File No. 36782
This rule was published in the October 15, 2012, issue (Vol. 2012, No. 20) of the Utah State Bulletin.
Housing Corporation (Utah), Administration
Definitions of Terms Used Throughout R460
Notice of Proposed Rule
DAR File No.: 36782
Filed: 09/17/2012 11:51:05 AM
Purpose of the rule or reason for the change:
The purpose for the amendment is to eliminate obsolete references or definitions and to provide additional clarity to the definitions listed in this rule. Furthermore, one definition is expanded to reflect changes enacted by the Americans with Disabilities Act of 1990, 42 USC 12102, as amended.
Summary of the rule or change:
Section R460-2-2 changes include: 1) update reference to the Utah Code to coincide with changes made in the 2012 General Session; 2) add language to the definition of "major life activities" as required by the Americans with Disabilities Act of 1990, 42 USC 12102, as amended; 3) clarify appropriate contacts and eliminate obsolete definitions; and 4) add clarifying language to certain definitions to reflect all parties who may be affected by Utah Housing Corporation's (UHC) rules.
State statutory or constitutional authorization for this rule:
- Section 35A-8-711
Anticipated cost or savings to:
the state budget:
There is no anticipated cost or savings to the state budget because Subsection 35A-8-702(3)(b) states the UHC is a "financially independent body" and therefore, receives no state appropriation. Furthermore, the changes made to this rule are merely clarifying in nature and do not entail any additional requirements.
There is no anticipated cost or savings to any local government because changes made to this rule are simply clarifying in nature.
There is no cost or savings to any small businesses because the changes made to this rule are merely clarifying in nature.
persons other than small businesses, businesses, or local governmental entities:
There is no cost or savings to other persons because the changes made to this rule are merely clarifying in nature.
Compliance costs for affected persons:
There are no anticipated additional compliance costs (in addition to existing compliance costs) for persons affected by this rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
There is no demonstrable savings or expenditures on business from this rule. However, the greater clarity which has been added will enable UHC and its stakeholders to more easily articulate the defined terms as laid out in this rule.
Grant S. Whitaker, President and CEO
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Housing Corporation (Utah)
2479 LAKE PARK BLVD
WEST VALLEY CITY, UT 84120
Direct questions regarding this rule to:
- Jonathan Hanks at the above address, by phone at 801-902-8221, by FAX at 801-902-8321, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Grant Whitaker, President and CEO
R460. Housing Corporation, Administration.
R460-2. Definitions of Terms Used Throughout R460.
R460-2-1. Terms Which are Defined in Section [
(3) Financial assistance;
(4) Housing sponsor;
(5) Low and moderate income persons;
(6) Mortgage lender;
(7) Mortgage loan;
(10) Residential housing;
R460-2-2. Additional Defined Terms.
(1) "Act" means the Utah Housing
Corporation Act, set forth in Section [
9-4-901][ through 9-4-926].
(2) "ADA coordinator" means
coordinator] or his designee who has responsibility for
investigating and providing prompt and equitable resolution of
complaints filed by qualified individuals with disabilities.
(3) "ADA state coordinating committee" means the
committee with that title appointed by the Utah
4]) "Code" means the Internal Revenue Code of 1986,
as amended, and the regulations of the United States Treasury
Department promulgated thereunder.
5]) "Complainant" means a person who has a
disability and who alleges in a complaint filed with UHC according
to this rule, that an act of discrimination occurred by UHC, and
satisfies one or more of the following:
(a) who meets the essential eligibility requirement for the receipt of services or the participation in programs or activities provided by UHC;
(b) who would otherwise be an eligible applicant for vacant UHC employment positions;
(c) who is an employee of UHC.
6]) "Disability" means with respect to an
individual with a disability, a physical or mental impairment that
substantially limits one or more of the major life activities of
such an individual; a record of such an impairment; or being
regarded as having such an impairment.
7]) "Federal" means of, pertaining to, or
designating the government of the United States of America.
8]) "Major life activities" means functions such as
caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning,
9]) "Multifamily" means
consisting of five or more rental dwelling units
located on a single
tract of land.
10]) "Participant" means a person, natural or
otherwise, who is involved in or has a critical influence on or
substantive control over a transaction which involves a UHC
any of the following:
(a) appraisers and inspectors;
(b) real estate agents and brokers;
(c) management and marketing agents;
(e) title insurance companies;
(f) escrow and closing agents;
g]) project owners;
builders and contractors involved in the
construction or rehabilitation of properties financed by UHC, or
receiving UHC funds,
i]) individuals who are applicants for or borrowers under UHC
mortgage loans, or members of their families;
j]) employees or agents of any of the above.
(11) "Servicer" means a mortgage lender who
collects and accounts for monthly mortgage loan payments from
borrowers and performs other related services on behalf of
2]) "Single-Family" means residential
housing consisting of one dwelling unit occupied by the fee simple
owner of the dwelling unit.
3]) "UHC" means Utah Housing Corporation.
KEY: housing finance
Date of Enactment or Last Substantive Amendment: [
Notice of Continuation: October 15, 2007
Authorizing, and Implemented or Interpreted Law: [
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For questions regarding the content or application of this rule, please contact Jonathan Hanks at the above address, by phone at 801-902-8221, by FAX at 801-902-8321, or by Internet E-mail at email@example.com.