“Bonds,” “notes,” and “other obligations” mean bonds, notes, debentures, interim certificates, or other evidences of financial indebtedness of the corporation authorized to be issued under the provisions of this chapter.
Terms Used In Utah Code 63H-8-103
Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Corporation: means the Utah Housing Corporation created by Section 63H-8-201, which, prior to July 1, 2001, was named the Utah Housing Finance Agency. See Utah Code 63H-8-103
Deed: The legal instrument used to transfer title in real property from one person to another.
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Financial assistance: includes :
(a)
a loan, whether interest or noninterest bearing, secured or unsecured;
(b)
a loan that converts to a grant upon the occurrence of specified conditions;
(c)
a development loan;
(d)
a grant;
(e)
an award;
(f)
a subsidy;
(g)
a guarantee;
(h)
a warranty;
(i)
a lease;
(j)
a payment on behalf of a borrower of an amount usually paid by a borrower, including a down payment;
(k)
any other form of financial assistance that helps provide affordable housing for low and moderate income persons; or
Housing development: means a residential housing project, which includes residential housing for low and moderate income persons. See Utah Code 63H-8-103
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Lien: A claim against real or personal property in satisfaction of a debt.
Local public body: means the state, a municipality, county, district, or other subdivision or instrumentality of the state, including a redevelopment agency and a housing authority created under 4. See Utah Code 63H-8-103
Low and moderate income persons: means individuals, irrespective of race, religion, creed, national origin, or sex, as determined by the corporation to require such assistance as is made available by this chapter on account of insufficient personal or family income taking into consideration factors, including:
(a)
the amount of income that persons and families have available for housing needs;
(b)
the size of family;
(c)
whether a person is a single head of household;
(d)
the cost and condition of available residential housing; and
(e)
the ability of persons and families to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing. See Utah Code 63H-8-103
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage: means a mortgage, deed of trust, or other instrument securing a mortgage loan and constituting a lien on real property (the property being held in fee simple or on a leasehold under a lease having a remaining term, at the time the mortgage is acquired, of not less than the term for repayment of the mortgage loan secured by the mortgage) improved or to be improved by residential housing, creating a lien that may be first priority or subordinate. See Utah Code 63H-8-103
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
Mortgage loan: means a loan secured by a mortgage, which loan may bear interest at either a fixed or variable rate or which may be noninterest bearing, the proceeds of which are used for the purpose of financing the construction, development, rehabilitation, purchase, or refinancing of residential housing for low and moderate income persons. See Utah Code 63H-8-103
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Rehabilitation: includes the reconstruction, rehabilitation, improvement, and repair of residential housing. See Utah Code 63H-8-103
Residential housing: means a specific work or improvement within the state undertaken primarily to provide dwelling accommodations, including land, buildings, and improvements to land and buildings, whether in one to four family units or multifamily units, and other incidental or appurtenant nonhousing facilities, or as otherwise specified by the corporation. See Utah Code 63H-8-103
Trustee: A person or institution holding and administering property in trust.
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
(2)
“Construction loan” means a short-term advance of money for the purpose of constructing residential housing for low and moderate income persons.
(3)
“Corporation” means the Utah Housing Corporation created by Section 63H-8-201, which, prior to July 1, 2001, was named the Utah Housing Finance Agency.
(4)
“Employee of the corporation” means an individual who is employed by the corporation but who is not a trustee of the corporation.
(5)
“Financial assistance” includes:
(a)
a loan, whether interest or noninterest bearing, secured or unsecured;
(b)
a loan that converts to a grant upon the occurrence of specified conditions;
(c)
a development loan;
(d)
a grant;
(e)
an award;
(f)
a subsidy;
(g)
a guarantee;
(h)
a warranty;
(i)
a lease;
(j)
a payment on behalf of a borrower of an amount usually paid by a borrower, including a down payment;
(k)
any other form of financial assistance that helps provide affordable housing for low and moderate income persons; or
(l)
any combination of Subsections (5)(a) through (k).
(6)
“Housing development” means a residential housing project, which includes residential housing for low and moderate income persons.
(7)
“Housing sponsor” includes a person who constructs, develops, rehabilitates, purchases, or owns a housing development that is or will be subject to legally enforceable restrictive covenants that require the housing development to provide, at least in part, residential housing to low and moderate income persons, including a local public body, a nonprofit, limited profit, or for profit corporation, a limited partnership, a limited liability company, a joint venture, a subsidiary of the corporation, or any subsidiary of the subsidiary, a cooperative, a mutual housing organization, or other type of entity or arrangement that helps provide affordable housing for low and moderate income persons.
(8)
“Interest rate contract” means an interest rate exchange contract, an interest rate floor contract, an interest rate ceiling contract, or another similar contract authorized in a resolution or policy adopted or approved by the trustees.
(9)
“Local public body” means the state, a municipality, county, district, or other subdivision or instrumentality of the state, including a redevelopment agency and a housing authority created under 4.
(10)
“Low and moderate income persons” means individuals, irrespective of race, religion, creed, national origin, or sex, as determined by the corporation to require such assistance as is made available by this chapter on account of insufficient personal or family income taking into consideration factors, including:
(a)
the amount of income that persons and families have available for housing needs;
(b)
the size of family;
(c)
whether a person is a single head of household;
(d)
the cost and condition of available residential housing; and
(e)
the ability of persons and families to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing.
(11)
“Mortgage” means a mortgage, deed of trust, or other instrument securing a mortgage loan and constituting a lien on real property (the property being held in fee simple or on a leasehold under a lease having a remaining term, at the time the mortgage is acquired, of not less than the term for repayment of the mortgage loan secured by the mortgage) improved or to be improved by residential housing, creating a lien that may be first priority or subordinate.
(12)
“Mortgage lender” means a bank, trust company, savings and loan association, credit union, mortgage banker, or other financial institution authorized to transact business in the state, a local public body, or other entity, profit or nonprofit, that makes mortgage loans.
(13)
“Mortgage loan” means a loan secured by a mortgage, which loan may bear interest at either a fixed or variable rate or which may be noninterest bearing, the proceeds of which are used for the purpose of financing the construction, development, rehabilitation, purchase, or refinancing of residential housing for low and moderate income persons.
(14)
“Rehabilitation” includes the reconstruction, rehabilitation, improvement, and repair of residential housing.
(15)
“Residential housing” means a specific work or improvement within the state undertaken primarily to provide dwelling accommodations, including land, buildings, and improvements to land and buildings, whether in one to four family units or multifamily units, and other incidental or appurtenant nonhousing facilities, or as otherwise specified by the corporation.
(16)
“State” means the state of Utah.
(17)
“State housing credit ceiling” means the amount specified in Subsection 42(h)(3)(C) of the Internal Revenue Code for each calendar year.
Renumbered and Amended by Chapter 226, 2015 General Session
