Terms Used In Utah Code > Title 35A > Chapter 8 - Housing and Community Development Division

• Accessible housing: means housing which has been constructed or modified to be accessible, as described in the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 35A-8-101
• Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 75-11-102
• Account: means a contract of deposit of funds between a depositor and a financial institution and includes:

  (a)	a checking account;

  (b)	a savings account;

  (c)	a certificate of deposit;

  (d)	a share account; and

  (e)

  other like arrangement. See Utah Code 75-6-101 Acquittal: Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt. A verdict of "not guilty."   Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5 Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Affinity: means a relationship by marriage. See Utah Code 76-1-101.5 Affordable housing: means housing occupied or reserved for occupancy by households whose incomes are at or below certain income requirements at rental rates affordable to such households. See Utah Code 35A-8-501 Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 75-11-102 Agent: means any director, officer, employee, or other person authorized to act in behalf of a corporation or association. See Utah Code 76-2-201 Allegation: something that someone says happened. Allocated volume cap: means a volume cap for which: (a)  a certificate of allocation is in effect; or (b)  bonds have been issued. See Utah Code 35A-8-2102 Allotment accounts: means the various accounts created in Section 35A-8-2106. See Utah Code 35A-8-2102 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Amortization: Paying off a loan by regular installments. Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Appointee: means a person to which a powerholder makes an appointment of appointive property. See Utah Code 75-10-102 Appointive property: means the property or property interest subject to a power of appointment. See Utah Code 75-10-102 Appraisal: A determination of property value. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Area of operation: means : (a)  in the case of an authority of a city, the city, except that the area of operation of an authority of a city does not include an area that lies within the territorial boundaries of some other city; or (b)  in the case of an authority of a county, all of the county for which it is created except, that a county authority may not undertake a project within the boundaries of a city unless a resolution has been adopted by the governing body of the city, and by any authority which has been established and authorized to exercise its powers in the city, declaring that there is need for the county authority to exercise its powers within that city. See Utah Code 35A-8-401 Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court. Audit reports: means the reports of any independent audit of the district performed by: (a)  an independent auditor as required by Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act; (b)  the state auditor; or (c)  the legislative auditor. See Utah Code 17B-1-701 authority: means a public body corporate and politic created by this part. See Utah Code 35A-8-401 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Beneficiary: means a person named in a trust account as one for whom a party to the account is named as trustee. See Utah Code 75-6-101 Beneficiary: means a person who receives property under a transfer on death deed. See Utah Code 75-6-402 Beneficiary form: means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. See Utah Code 75-6-302 Bequest: Property gifted by will. Blanket-exercise clause: means a clause in an instrument that exercises a power of appointment and is not a specific-exercise clause. See Utah Code 75-10-102 Blighted area: means an area where dwellings predominate that, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary facilities or any combination of these factors, are detrimental to safety, health, and morals. See Utah Code 35A-8-401 Board: means the special district board of trustees. See Utah Code 17B-1-701 Board: means the Housing Board created by this part. See Utah Code 35A-8-501 Board: means the Uintah Basin Revitalization Fund Board. See Utah Code 35A-8-1601 Board: means the Navajo Revitalization Fund Board. See Utah Code 35A-8-1702 Board of review: means the Private Activity Bond Review Board created in Section 35A-8-2103. See Utah Code 35A-8-2102 Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5 Bond: means any obligation for which an allocation of volume cap is required by the code. See Utah Code 35A-8-2102 Bonds: means bonds, notes, interim certificates, debentures, or other obligations issued by an authority under this part. See Utah Code 35A-8-401 Bonus payments: means that portion of the bonus payments received by the United States government under the Leasing Act paid to the state under Section 35 of the Leasing Act, 30 U. See Utah Code 35A-8-302 Breach of trust: includes a violation by a trust director or trustee of a duty imposed on the director or trustee by the terms of the trust, this chapter, or the law of this state other than this chapter pertaining to trusts. See Utah Code 75-12-102 Budget: means a plan of financial operations for a fiscal year which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or it may refer collectively to the budgets for all such funds. See Utah Code 17B-1-601 Budget: means a plan of financial operations for a fiscal year that includes: (a)  estimates of proposed expenditures for given purposes and the proposed means of financing them; (b)  the source and amount of estimated revenue for the district for the fiscal year; (c)  fund balance in each fund at the beginning of the fiscal year and the projected fund balance for each fund at the end of the fiscal year; and (d)  capital projects or budgets for proposed construction or improvement to capital facilities within the district. See Utah Code 17B-1-701 Capital project: means an expenditure for land, improvements on the land, or equipment intended to have long-term beneficial use. See Utah Code 35A-8-1702 Capital projects: means expenditures for land, improvements on the land, and equipment intended to have long-term beneficial use. See Utah Code 35A-8-1601 Carries: means engages in the transmission of an electronic communication. See Utah Code 75-11-102 Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 75-11-102 Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 City: means a city or town in the state. See Utah Code 35A-8-401 Civil forfeiture: The loss of ownership of property used to conduct illegal activity. Clerk: means the city or county clerk, or the officer charged with the duties customarily imposed on the clerk. See Utah Code 35A-8-401 Code: means the Internal Revenue Code of 1986, as amended, and any related Internal Revenue Service regulations. See Utah Code 35A-8-2102 Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself. Commission: means the Commission on Housing Affordability created in Section 35A-8-2202. See Utah Code 35A-8-2201 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Community action agency: means a local subdivision of the state, a combination of political subdivisions, a separate public agency, or a private nonprofit agency, which: (a)  has the authority under its applicable charter or laws to receive funds to support community action activities and other appropriate measures designed to identify and deal with the causes of poverty in the state; and (b)  is designated as a community action agency by federal law, federal regulations, or the governor. See Utah Code 35A-8-1002 Community action statewide organization: means community action programs, organized on a statewide basis, to enhance the capability of community action agencies. See Utah Code 35A-8-1002 Community Services Block Grant: means the Federal Community Services Block Grant Act, 42 U. See Utah Code 35A-8-1002 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Conduct: means an act or omission. See Utah Code 76-1-101.5 Consanguinity: means a relationship by blood to the first or second degree, including an individual's parent, grandparent, sibling, child, aunt, uncle, niece, or nephew. See Utah Code 76-1-101.5 Conservator: includes a limited conservator. See Utah Code 75-11-102 Constituent entity: means any county, city, or town that levies property taxes within the boundaries of the district. See Utah Code 17B-1-701 Content of an electronic communication: means information concerning the substance or meaning of the communication that: (a)  has been sent or received by a user; (b)  is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and (c)  is not readily accessible to the public. See Utah Code 75-11-102 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. 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 all organizations required by the laws of this state or any other state to obtain a certificate of authority, a certificate of incorporation, or other form of registration to transact business as a corporation within this state or any other state and shall include domestic, foreign, profit and nonprofit corporations, but shall not include a corporation sole, as such term is used in Title 16, Chapter 7, Corporations Sole. See Utah Code 76-2-201 Counterclaim: A claim that a defendant makes against a plaintiff. County: means a county in the state. See Utah Code 35A-8-401 County: means : (a)  Duchesne County; or (b)  Uintah County. See Utah Code 35A-8-1601 County legislative body: means :Utah Code 68-3-12.5 Court: means the district court. See Utah Code 75-11-102 Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102 Customer agencies: means those governmental entities, except school districts, institutions of higher education, and federal government agencies that purchase or obtain services from the special district. See Utah Code 17B-1-701 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dangerous weapon: means :Utah Code 76-1-101.5 Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102 Dependent: A person dependent for support upon another. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Designated beneficiary: means a person designated to receive property in a transfer on death deed. See Utah Code 75-6-402 Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 75-11-102 Detained individual: means an individual detained under Section 77-7-15. See Utah Code 76-5-101 Devise: To gift property by will. Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 75-11-102 Directed trust: means a trust for which the terms of the trust grant a power of direction. See Utah Code 75-12-102 Directed trustee: means a trustee that is subject to a trust director's power of direction. See Utah Code 75-12-102 Director: means the director of the division. See Utah Code 35A-8-101 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Housing and Community Development Division. See Utah Code 35A-8-101 Division: means the Housing and Community Development Division. See Utah Code 35A-8-1601 Division: means the Housing and Community Development Division. See Utah Code 35A-8-1702 Donee: The recipient of a gift. Donor: The person who makes a gift. Donor: means a person that creates a power of appointment. See Utah Code 75-10-102 Elderly: means a person who meets the age, disability, or other conditions established by regulation of the authority. See Utah Code 35A-8-401 Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102 Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Utah Code 75-11-102 Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC Eligible entity: means : (a)  the Navajo Nation; (b)  a department or division of the Navajo Nation; (c)  a Utah Navajo Chapter; (d)  the Navajo Utah Commission; (e)  an agency of the state or a political subdivision of the state; or (f)  a nonprofit corporation. See Utah Code 35A-8-1702 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102 Executor: A male person named in a will to carry out the decedent Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102 Federal government: includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise, of the United States. See Utah Code 35A-8-401 Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 75-11-102 Fiduciary: A trustee, executor, or administrator. Financial institution: means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation: (a)  banks; (b)  trust companies; (c)  industrial banks; (d)  savings banks; (e)  building and loan associations; (f)  savings and loan companies or associations; and (g)  credit unions. See Utah Code 75-6-101 Financial officer: means the official under Section 17B-1-642. See Utah Code 17B-1-601 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances: You are late making a payment or commit some other default, triggering an increase to a penalty rate The bank changes the terms of your account and you do not reject the change. The rate expires (if the rate was fixed for only a certain period of time). Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Fraud: Intentional deception resulting in injury to another. Fund: means the Olene Walker Housing Loan Fund created by this part. See Utah Code 35A-8-501 Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor General power of appointment: means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. See Utah Code 75-10-102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Gift-in-default clause: means a clause identifying a taker in default of appointment. See Utah Code 75-10-102 Governing body: means , in the case of a city, the council or other body of the city in which is vested legislative authority customarily imposed on the city council, and in the case of a county, the board of county commissioners. See Utah Code 35A-8-401 Government entity: means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102 Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Grantor: The person who establishes a trust and places property into it. Grievous sexual offense: means :Utah Code 76-1-101.5 Guardian: includes a limited guardian. See Utah Code 75-11-102 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. Heirs: means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. See Utah Code 75-6-302 Housing affordability: means the ability of a household to occupy a housing unit paying no more than 30% of the household's income for gross housing costs, including utilities. See Utah Code 35A-8-2201 Housing project: includes : (i)  buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances; (ii)  streets, sewers, water service, utilities, parks, site preparation and landscaping; (iii)  facilities for administrative, community, health, recreational, welfare, or other purposes; (iv)  the planning of the buildings and other improvements; (v)  the acquisition of property or any interest in the property; (vi)  the demolition of existing structures; (vii)  the construction, reconstruction, rehabilitation, alteration, or repair of the improvements and all other work in connection with them; and (viii)  all other real and personal property and all tangible or intangible assets held or used in connection with the housing project. See Utah Code 35A-8-401 Housing sponsor: means 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, affordable housing. See Utah Code 35A-8-501 Impact board: means the Permanent Community Impact Fund Board created under Section 35A-8-304. See Utah Code 35A-8-302 Impact fund: means the Permanent Community Impact Fund established by this chapter. See Utah Code 35A-8-302 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Impermissible appointee: means a person that is not a permissible appointee. See Utah Code 75-10-102 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Individual: means a natural person. See Utah Code 75-6-402 Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 75-11-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Instrument: means a record. See Utah Code 75-10-102 Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5 Inter vivos: Transfer of property from one living person to another living person. 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 Interlocal agency: means a legal or administrative entity created by a subdivision or combination of subdivisions under the authority of Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 35A-8-302 Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5 Intestate: Dying without leaving a will. Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. Issuing authority: means : (a)  any county, city, or town in the state; (b)  any not-for-profit corporation or joint agency, or other entity acting on behalf of one or more counties, cities, towns, or any combination of these; (c)  the state; or (d)  any other entity authorized to issue bonds under state law. See Utah Code 35A-8-2102 Joint account: means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship. See Utah Code 75-6-101 Joint owner: includes a joint tenant, owner of community property with a right of survivorship, and tenant by the entirety. See Utah Code 75-6-402 Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Juror: A person who is on the jury. Land: includes :Utah Code 68-3-12.5 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 Leasing Act: means the Mineral Lands Leasing Act of 1920, 30 U. See Utah Code 35A-8-302 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Major disaster: means a flood, drought, fire, hurricane, earthquake, storm, or other catastrophe, which in the determination of the governing body is of sufficient severity and magnitude to warrant the use of available resources of the federal, state, and local governments to alleviate the damage, hardship, or suffering caused. See Utah Code 35A-8-401 Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship. Mayor: means the mayor of the city or the officer charged with the duties customarily imposed on the mayor or executive head of a city. See Utah Code 35A-8-401 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 35A-8-101 Moderate income housing unit: means a housing unit where a household whose income is no more than 80% of the area median income is able to occupy the housing unit paying no more than 30% of the household's income for gross housing costs, including utilities. See Utah Code 35A-8-2201 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC Multiple-party account: means any of the following types of account: (i)  a joint account; (ii)  a P. See Utah Code 75-6-101 Natural person: means a human being. See Utah Code 75-6-402 Navajo Utah Commission: means the commission created by Resolution IGRJN-134-92 of the Intergovernmental Relations Committee of the Navajo Nation Council. See Utah Code 35A-8-1702 Net contribution: includes , in addition, any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question. See Utah Code 75-6-101 Nongeneral power of appointment: means a power of appointment that is not a general power of appointment. See Utah Code 75-10-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. obligee: includes a bondholder, agent or trustee for a bondholder, a lessor demising to the authority used in connection with a project, an assignee or assignees of the lessor's interest in whole or in part, and the federal government when it is a party to a contract with the authority. See Utah Code 35A-8-401 Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5 Office: means the State Community Services Office created in Section 35A-8-1003. See Utah Code 35A-8-1002 Omission: means a failure to act when there is a legal duty to act and the actor is capable of acting. See Utah Code 76-1-101.5 Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms of service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Utah Code 75-11-102 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. Party: includes a person identified as a trustee of an account for another whether or not a beneficiary is named. See Utah Code 75-6-101 Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Utah Code 75-10-102 Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5 Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-11-102 Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-12-102 Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-10-102 Person: means :Utah Code 68-3-12.5 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102 Person: means an individual, a corporation, an organization, or other legal entity. See Utah Code 75-6-302 Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 75-6-402 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 75-11-102 Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Utah Code 75-6-302 Planning: includes : (i)  the preparation of maps and guidelines; (ii)  land use planning; (iii)  a study or analysis of: (A)  the social or economic impacts associated with natural resource development; (B)  the demand for the transportation of individuals or goods; (C)  state, regional, and local development and growth; (D)  population and employment; (E)  development related to natural resources; and (F)  as related to any other activity described in this Subsection (7), engineering, financial analysis, legal analysis, or any other analysis helpful to the state, subdivision, or interlocal agency; and (iv)  any activity described in this Subsection (7) regardless of whether the activity is for a public facility or a public service. See Utah Code 35A-8-302 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source: Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5 Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an interest in, or another power of appointment over, the appointive property. See Utah Code 75-10-102 Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Utah Code 75-11-102 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Power of direction: includes a power over the investment, management, or distribution of trust property or other matters of trust administration. See Utah Code 75-12-102 Powerholder: means a person in whom a donor creates a power of appointment. See Utah Code 75-10-102 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Presently exercisable power of appointment: means a power of appointment exercisable by the powerholder at a relevant time. See Utah Code 75-10-102 Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75-11-102 Prisoner: means an individual who is in custody of a peace officer pursuant to a lawful arrest or who is confined in a jail or other penal institution or a facility used for confinement of delinquent juveniles operated by the Division of Juvenile Justice Services regardless of whether the confinement is legal. See Utah Code 76-5-101 Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 project: means a work or undertaking, on contiguous or noncontiguous sites to: (i)  demolish, clear, or remove buildings from a blighted area; (ii)  provide or assist in providing decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of medium and low income by any suitable methods, including rental, sale of individual units in single or multifamily structures under conventional condominium, cooperative sales contract, lease-purchase agreement, loans, or subsidizing of rentals or charges; or (iii)  accomplish a combination of Subsections (11)(a)(i) and (ii). See Utah Code 35A-8-401 Proof of death: includes a death certificate or record or report which is prima facie proof of death under Section 75-1-107. See Utah Code 75-6-101 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-6-302 Property: means an interest in real property located in this state that is transferable on the death of the owner. See Utah Code 75-6-402 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 75-11-102 Public assistance: means : (a)  services or benefits provided under Chapter 3, Employment Support Act; (b)  medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance; (c)  foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act; (d)  SNAP benefits; and (e)  any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102 Public body: means a city, county or municipal corporation, commission, district, authority, agency, subdivision, or other body of the foregoing. See Utah Code 35A-8-401 Public entity: means :Utah Code 76-1-101.5 Public facility: means a facility: (a)  in whole or in part, owned, controlled, or operated by the state, a subdivision, or an interlocal agency; and (b)  that serves a public purpose. See Utah Code 35A-8-302 Public officer: means :Utah Code 76-1-101.5 Public servant: means :Utah Code 76-1-101.5 Public service: includes : (i)  a service described in Subsection (9)(a) regardless of whether the service is provided in connection with a public facility; (ii)  the cost of providing a service described in Subsection (9)(a), including administrative costs, wages, and legal fees; and (iii)  a contract with a public postsecondary institution to fund research, education, or a public service program. See Utah Code 35A-8-302 Public transit district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an entity that was created and operated as a public transit district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Quorum: The number of legislators that must be present to do business. 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. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-11-102 Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-10-102 Registering entity: means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. See Utah Code 75-6-302 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remand: When an appellate court sends a case back to a lower court for further proceedings. Remote computing service: means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U. See Utah Code 75-11-102 Request: means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal. See Utah Code 75-6-101 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Revitalization Fund: means the Uintah Basin Revitalization Fund. See Utah Code 35A-8-1601 Revitalization fund: means the Navajo Revitalization Fund. See Utah Code 35A-8-1702 Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust). Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners. Rural: means a county in the state other than Utah, Salt Lake, Davis, or Weber. See Utah Code 35A-8-501 Security: means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account. See Utah Code 75-6-302 Security account: means : (a)  a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; or (b)  a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. See Utah Code 75-6-302 Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Settlor: means the same as that term is defined in Section 75-7-103. See Utah Code 75-12-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it. Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102 Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in: (a)  this chapter; or (b)  (i)  this chapter; and (ii)  (A)  1; (B)  2; (C)  3; (D)  4; (E)  5; (F)  6; (G)  7; (H)  8; (I)  9; (J)  10; or (K)  11. See Utah Code 17B-1-102 Specific-exercise clause: means a clause in an instrument that specifically refers to and exercises a particular power of appointment. See Utah Code 75-10-102 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 75-12-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Utah Code 75-6-302 State: means the state of Utah and any of its agencies, institutions, and divisions authorized to issue bonds or certificates under state law. See Utah Code 35A-8-2102 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subdivision: means a county, city, town, county service area, special service district, special improvement district, water conservancy district, water improvement district, sewer improvement district, housing authority, building authority, school district, or public postsecondary institution organized under the laws of this state. See Utah Code 35A-8-302 Substantial bodily injury: means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. See Utah Code 76-1-101.5 Summons: Another word for subpoena used by the criminal justice system. Sums on deposit: means the balance payable on a multiple-party account, including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party. See Utah Code 75-6-101 Taker in default of appointment: means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment. See Utah Code 75-10-102 Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property. Terms of a trust: means : (a)  subject to Subsection (8)(b), the manifestation of the settlor's intent regarding a trust's provisions as: (i)  expressed in the trust instrument; or (ii)  established by other evidence that would be admissible in a judicial proceeding; or (b)  the trust's provisions as established, determined, or amended by: (i)  a trustee or trust director in accordance with applicable law; (ii)  a court order; or (iii)  a nonjudicial settlement agreement under Section 75-7-110. See Utah Code 75-12-102 Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Utah Code 75-11-102 Terms of the instrument: means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding. See Utah Code 75-10-102 Testate: To die leaving a will. Testator: A male person who leaves a will at death. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Throughput infrastructure project: includes : (i)  an ownership interest or a joint or undivided ownership interest in a facility; (ii)  a membership interest in the owner of a facility; or (iii)  a contractual right, whether secured or unsecured, to use all or a portion of the throughput, transportation, or transmission capacity of a facility. See Utah Code 35A-8-302 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transfer on death deed: means a deed authorized under this part. See Utah Code 75-6-402 Transferor: means an individual, in their individual capacity, who makes a transfer on death deed. See Utah Code 75-6-402 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Tribe: means the Ute Indian Tribe of the Uintah and Ouray Reservation. See Utah Code 35A-8-1601 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trust account: means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; and it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Utah Code 75-6-101 Trust director: means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee, regardless of whether: (a)  the terms of the trust refer to the person as a trust director; or (b)  the person is a beneficiary or settlor of the trust. See Utah Code 75-12-102 Trustee: includes a successor trustee. See Utah Code 75-11-102 Trustee: includes an original, additional, and successor trustee, and a cotrustee. See Utah Code 75-12-102 Trustee: A person or institution holding and administering property in trust. Trustor: The person who makes or creates a trust. Also known as the grantor or settlor. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 User: means a person that has an account with a custodian. See Utah Code 75-11-102 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Utah Navajo Chapter: means any of the following chapters of the Navajo Nation: (a)  Aneth Chapter; (b)  Dennehotso Chapter; (c)  Mexican Water Chapter; (d)  Navajo Mountain Chapter; (e)  Oljato Chapter; (f)  Red Mesa Chapter; and (g)  Teec Nos Pos Chapter. See Utah Code 35A-8-1702 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth." Volume cap: means the private activity bond volume cap for the state as computed under Section 146 of the code. See Utah Code 35A-8-2102 Withdrawal: includes payment to a third person pursuant to check or other directive of a party. See Utah Code 75-6-101 Writing: includes :Utah Code 68-3-12.5 written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5 Year: means each calendar year. See Utah Code 35A-8-2102