Utah Code § 35A-8 § 35A-8-409
Eligibility requirements for occupants -- Rights of obligee on default of authority.
Operative Text
Eligibility requirements for occupants -- Rights of obligee on default of authority. (1) An authority shall make rules establishing eligibility requirements consistent with the purposes and objectives of this part for admission to and continued occupancy in its projects. (2) Nothing contained in this section or in Section 35A-8-408 may be construed to limit the power of an authority, with respect to a housing project, to vest in an obligee the right, in case of a default by the authority, to take possession or cause the appointment of a receiver free from the restrictions imposed by this section or Section 35A-8-408.
Utah Code Ann. § 35A-8-409 establishes two related rules for public housing authorities in Utah. First, each housing authority is required to adopt its own written rules that set eligibility standards—governing who may be admitted to and who may continue living in its housing projects—in a manner consistent with the broader goals of the housing program. Second, the provision clarifies that neither this section nor § 35A-8-408 restricts a housing authority's ability to grant a lender or bondholder (an 'obligee') the contractual right to take possession of a housing project, or to seek appointment of a receiver, if the authority defaults on its financial obligations.
Plain English — not legal advice.
Housing authorities operating under Utah Code Ann. § 35A-8-409 are generally expected to have formally adopted, written eligibility rules that govern both initial admission and ongoing occupancy in their projects, aligned with the statutory purposes of the housing program. Compliant authorities also ensure that financing agreements can lawfully include provisions granting obligees remedies—such as possession or receivership—in the event of a default, without those remedies being blocked by the occupancy restrictions in § 35A-8-408. Operators typically document these eligibility criteria clearly and make them accessible to applicants and current residents.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Utah Code Ann. § 35A-8-409, residents and applicants of public housing projects have a right to expect that the housing authority has established clear, written eligibility rules governing who qualifies for admission and who may remain in occupancy. If an applicant or resident believes a housing authority's eligibility decisions are inconsistent with its own stated rules or the purposes of the program, general enforcement paths may include filing a complaint with the housing authority itself, contacting the Utah Division of Housing and Community Development, or reaching out to a local tenant-rights or legal aid organization for information about available options.
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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Rules and statutes that cite this regulation