Terms Used In Utah Code > Title 35A > Chapter 8 > Part 4 - Housing Authorities

• 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 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 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. 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. 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. 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 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. authority: means a public body corporate and politic created by this part. See Utah Code 35A-8-401 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. 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 Bonds: means bonds, notes, interim certificates, debentures, or other obligations issued by an authority under this part. See Utah Code 35A-8-401 City: means a city or town in the state. See Utah Code 35A-8-401 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 Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself. 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. Continuance: Putting off of a hearing ot trial until a later time. 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. Counterclaim: A claim that a defendant makes against a plaintiff. County: means a county in the state. See Utah Code 35A-8-401 Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. 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 Devise: To gift property by will. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Elderly: means a person who meets the age, disability, or other conditions established by regulation of the authority. See Utah Code 35A-8-401 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 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: 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 Fraud: Intentional deception resulting in injury to another. 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. 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 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 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 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 Individual: means a natural person. See Utah Code 75-6-402 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 Intestate: Dying without leaving a will. Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. 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. 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 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 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 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. 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 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 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 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 Person: means :Utah Code 68-3-12.5 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: 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 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 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will 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 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 Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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 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. 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. 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 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. 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. 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 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. 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 Testator: A male person who leaves a will at death. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 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 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 Venue: The geographical location in which a case is tried. 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