Section R990-300-6 - Review Process for the Moderate Income Housing Report(1) The division will review each moderate income housing report for completeness and compliance with Sections 10-9a-403, 10-9a-408, 17-27a-403, and 17-27a-408.(2) A moderate income housing report is complete if it contains all required information and the minimum number of moderate income housing strategies in Sections 10-9a-403, 10-9a-408, 17-27a-403, and 17-27a-408.(3) A moderate income housing report is compliant if it is submitted timely and meets the requirements for the report. (a) The division will review an initial report to confirm the: (i) proposed strategy restates the exact language used to describe the strategy in the Utah Code;(ii) report includes the required number of strategies;(iii) report includes the required types of strategies;(iv) proposed timelines for implementation are specific and cover the five-year planning period; and(v) proposed benchmarks are specific and measurable.(b) The division will review a subsequent report to confirm the:(i) strategies reported reflect the strategies selected in the reporting entity's implementation plan;(ii) report includes the required number of strategies;(iii) reporting entity met the timelines in the reporting entity's implementation plan; and(iv) reporting entity made progress toward meeting the identified benchmarks.(4) A reporting entity's failure to include the minimum statutory and administrative rule elements in a report will result in a determination of noncompliance.(5) A reporting entity must substantially meet a timeline in its moderate income housing report to demonstrate compliance with the reporting entity's implementation plan.(6) A reporting entity may use state, local, or other reliable data to describe the changes the entity experienced in implementing each strategy to identify in a subsequent progress report how the market has responded to a reporting entity's selected strategies.(7) A reporting entity may submit more than the minimum required information in its moderate income housing report, but the report must include at least the minimum elements to be compliant. (a) Additional planning requirements are detailed in Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, Title 17, Chapter 27a, County Land Use, Development, and Management Act, or other sections of Utah Code.(b) Although certain planning requirements are not included as part of the plan for moderate income housing or are not subject to review by the division, a reporting entity may be required to demonstrate compliance with other requirements in its moderate income housing report, including station area plan requirements under Section 10-9a-403.1 or housing and transit reinvestment zone requirements under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.(8)(a) A reporting entity may amend its implementation plan at any time.(b) A reporting entity may consult with the division before amending its implementation plan.(c) The reporting entity shall detail in its subsequent progress report the amended implementation plan and the reporting entity's progress on the original and the amended implementation plans.Utah Admin. Code R990-300-6
Adopted by Utah State Bulletin Number 2019-18, effective 8/21/2019Repealed by Utah State Bulletin Number 2022-20, effective 10/11/2022Adopted by Utah State Bulletin Number 2023-17, effective 8/24/2023Amended by Utah State Bulletin Number 2024-15, effective 8/1/2024