Utah Code § 35A-8 § 35A-8-408
Profit from projects prohibited -- Criteria for determining rentals and payments.
Operative Text
Profit from projects prohibited -- Criteria for determining rentals and payments. (1) To accomplish the public, governmental, and charitable purposes of this part, the Legislature declares that: (a) an authority manage and operate the authority's housing projects in an efficient manner to enable each housing project to provide decent, safe, and sanitary dwelling accommodations for persons of medium and low income and fix the rentals or payments for these accommodations for persons of low income at low rates; and (b) an authority may not be operated as a source of revenue to the city or county. (2) An authority shall fix the rentals or payments for dwellings in the authority's projects at no higher rates than the authority finds necessary in order to produce revenues that, together with all other available money, revenues, income, and receipts of the authority from whatever sources derived, including federal financial assistance necessary to maintain the low-rent character of the projects, is sufficient to: (a) pay, as they become due, the principal and interest on the bonds of the authority; (b) create and maintain reserves required to assure the payment of principal and interest as it becomes due on its bonds; (c) meet the cost of, and provide for, maintaining and operating the projects, including necessary reserves and the cost of any insurance, and the administrative expenses of the authority; and (d) make payments in lieu of taxes and, after payment in full of all obligations for which federal annual contributions are pledged, make repayments of federal and local contributions as it determines are consistent with the maintenance of the low-rent character of projects. (3) Rentals or payments for dwellings shall be established and the projects administered, in so far as possible, to assure that any federal financial assistance required is strictly limited to amounts and periods necessary to maintain the low-rent character of the projects. (4) Nothing in this section limits the amount an authority may charge for nondwelling facilities. (5) All income and revenue described in this section shall be used in the operation of the projects to aid in accomplishing the public, governmental, and charitable purposes of this part.
Under Utah Code Ann. §§ 35A-8-401, 35A-8-408 to -410, 35A-8-412 to -413, and 35A-8-415, housing authorities in Utah are prohibited from operating their housing projects as profit-generating enterprises for the city or county. Instead, rental rates and payments for low-income dwellings must be set only as high as necessary to cover operating costs, bond obligations, reserves, insurance, administrative expenses, and required payments in lieu of taxes. All revenues collected must be reinvested into the projects themselves to serve the public, governmental, and charitable purposes of affordable housing. Charges for non-dwelling facilities, such as commercial spaces, are not subject to these rate restrictions.
Plain English — not legal advice.
Housing authorities operating under Utah Code Ann. §§ 35A-8-401, 35A-8-408 to -410, 35A-8-412 to -413, and 35A-8-415 are expected to set rents at the minimum level needed to sustain project operations, meet debt obligations, and maintain reserves, rather than to generate surplus revenue for the municipality. Compliant authorities document how rental rates are calculated to demonstrate alignment with allowable cost categories, including bond payments, maintenance, insurance, and administrative expenses. Federal financial assistance is to be sought only to the extent necessary to preserve the low-rent character of the projects, and all collected income is directed back into project operations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Utah housing authority projects benefit from the protections established under Utah Code Ann. §§ 35A-8-401, 35A-8-408 to -410, 35A-8-412 to -413, and 35A-8-415, which prohibit authorities from setting rents above what is genuinely needed to cover allowable costs. If a tenant believes their housing authority is charging rents that exceed these statutory limits or is diverting revenues away from project operations, they may consider raising this concern with the housing authority directly, contacting a local tenant-rights organization, or consulting with a legal aid provider familiar with Utah housing law. Because this provision is tied to the authority's obligations regarding federal financial assistance, tenants may also explore whether a complaint to a relevant state or federal oversight body is appropriate.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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