means the committee with that title appointed by the Utah Governor.

]([4]3) "Code" means the Internal Revenue Code of 1986, as amended, and the regulations of the United States Treasury Department promulgated thereunder.

([5]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.

([6]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.

([7]6) "Federal" means of, pertaining to, or designating the government of the United States of America.

([8]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.

([9]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.

([10]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[g]) project owners;

( i[h]) 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;

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

([j]k) employees or agents of any of the above.

[ (11) "Servicer" means a mortgage lender who collects and accounts for monthly mortgage loan payments from borrowers and performs other related services on behalf of UHC.

] (10[2]) "Single-Family" means residential housing consisting of one dwelling unit occupied by the fee simple owner of the dwelling unit.

(1[3]1) "UHC" means Utah Housing Corporation.

 

KEY: housing finance

Date of Enactment or Last Substantive Amendment: [1993]2012

Notice of Continuation: October 15, 2007

Authorizing, and Implemented or Interpreted Law: [9-4-910; 9-4-911]35A-8-711

 

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