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Council staff proposes ordinance to close 'sham transaction' loophole for ADUs and rental licenses
Summary
City staff presented a text amendment that aims to make transfers into trusts or LLCs subject to closer scrutiny for owner-occupancy requirements related to accessory dwelling units and rental licenses; staff suggested adding clearer rebuttable presumptions and stronger disclosure language.
Provo planning staff presented a proposed text amendment on Jan. 14 to close a perceived loophole that allows “sham property transactions” — ownership changes into trusts or LLCs intended to evade owner-occupancy rules for accessory dwelling units (ADUs) and rental dwelling licenses.
Jessica Danique Donachy (presenting as Jessica Danique Donachy in the transcript) said the amendment would make clear that transfers into an LLC or trust where members or trustees change within the first year after a rental license is…
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