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House approves bill aiming to reduce application costs for agencies placing homeless renters
Summary
HB83 passed after sponsors said landlords would be encouraged to disclose tenant selection criteria to reduce wasted application fees for homelessness service agencies; sponsor described the language as a recommendation without private cause of action.
On Feb. 17, 2017 the Utah House passed HB83, a measure intended to reduce costs and speed housing placements for people served by homelessness agencies by encouraging landlords to disclose rental application selection criteria such as criminal history, credit checks, income and rental history.
Sponsor rationale: Representative Cutler described the bill as intended to help agencies like The Road Home and others avoid paying for applications that are likely to be rejected. He said the selection criteria sheet is an example landlords can use to disclose anticipated availability and the criteria they will review. "Getting people into homes is difficult... the goal here is to get more people into homes quicker at a lower cost," Cutler said.
Legal consequences and concerns: The sponsor and backers said the requirement was more of a recommendation than a mandatory duty; language limits private causes of action so landlords will not generally face lawsuits for failing to provide the suggested disclosures. Representative Brian King and others questioned whether landlords would be required to withhold rentals from people with criminal histories; sponsor replied landlords are not required to perform criminal-history checks and the selection criteria are discretionary.
Floor action and result: After questions and debate about online posting and potential unintended effects, Cutler waived summation and the House passed the second substitute HB83 69-0. The bill will be transmitted to the Senate.
Representative Cutler said: "This is an anti homeless bill. The goal of getting people into homes is what this bill is all about." Representative Frower and Representative King asked technical questions about posting and possible cause of action; sponsor replied the item is intended to be a helpful recommendation for landlords and agencies.
