082 of 1991 - Enacting Chapter 18.96 Requiring Fit Premises0 91-1
0 91-40
SALT LAKE CITY ORDINANCE
No. 82 of 1991
(Enacting Chapter 18.96
Requiring Fit Premises)
AN ORDINANCE ENACTING CHAPTER 18.96.010, ET SEQ., TO THE
SALT LAKE CITY CODE, RELATING TO FIT PREMISES.
WHEREAS, the Salt Lake City Council has held extensive
hearings and taken extensive testimony from all parties
concerning the relationship between property owners and tenants
in rental housing within Salt Lake City; and
WHEREAS, the City Council finds that a large number of the
dwelling units within Salt Lake City are occupied on a rental
tenancy basis; and
WHEREAS, the City Council finds that while a large majority
of both property owners and tenants are honorable people who do
the best job possible in maintaining rented premises in a
habitable condition there are, unfortunately, a significant
number of both property owners and tenants who do not live up to
these standards; and
WHEREAS, specifically, the City Council finds that some
property owners rent premises in a condition which is not fit for
occupancy and/or fail to maintain the premises in such a
habitable condition; and
WHEREAS, the City Council further finds that some property
owners also make unreasonable requests to enter the premises and
are not available as needed to meet legitimate concerns of
tenants; and
WHEREAS, the City Council also finds that some tenants fail
to live up to their obligations by causing damages in excess of
reasonable wear and tear and exceeds the amount of any security
deposit paid ;
WHEREAS. the City Council further finds that some tenants
fail to live up to their obligations in maintaining premises in a
clean and fit condition;
WHEREAS, the City Council also finds that some tenants fail
to pay their rents and other charges in accordance with their
rental agreements; and
WHEREAS, the City Council finds that some tenants fail to
allow for the peaceful enjoyment of the premises by other
tenants.
WHEREAS, the City Council has considered the problems
occurring between property owners and tenants in light of recent
decisions of the Utah Supreme Court and the enactment of the Utah
Fit Premises Act, Section 57-22-1, et seq., U.C.A.; and
WHEREAS, the City Council finds that it has the necessary
police and other regulatory powers to enable the City to enact
this ordinance and, further, that this ordinance is not preempted
by the Utah Fit Premises Act or other State regulation; and
WHEREAS, the City Council finds that the following ordinance
requiring fit premises is in the best interests of the City;
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1. That Chapter 18.96 of the Salt Lake City Code,
be, and the same hereby is, enacted to read as follows:
18.96.010 Title.
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This ordinance may be referred to as the Salt Lake City Fit
Premises Ordinance.
18.96.020 Exclusions from application of ordinance.
The following arrangements are not governed by this
ordinance:
A. Residence at a detention, medical, geriatric,
educational, counseling, or religious institution;
B. Occupancy under a contract of sale of a dwelling unit
if the occupant is the purchase;
C. Occupancy by a member of a fraternal or social
organization in a building operated for the benefit of the
organization;
D. Transient occupancy in a hotel, or motel (or lodgings
subject to Utah Code Section 59-12-301); except that single room
occupancy units ("SRO") shall be governed by this ordinance.
SRO means an existing housing unit with one combined sleeping and
living room of at least seventy square feet, but of not more than
two hundred twenty square feet, where the usual tenancy or
occupancy of the same unit by the same person or persons is for a
period of longer than one week. Such units may include a kitchen
and a private bath; and
E. Occupancy by an owner of a condominium unit.
18.96.030 Identification of owner and agents.
A. A property owner, or any person authorized to enter
into an oral or written rental agreement on the property owner's
behalf, shall disclose to the tenant in writing at or before the
commencement of the tenancy the name, address and telephone
number of:
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1. The owner or person authorized to manage the
premises; and
2. A local person authorized to act for and on behalf
of the owner for the purpose of receiving notices and
demands, and performing the property owner's obligations
under this ordinance and the rental agreement if the owner
or manager reside outside of Salt Lake City.
B. A person who enters into a rental agreement and fails
to comply with the requirements of this section becomes an agent
of the property owner for the purposes of:
1. Receipt of Notices under this ordinance; and
2. Performing the obligations of the property owner
under this chapter and under the rental agreement.
C. The information required to be furnished by this
section shall be kept current. This section is enforceable
against any successor property owner, owner, or manager.
D. Every rental property with more than one unit rented
without a written agreement shall have a notice posted in a
conspicuous place with the name, address and telephone number of
the owner or manager and local agent as required by subsection A.
above.
18.96.040 Property owner to deliver possession of dwelling unit.
A. A copy of the lease or rental agreement, rules and
regulations, an inventory of the condition of the premises, a
list of all appliances and furnishings and a summary of this
chapter shall be given to each tenant at the time the rental
agreement is entered into. The summary shall be prepared by the
City for the purpose of fairly setting forth the material
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provisions of this chapter and shall include information about
mediation resources in the Salt Lake City area and shall
encourage property owners and tenants to take advantage of
mediation services. The property owner shall secure and retain
the tenant's signed acknowledgment that the foregoing documents
have been provided to the tenant. Such acknowledgment shall be
returned to the property owner no later than three days after the
tenant takes possession of the dwelling unit.
Before entering into a rental agreement, the property owner
shall disclose to the
provider to terminate
tenant
water,
service to the dwelling unit
any current notice
gas, electrical or
or to common areas
by a utility
other utility
of the building,
the proposed date of termination, and any current uncorrected
building or health code violation included in a deficiency list
or notice from the Salt Lake City Building and Housing Services
or any other government entity.
B. By explicit written agreement, a property owner and a
tenant may establish a procedure whereby the tenant notifies the
property owner of needed repairs, makes those repairs and deducts
the cost of the repairs form the rent due and owing.
C. A property owner may allocate any duties to the tenant
by explicit written agreement. Such agreement must be clear and
specific, boxed, in bold type or underlined.
18.96.050 Property owner to maintain the premises and each
dwelling unit.
A property owner shall:
A. Comply with the requirements of applicable building,
housing and health codes and city ordinances and not rent the
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premises unless they are safe, sanitary, and fit for human
occupancy;
B. Maintain the structural integrity of the building;
C. Maintain floors in compliance with safe load -bearing
requirements;
D. Provide exits, emergency egress, and light and
ventilation in compliance with applicable codes;
E. Maintain stairways, porches, walkways and fire escapes
in sound condition;
F. Provide smoke detectors and fire extinguisher as
required by code;
G. Provide operable sinks, toilets, tubs and/or showers;
H. Provide heating facilities as required by code;
I. Provide kitchen facilities as required;
J. Provide running water;
K. Provide adequate hall and stairway lighting;
L. Maintain floors, walls and ceilings in good condition;
M. Supply window screens where required by code;
N. Maintain foundation, masonry, chimneys, water heater
and furnace in good working condition;
0. Prevent the accumulation of stagnant water in the
interior of any premises;
P. Maintain in good and safe working order and condition
all electrical, plumbing, sanitary, heating, ventilating, air
conditioning, and other facilities and appliances supplied by the
property owner as required by applicable codes;
Q. Provide and maintain appropriate garbage receptacles
and arrange for timely garbage removal as required by code;
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R. Supply electricity, and hot water at all times and heat
during at least the months of October through April and as
weather conditions might otherwise reasonably warrant, except
where the dwelling unit is so constructed that electricity, heat
or hot water is within the exclusive control of the tenant and
supplied by a direct public utility connection;
S. Once proof of pest infestation has been established, be
responsible for initiation of pest control measures. In no
instance shall a property owner be required to apply pesticides
contrary to label directions;
T. Not interrupt or disconnect utility service;
U. Provide adequate locks to exterior doors and furnish
keys to tenants as required by applicable codes;
V. Maintain the dwelling unit in a reasonably insulated
and weather tight condition as required by the Building and
Housing and Utah State Energy Conservation Codes;
W. Provide for and protect each tenant's peaceful
enjoyment of the premises;
X. Insure that repairs, decorations, alterations, or
improvements, or exhibiting the dwelling unit shall not
unreasonably interfere with the tenants' right to quiet enjoyment
of the premises;
Y. Provide a mailbox; and
Z. Provide separate meters for each tenant for gas and
electricity or include charges for utility services in the rent.
18.96.060 Tenant to maintain dwelling unit.
A tenant shall:
A. Comply with all appropriate requirements of the rental
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agreement and applicable provisions of building, housing and
health codes;
B. Maintain the premises occupied in a clean and safe
condition and not unreasonably burden any common area;
C. Dispose of all garbage and other waste in a clean and
safe manner and avoid leaving garbage or litter in hallways,
porches, patios and other common areas;
D. Maintain allplumbing fixtures in as sanitary a
condition as the fixtures permit and avoid obstructing sinks,
toilets, tubs, showers and other plumbing drains;
E. Use all electrical, plumbing, sanitary, heating, and
other facilities and appliances in a reasonable manner;
F. Not destroy, deface, damage,, impair or remove any part
of the premises or knowingly permit any person to do so;
G. Promptly inform the property owner of any defective
conditions or problems at the premises;
H. Not interfere with the peaceful enjoyment of the
residential rental unit of another renter;
I. Upon vacation, restore the premises to their initial
condition except for reasonable wear and tear or conditions
caused by the property owner;
J. Be current on all payments required by the rental
agreement and this chapter;
K. Not increase the number of occupants above that
specified in the rental agreement without written permission of
the owners;
L. Not modify or paint the premises without the express
written permission of the property owner/agent; and
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M. Dispose of oil, car batteries, and other hazardous waste
materials away from the rental premises, and in a manner
prescribed by Federal and Local laws; and
N. Not require the owner to correct or remedy any condition
caused by the renter, the renter's family or the renter's guests
or invitees by inappropriate use of the property during the
rental term or any extension of it.
18.96.070 Rules and regulations.
A property owner may adopt rules or regulations concerning
the tenant's use and occupancy of the premises which become a
part of the rental agreement if they apply to all tenants in the
premises in a nondiscriminatory manner, do not conflict with the
lease, state law or city ordinance, and are provided to the
tenant before the tenant enters into the rental agreement.
Rules, regulations or lease terms can, by agreement between the
parties, be more favorable to the tenant than allowed by state
law or city ordinance but cannot be more restrictive. Rules may
be modified from time to time by the property owner. However, no
rule adopted after the commencement of any rental agreement shall
substantially modify the existing terms, conditions or rules
without written consent of the tenant.
18.96.080 Access.
A. A tenant shall not unreasonably withhold consent to the
property owner to enter into the dwelling unit in order to make
necessary or agreed repairs, decorations, alterations, or
improvements; or exhibit the dwelling unit to prospective
purchasers, tenants, or work people.
B. A property owner may enter the dwelling unit without
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consent of the tenant in case of emergency.
C. Except in case of emergency the property owner shall
give the tenant at least twenty-four hours notice of plans to
enter and may enter only between eight o'clock a.m. and ten
o'clock p.m.
D. A property owner has no other right of access except:
1. Pursuant to court order;
2. To make repairs requested by the tenant pursuant
to sections 18.96.110 and .120; or
3. If the tenant has abandoned the premises as
defined in Section 78-36-12(3), Utah Code Annotated, or any
successor provision.
18.96.90 Property owner and Tenant Remedies for Abuse of Access
A. If the tenant refuses to allow lawful access, the
property owner may obtain injunctive relief to compel access, or
terminate the rental agreement and commence an eviction action.
In either case, the property owner may recover actual damages and
reasonable attorney's fees.
B. If the property owner makes an unlawful entry or makes
repeated demands for entry which harass the tenant, the tenant
may obtain injunctive relief to prevent the recurrence of the
conduct or terminate the rental agreement and vacate the
premises. In either case, the tenant may recover the lesser of
the actual damages or damages equal to one month's rent and
reasonable attorney's fees.
18.96.100 Failure to deliver possession.
If the property owner fails to deliver possession of the
dwelling unit to the tenant as promised in the rental agreement,
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rent abates until possession is delivered. Alternatively, the
tenant may terminate the rental agreement by written notice to
the property owner and recover all prepaid rent and security
deposits and actual damages.
18.96.110 Repair of specified failures.
In the event of the failures specified below the property
owner shall take reasonable steps to begin repairing the failures
within the following specified time periods after receipt of
written notice of the failure delivered to the person identified
in Section 18.96.030.A.2., and complete the repairs with
reasonable diligence.
A. Inoperable toilet 24 hours
B. Tub, shower or kitchen
and bathroom sink with
inoperable drain or no
hot or cold water
48 hours
C. Inoperable refrigerator or cooking . . . 48 hours
range or stove
D. Non-functioning heating (during a . . 24 hours
period where heat is reasonably
necessary) or electrical system
E. Inoperable electric fixture 72 hours
F. Broken exterior door or inoperable . . 48 hours
or missing exterior door lock
G. Broken window with missing glass . . . . 96 hours
H. Inoperable exterior lighting 96 hours
I. Broken stair or balustrade 24 hours
J. Inoperable or missing smoke 24 hours
detector if required by code.
K. Inoperable required fire sprinkler . . . 24 hours
system (if smoke detectors are not
present or operating)
L. Inoperable required fire sprinkler . . 96 hours
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system (if smoke detectors are
installed and operable)
M. Broken or leaking water pipes 24 hours
causing an imminent threat to life,
safety or health
N. Other broken or leaking water pipes . . . 72 hours
O. Disconnection of electrical, water . . .24 hours
or natural gas service caused by
property owner
The tenant shall grant the property owner reasonable access
to perform the repairs required above.
18.96.120 Tenant repair and deduct.
If the property owner fails to begin making the repairs
required by Section .110 above, within the specified times, and
the tenant is current on all rent and other payments to the
property owner, the tenant may cause the repairs to be made
subject to the following provisions:
A. Critical repairs.
If the repairs involve an inoperable toilet, lack of heat
during a period for which heat is required, broken or leaking
water pipes posing an immediate threat to life, safety or health
or a complete lack of running water or disconnected gas, electric
or water service, the tenant may, upon the expiration of the
notice period specified in Section .110, cause the necessary
repairs to be made.
1. In making such repairs the tenant must use a
licensed contractor if such a licensed contractor is
required by applicable building or housing codes.
2. If a licensed contractor is required for the work,
the tenant shall make reasonable efforts to obtain two bids
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for the work and, if bids are obtained, shall contract for
the work to be done by the lowest bidder.
B. Non -critical repairs.
If the required repairs are not critical repairs subject to
the provisions of Section A. above, the tenant, after the
expiration of the notice time required by Section .110 above,
shall give the property owner or property owner's agent
identified in Section 18.96.030 above a second written notice of
intent to repair and deduct. This second notice shall be either
delivered and served personally upon the property owner or agent
or sent by both certified and regular mail.
1. The second notice shall state the nature of the
problem, the date the tenant sent the first notice required
by Section .110, and the intention of the tenant to cause
the repairs to be done and to deduct the cost from the rent
if the property owner does not make the repairs.
2. The property owner shall begin making the required
repairs within forty-eight hours after the hand delivery of
the second notice or by the end of the second calendar day
after the date of mailing of the second notice and complete
the repairs with reasonable diligence.
3. If the property owner has not begun the required
repairs within the time specified in subsection B.2. above,
the tenant may cause the repairs to be made.
4. In making such repairs the tenant must use a
licensed contractor if such a licensed contractor is
required by applicable building or housing codes.
5. If a licensed contractor is required for the work,
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the tenant shall make reasonable efforts to obtain two bids
for the work, and, if bids are obtained, shall contract for
the work with the low bidder.
6. If a licensed contractor is not required for the
work, the tenant may do the work on his or her own or
contract for the work to be done at a reasonable cost.
C. Deductible amount.
For any repairs made pursuant to this section, the tenant
may deduct from future rent the actual and reasonable cost of the
repairs performed up to a maximum deduction of four hundred
dollars; provided however, tenant shall furnish all original paid
receipts to the property owner.
D. Non -termination.
The property owner may not terminate the tenant's tenancy
for the tenant's deduction of rent for repairs made pursuant to
this section nor may the property owner terminate the tenancy
until the tenant's costs, not to exceed four hundred dollars, for
repairs made under this section have been offset by deducted
rent.
E. Tenant caused damages.
The repair and deduct provisions of this section shall not
be applicable to any damages caused or repairs necessitated by
actions of the tenant or the tenant's invited guests or other
occupants of the dwelling unit.
18.96.130 Retaliatory Conduct Prohibited
(a) Except as provided in this section and §57-22-4,
U.C.A., a property owner may not terminate a rental agreement or
bring or threaten to bring an eviction action because the tenant
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has in good faith:
(1) complained of code violations at the premises to a
governmental agency, elected representative or public
official charged with responsibility for enforcement of a
building, housing, health or similar code;
(2) complained of a building, housing, health or
similar code violation or an illegal property owner practice
to a community organization or the news media;
(3) sought the assistance of a community organization
or the news media to remedy a code violation or illegal
property owner practice;
(4) requested the property owner to make repairs to
the premises as required by this chapter, a building or
health code, other regulation, or the residential rental
agreement;
(5) become a member of a tenant's union or similar
organization;
(6) testified in any court or administrative
proceeding concerning the condition of the premises; or
(7) exercised any right or remedy provided by law.
SECTION 2. EFFECTIVE DATE. This ordinance shall
become effective on January, 1, 1992.
Passed by the City Council of Salt Lake City, Utah,
this 19 day of November , 1991.
437-2-
CHAIRPERSON
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Transmitted to the Mayor on
November 19, 1991
Mayor's action: xx Approved Vetoed.
LA_ ,41.
(SEAL)
Bill No. 82 of 1991.
Published: November 27, 1991
SWA:1:'c
10/29/91
MAYOR
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