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Council seeks enforceable approach to homeowner-occupancy in new developments; staff outlines deed-restriction plan
Summary
Council members discussed requiring deed restrictions and CC&Rs to prohibit rentals for an initial ownership period as a legally enforceable alternative to requiring owner occupancy; staff said enforcement will rely on deed-recorded restrictions and stronger fines.
Provo City staff and councilors described a new enforcement approach the council is testing to limit investor-owned rentals in certain new developments: instead of requiring owner occupancy, future development agreements would require recorded CC&Rs or deed restrictions that ban renting for an initial period.
Bill (staff) and Brian Jones, City Attorney, explained the legal rationale. Jones said it is difficult to craft a development agreement that requires an owner to live in a unit, but it is more straightforward to prohibit rentals during a fixed period. Under the…
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