(1)  Subject to the requirements of this section, a governmental entity may grant real property owned by the governmental entity to an entity for the development of moderate income housing on the real property.

Terms Used In Utah Code 63L-12-102

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Governmental entity: means :
(a) an agency, as that term is defined in Section 63G-10-102;
(b) the School and Institutional Trust Lands Administration created in Section 53C-1-201;
(c) the School and Institutional Trust Lands Board of Trustees created in Section 53C-1-202; or
(d) a political subdivision, as that term is defined in Section 63L-11-102. See Utah Code 63L-12-101
  • Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 63L-12-101
  • Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 63L-12-101
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
    • (2)  A governmental entity shall ensure that real property granted under Subsection (1) is deed restricted for moderate income housing for at least 30 years after the day on which each moderate income housing unit is completed and occupied.

    (3)  If applicable, a governmental entity granting real property under this section shall comply with:

    (a)  the provisions of 5;

    (b)  Subsection 10-8-2(4), if a municipality is granting real property under this section;

    (c)  Subsection 17-50-312(5), if a county is granting real property under this section; and

    (d)  except as provided in Subsection (4), any other applicable provisions of law that govern the granting of real property by the governmental entity.

    (4)  A municipality granting real property under this section is not subject to the provisions of Subsection 10-8-2(3).

    Renumbered and Amended by Chapter 406, 2022 General Session

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