Update on Meth Rules

What is going on?

In Utah, there are two kinds of tests for methamphetamine contamination, as defined by the EPA.
In discrete sampling, also known as “individual” sampling, single samples are taken at spatially discrete locations. This sampling technique should be used in areas that are “hot spots” highly suggestive of contamination. R392-600-5 says areas highly suggestive of contamination must be tested by this method.

 

In composite sampling, multiple discrete samples are combined and treated as a single sample for analytical purposes. The State and County Health departments allow this sampling technique because they say it is less costly for consumers.

 

When composite testing, it is usually required to divide your results by the number of sample areas – thus creating a fair reading on the property… however, some institutions don’t average the samples, and instead compile them to create a positive reading.

 

So what’s the big deal?

The State Health Departments is exceeding its authority by allowing testers to use the “compiling” instead of “averaging” method. This results in more properties failing and more work for decontamination specialists.

 

Despite bringing to their attention multiple properties that failed under compiled composite testing that would not have failed if averaging (the scientific standard) was used, the County and State health Departments still refuse to back down. We have made several attempts to get them to operate within their authority and have failed.

 

Where do you go from here?

Regardless of why compiled composite sampling exist the point is the same, it exceeds the Health Department’s authority. As a result, the Utah Apartment Association has asked the Administrative Rules Oversight Committee to intervene. The Committee has agreed to hold a hearing with all the parties involved and to make corrections to the current practices and policies if it is deemed necessary.

 

Major Issues in 2016:

Good Landlord Legislations (H.B. 30)

Last Action Taken: Passed through the House of Representatives unanimously, passed through the senate standing committee, and has been placed on the senate 2nd reading calendar.
Current Location:Senate 2nd reading calendar

 

Representative Gage Froerer is spearheading legislation that was delayed last year to adjust good landlord / disproportionate business licensing programs at the city level. Many groups have been involved in the process, including cites, tenants groups, and the real estate industry. The legislation does the following –
Prohibits cities from requiring landlord to turnover copies of credit reports or leases
Prohibits cities from requiring any documents to be notarized
Requires cites to send correspondence to property managers (in addition to the owners)
Allows disproportionate fees to be passed on to the tenant

 

Rental Fees Discloser (Bill Not Numbered)

Last Action Taken: N/A
Current Location: N/A

 

This bill restricts the ability a landlord has to charge an application fee, based on whether or not you provide a prospective tenant with your “rental criteria”

 

Unlawful Detainer Legislations (H.B. 196)

Last Action Taken: Bill was introduced and sent to House Standing Committee
Current Location: House Standing Committee

 

We are attempting to close a couple of loopholes in the unlawful detainer statute by changing definitions. This bill, once passed, will make it easier to deal with squatters in your rentals.

 

Section 8 Legislations (Bill not yet Numbered)

Last Action Taken: N/A
Current Location: Being Drafted

 

In light of recent victories in Texas and Indiana rolling back source of income protections, we plan to do the same thing here by adding language to our state fair housing act.

 

The proposed language will be added to Utah Code 57-21-3 and will read
(10) This chapter does not require that any person be required to participate in any governmental program nor require that any person is required to modify or change its contracts or sign any other contract. It shall not be deemed a discriminatory housing practice under source of income to refuse to participated in any federal or state program.

 

This language will still keep source of income as a protected class, however it will make section 8 housing a competitive and voluntary program.

 

Foreclosure of residential rental property (S.B. 22)

 

Last Action Taken: passed second reading in the house of representatives, sent to house third reading calendar.
Current Location: House 3rd reading Calendar

 

Under certain circumstances, allows a preexisting tenant to continue to occupy, for a limited amount of time, a residential rental property after a forced sale at public auction

 

HOA Amendments (H.B.273)

Last Action Taken: House Received Fiscal note from fiscal analyst, sent to house rules committee
Current Location: House Rules Committee

 

allows an association of unit owners to enact a rule, for a unit that a unit owner leases for a term of less than three months, that limits the number of individuals that may use the common areas and facilities as the rental unit tenant’s guest or as the unit owner’s guest.

 

Homeless Mitigation Fund Amendments (Bill Not Numbered)

Last Action Taken: N/A
Current Location: N/A

 

This Bill provides funding to aid homeless individuals.

 

Meth Rules Legislations (N/A – Committee action)

Last Action Taken: N/A
Current Location: N/A

 

The state and local health departments over the past few years have, in our opinion, tilted contamination laws in favor of the cleanup industry, and are doing things to create and ensure business for meth decontamination specialist at the expense of the real estate industry. We plan on dealing with this by having the administrative rules committee call out the health departments for exceeding their authority. (See beginning of Legislative Update)