DAR File No. 31024

Crime Victim Reparations, Administration

R270-1-24

Rent Awards

NOTICE OF PROPOSED RULE

DAR File No.: 31024
Filed: 02/27/2008, 12:50
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This section provides guidelines for payment of rent. Section R270-1-10 will be amended to include the rent benefit as part of moving expenses, making this section unnecessary. (DAR NOTE: The proposed amendment to Section R270-1-10 is under DAR No. 31023 in this issue, March 15, 2008, of the Bulletin.)

Summary of the rule or change:

The rent benefit is currently available only to victims of domestic violence and child abuse who were dependent on the perpetrator for payment of rent. The Office of Crime Victim Reparations proposes amendments to Section R270-1-10 to extend the rent benefit to all victims who qualify for moving expenses and to include rent assistance as part of moving expenses.

State statutory or constitutional authorization for this rule:

Subsections 63-25a-406(1)(c) and 63-25a-411(4)

Anticipated cost or savings to:

the state budget:

The fiscal impact of the removal of Section R270-1-24 must be viewed in conjunction with the amendment to Section R270-1-10. Because the rent benefit will be available to additional victims, the Office of Crime Victim Reparations expects to pay more on rent than is currently paid. The Office estimates the increase to be approximately $150,000 per year. This is the same increase described in the analysis of Section R270-1-10 and is not cumulative. This will impact the Crime Victim Reparation Fund and will have no impact on the general fund.

local governments:

The fiscal impact of this amendment must be viewed in conjunction with the amendment to Section R270-1-10. There will be no quantifiable budget impact on local governments. However, this amendment may result in a slight workload decrease for some local government employees. Victim advocates working in police departments and prosecutors' offices currently assist victims in completing a separate rent application. With this amendment, a separate rent application will no longer be required. Because advocates will no longer need to provide assistance with the rent application, they will be able to focus their time on other demands.

small businesses and persons other than businesses:

The fiscal impact of this amendment must be viewed in conjunction with the amendment to Section R270-1-10. Because rent payments will be made on behalf of more victims, additional landlords are likely to benefit from this amendment. Those landlords will be required to provide minimal information (tax ID number) to facilitate payment.

Compliance costs for affected persons:

Compliance costs must be viewed in conjunction with the amendment to Section R270-1-10. Compliance costs for all parties will decrease because the separate rent application will no longer be required. The victims will spend less time seeking the rent benefit. Local government victim advocates will spend less time assisting victims during the application process. The Office of Crime Victim Reparations will spend less time processing the applications.

Comments by the department head on the fiscal impact the rule may have on businesses:

The fiscal impact on businesses must be viewed in conjunction with the amendment to Section R270-1-10. Businesses involved in rental properties are likely the only businesses that will be impacted. Such businesses will receive additional payments from the Office of Crime Victim Reparations. The time such businesses will invest in order to receive these payments will be minimal. Ron Gordon, Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Crime Victim Reparations
Administration
350 E 500 S
SALT LAKE CITY UT 84111-3347

Direct questions regarding this rule to:

Ronald B Gordon at the above address, by phone at 801-238-2367, by FAX at 801-533-4127, or by Internet E-mail at rbgordon@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:

04/14/2008

This rule may become effective on:

04/21/2008

Authorized by:

Ronald B Gordon, Director

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 for actual rent expenses for up to 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 2], 2008

Notice of Continuation: July 3, 2006

Authorizing, and Implemented or Interpreted Law: 63-25a-401 et seq.