Utah Administrative Code Topic - Housing Corporation (Utah)
Utah Housing Corporation (UHC): Overview
The Utah Housing Corporation (UHC) is not a state agency but a public corporation created by the Utah Legislature in 1975 (see: Utah Code § 63H-8-101 et seq.). It functions independently but with a public mission: to provide affordable housing opportunities for low- and moderate-income Utah residents.
Although the UHC is governed by statutory law under the Utah Code, it also operates under rules and procedures adopted and published in the Utah Administrative Code, typically in the Housing section, such as:
R460 – Utah Housing Corporation rules
Key Administrative Code Provisions
Although the UHC has its own board and bylaws, certain administrative rules (codified under Title R460) govern its operations. These include regulations related to:
1. Allocation of Federal and State Resources
The UHC administers programs such as the Low-Income Housing Tax Credit (LIHTC), Mortgage Revenue Bonds, and Down Payment Assistance Programs.
The Administrative Code provides guidelines for:
Eligibility criteria for developers and homeowners
Allocation process of tax credits
Compliance monitoring requirements
2. Program Rules and Compliance
UHC is authorized to adopt rules regarding:
Income limits
Rent restrictions
Property inspections
Recertification procedures
These rules ensure compliance with both federal law (e.g., Section 42 of the Internal Revenue Code for LIHTC) and state-specific regulations.
Example of Relevant Case Law in Utah
Here are a few legal disputes or judicial interpretations involving or affecting housing corporations and administrative authority in Utah:
🔹 Cedar Hills v. Utah Housing Corporation, 2012 UT App 250
Facts:
The city of Cedar Hills challenged UHC’s issuance of bonds to finance a low-income housing project in their city.
Cedar Hills argued that UHC’s activities required city consent.
Issue:
Whether UHC needed municipal consent before issuing bonds for housing projects within city limits.
Ruling:
The Utah Court of Appeals held that UHC did not need municipal approval, because the Utah Code gave UHC broad authority to issue bonds and promote housing projects in any part of the state.
Importance:
This case solidified UHC’s independence from municipal control and affirmed its broad statutory powers under state law.
Reinforced that UHC operates under its enabling statute and related administrative rules—not subject to local political control unless explicitly stated.
🔹 Fisher v. Utah Housing Corporation, (unpublished case)
While not binding, there have been tenants’ rights disputes and developer contract disputes involving UHC’s administrative procedures, such as allegations of unequal treatment in housing tax credit allocations or violations of procedural due process in revoking housing program eligibility. These cases often focus on whether UHC followed its own administrative rules.
Summary: Legal Framework
| Legal Authority | Explanation |
|---|---|
| Utah Code § 63H-8-101 et seq. | Establishes UHC and outlines its powers |
| Utah Administrative Code R460 | Contains UHC’s operating rules |
| Federal Law (e.g., IRC § 42) | Governs federal housing programs like LIHTC |
| Judicial Interpretations | Confirm UHC’s autonomy and clarify the scope of administrative power |
Key Takeaways
The Utah Housing Corporation operates under both statutory and administrative rules.
Its authority is broad, particularly in issuing bonds and allocating housing tax credits, as affirmed in court rulings.
The Utah Administrative Code ensures that UHC maintains compliance, transparency, and consistency in delivering housing services.
Case law (e.g., Cedar Hills) has reinforced UHC's independence and clarified boundaries between state housing power and local government interference.
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