DAR File No. 28984
Crime Victim Reparations, Administration
R270-1-24
Rent Awards
NOTICE OF PROPOSED RULE
DAR File No.: 28984
Filed: 08/30/2006, 04:55
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule provides criteria for receiving rent assistance. The additional criteria help ensure that rent awards are providing long-term benefits, as well as short-term benefits by requiring that recipients have a self-sufficiency plan and a safety plan.
Summary of the rule or change:
The amendments require victims to submit self-sufficiency plans and safety plans prior in order to receive a rent award. The amendments also clarify that all rent awards be directly related to the crime upon which the claim is based. Finally, the amendments clarify that a victim can receive up to a maximum of $1,800 in rent benefits and that no person may receive rent benefits more than one time.
State statutory or constitutional authorization for this rule:
Subsection 63-25a-406(c)
Anticipated cost or savings to:
the state budget:
Crime Victim Reparations (CVR) derives its funding from surcharges. No state general fund monies are appropriated. Although the changes implement additional steps to be completed by the victims, the change should not impact the amount of funds being expended for rent benefits. The purpose of the amendment is not to decrease the amount of money currently spent on rent benefits but to bring the rule and current practice into conformity.
local governments:
This rule change addresses the requirement for victims of crime to receive rent benefits. Local governments are not directly impacted because benefits are provided to individual victims or on their behalf. Local governments do not apply for benefits or receive benefits. However, employees in law enforcement offices and prosecutor offices do provide assistance to victims in completing applications. The additional requirements should not impact the amount of time the local government employees spend on the applications because the new requirements, though not in rule, are currently part of the application process.
other persons:
These additional requirements should not impact victims because the requirements have been informally enforced for some time. Thus, victims should not notice a change.
Compliance costs for affected persons:
The CVR office does not have any compliance costs because the program does not impose fees on victims of crime for services provided. These additional requirements should not impact victims because the requirements have been informally enforced for some time. Thus, victims should not notice a change.
Comments by the department head on the fiscal impact the rule may have on businesses:
There would not be a fiscal impact on businesses since the funding comes from the existing CVR Trust Fund. The amount of money paid to landlords on behalf of victims is expected to remain constant. Ron Gordon, Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Administration
350 E 500 S
SALT LAKE CITY UT 84111-3347
Direct questions regarding this rule to:
Connie Wettlaufer at the above address, by phone at 801-238-2371, by FAX at 801-533-4127, or by Internet E-mail at cwettlaufer@utah.gov
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:
10/16/2006
This rule may become effective on:
10/23/2006
Authorized by:
Ronald B Gordon, Director
RULE TEXT
R270. Crime Victim Reparations, Administration.
R270-1. Award and Reparation Standards.
R270-1-24. Rent Awards.
A. Pursuant to
Subsection 63-25a-411(4)(a), victims of domestic violence or child abuse may be
awarded [a one time only rental award for actual rent expenses of $1800 ]for
up to[a maximum of] three months, not to exceed a maximum rent
award of $1800, if the following conditions apply:
1. The perpetrator was living with the victim at the time of the crime or the rent assistance appears directly related to the victim's ability to distance herself/himself from the perpetrator.
2. It appears reasonable that the perpetrator was assisting or was solely responsible for rent.
3. The victim agrees that the perpetrator is not allowed on the premises.
4. The victim submits a safety plan to CVR and the plan is approved by CVR.
5. The victim submits a self-sufficiency plan to CVR and the plan is approved by CVR.
6. The need for rent assistance is directly related to and caused by the crime upon which the claim is based.
B. No victim shall receive more than one rent award in their lifetime.
KEY: victim compensation, victims of crimes
Date of
Enactment or Last Substantive Amendment:
[January 4, ]2006
Notice of Continuation: July 3, 2006
Authorizing, and Implemented or Interpreted Law: 63-25a-401 et seq.
ADDITIONAL INFORMATION
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For questions regarding the content or application of this rule, please contact Connie Wettlaufer at the above address, by phone at 801-238-2371, by FAX at 801-533-4127, or by Internet E-mail at cwettlaufer@utah.gov
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.