The landlord incentive program requirements are of two (2) types. The first type of requirements are related to overall requirements that must be met by the landlord for all rental properties owned and licensed by the landlord before any incentive may be provided. The second type of requirement is directly related to the rental dwellings themselves. Failure to meet the second type of requirement at one rental dwelling will not affect incentives earned related to other rental dwellings owned by the landlord. Any new property owned by a participating landlord must be brought into compliance with the overall landlord requirements set forth in subsection A of this section within one year of initial business licensing for that rental property, or by the time of renewal of the rental agreement for that property, whichever occurs sooner.
A. Overall Landlord Requirements:
1. The landlord, or the landlord's bona fide agent for all aspects of property management, and all managers of the landlord responsible for the day to day management of the rental dwellings must complete either the city's landlord training program or a comparable program approved by the Ogden City police department within the two (2) year period immediately preceding the date of application or certification. (If the property is held in joint or common ownership only 1 of the owners need apply and qualify under the program.)
2. The landlord must require complete rental applications and background checks on all prospective adult tenants, in the manner suggested in the landlord training program. These minimum requirements are as follows:
a. The rental application shall require of each applicant:
(1) Full name, including middle initial.
(2) Date of birth.
(3) Driver's license number or valid state or federal issued picture identification card number or passport.
(4) Social security number.
(5) Names, dates of birth, and relationship to tenant of all people who will occupy the premises.
(6) Name, address and phone number of two (2) previous landlords.
(7) Income and employment history for the past two (2) years.
(8) Asks the applicant whether he or she has ever been convicted of a crime, and if so, the nature of the offense.
(9) Asks the applicant whether he or she is presently on probation or parole, and if so, the nature of the offense.
(10) The landlord requires a complete application as described above on all adults occupying the premises, including any adults subletting the premises.
(11) The application provides that any false or incomplete information provided on the application will be grounds for denial or eviction.
b. The following background checks are done on all adults occupying the premises:
(1) The landlord contacts previous landlords listed on the application, and inquires about any lease violations or damage to property.
(2) A nationwide criminal history check, including data from both state and federal courts, is received from a law enforcement agency or a reputable agency providing the service.
(3) Valid picture ID is presented to verify the identity of the applicant.
(4) A credit report is obtained from a valid provider.
3. The landlord does not knowingly rent to any person who has been convicted within four (4) years from the date of a rental application, or who is presently on probation or parole, for any of the following crimes:
a. A felony under title 58, chapter 37, Utah controlled substances act;
b. A class A misdemeanor or felony under title 76, chapter 5, offenses against the person;
c. A felony under title 76, chapter 4, part 4, enticing a minor;
d. A felony under title 76, chapter 6, offenses against property;
e. A felony under title 76, chapter 10, part 5, weapons;
f. A felony under title 76, chapter 10, part 12, pornographic and harmful materials and performances.
4. The landlord provides in its leases or rental agreements that tenants may be evicted if they or their guests or invitees engage in illegal drug use, possession, sale, manufacture, distribution, or other criminal activity on or adjacent to the rental premises, or if they permit another adult to occupy the premises who has not been screened by the landlord, and commences and pursues eviction proceedings within thirty (30) days of receiving information that a violation of any such provision exists.
5. The landlord is current on all other fees owed the city.
6. If participating in the waiver program, the landlord or agent must contact Ogden City business licensing to verify the validity of a waiver, and provide the rental address and number of rental units at that address.
7. If participating in the waiver program, the landlord or agent must provide in its leases or rental agreements that a waiver tenant may be evicted if the tenant is convicted of a crime listed in subsection A3 of this section, or who fails to renew the waiver or who has a waiver that has been revoked or terminated, and commences and pursues eviction proceedings within thirty (30) days of receiving information that a violation of any such provision exists.
B. Rental Dwelling Requirements:
1. The rental dwellings are an allowed or otherwise legal use (permitted, conditional, nonconforming, or conforming legal) under the city's zoning ordinances.
2. The landlord obtains and keeps current all business licenses and licensing fees applicable to all of the landlord's rental dwellings.
3. The rental dwellings and the surrounding premises are owned and maintained in compliance with city ordinances affecting the use, care or maintenance of real property (zoning ordinances, property maintenance regulations, fit premises regulations, property maintenance code, housing codes, health codes, etc.), and the premises are kept free of any public nuisance as defined by city ordinance or state law. A landlord will be considered to be in compliance with this requirement if violations are corrected within any time frame required for compliance under any notice of violation.
4. The landlord has paid any outstanding civil penalties assessed against the landlord for failing to correct a notice of violation applicable to the landlord's rental dwelling. (Eff. 9-22-2016)