Under Proposed Law Cops Could Evict Squatters

Squatters will find the long arm of the law evicting them under a bill the Utah State Legislature is reviewing if it becomes law. 

Also, state leaders want to see more than 30,000 homes built in Utah over the next few years. That would help the growing housing shortage. Those homes will likely have smaller lots than homes built in the past as yards continue to shrink.

Now in session, Senate Bill 55, Unauthorized Use of Real Property Amendments by Sen. Heidi Balderree (R), would allow property owners to ask law enforcement to remove squatters. The bill also makes the fraudulent sale or rental of a home a second degree felony. Utah Realtors are supporting the bill.

The measure is one of seven housing bills discussed during the recent Realtor Day at the Legislature. The annual event extends invitations to agents around the state to meet with legislators at the Capitol.

Utah Realtors support six of the bills. They oppose House Bill 151, Home Sales Amendments by Rep. Gay Lynn Bennion (D). If passed and signed into law the bill would put restrictions on the sale of a house It would allow only buyers who will live in the home to buy the first 30 days the house is on the market, according to Utah County Commissioner and a Realtor Skyler Beltran.

That apparently would give those buyers a leg up against investors,

“They’ve held it in rules committee for weeks,” he said, adding it “isn’t going to go anywhere.”

The bill would create a restrain on sellers. That would interfere with a fundamental property right of the seller, noted Peter Christensen of the Utah Central Association of Realtors.

The bill would also prohibit the bulk sale of foreclosed single-family homes. So, a seller would be unable to package two or more properties together for a sale, Christensen said, another restraint on the seller.

Realtors are encouraging good governance with the first two bills with following statement: “It is integral to the housing market that government systems — and the programs they create — are productive and meet Utahn’s needs.

Here’a a breakdown of the remaining bills:

House Bill 37, Utah Housing Amendments by Rep. Jim Dunnigan (R) calls for three changes

1. Authorizes cities and counties to implement a density overlay.
2. Directs the commission onAffordable Hosing to make regional strategic plans and
3. Gathers more data on moderate income housing plans across Utah to better inform future legislation. Utah Realtors support that bill.

House Bill 256, Municipal Zoning Amendments by Rep. Neil Walter (R). This bill seeks a balance protecting private property rights while giving cities the authority to enforce short-term rental regulation. Utah Realtors also support that bill.

House Bill 419, Real Estate Revisions, is also by Walter. This bill seeks four changes in Utah real estate law.

1. It directs the Division of Real Estate to investigate more serious complaints against real estate agents first. The division is currently handling more than 300 grievances against agents.
2. Clarifies time periods to retain records and the division’s ability to request documents.
3. Addresses the sale of mobile homes. The state doesn’t provide a purchase contract for real estate agents for mobile homes because they are not real property.
4. Clarifies advertising disclosures for agents. Utah Realtors also support that bill.

The next two bills, which agents also support, have to do with tackling the housing shortage  in Utah. They say that redundant regulations hurt the housing gap. Those two bills are:

House Bill 368, Local Land Use Amendments by Rep. Stephen Whyte (R) addresses “plan reviews, public hearing requirements, transferable development rights, and identical plan reviews.” The goal is to make government more efficient. This is a Land Use Task Force Consensus bill.

Senate Bill 181, Housing Affordability Amendments by Sen. Lincoln Fillmore (R). This bill directs municipalities to address a number of elements in approving construction to increase affordable housing development efficiency.