Moderate-Income Housing and Reporting

Recent legislation made significant revisions to the moderate income housing element in the state code. Through this legislation, greater clarity as well as new strategies were outlined as options to be used within moderate income housing plans. The requirement for the moderate income housing element and reporting of progress toward implementation was also amended. 

Report submissions are due on August 1, 2023. Late submissions will not be accepted. 

2024 Report

Interested in reviewing reports from previous years?

SB 34 Municipal Progress Summaries

2022 Submitted Reports

2023 Submitted Reports

2024 Submitted Reports

Moderate Income Housing Report Guidance

Annual reports will be due by August 1 of each year to HCD.

If HCD determines in reviewing the annual report that the submission does not meet the requirements, a notice of noncompliance will be provided to the jurisdiction so that the jurisdiction may either request an appeal within 10-days of receiving the notice or correct deficiencies within 90 days of receiving that notice.

Depending on your population, your jurisdiction may be required to report annually on the implementation of its moderate income housing element. HCD has summarized the population criteria and jurisdictions required to report. State statute describes two different reports which jurisdictions must complete, an initial report and subsequent reports. 

Population Criteria

Initial Report

An initial report will be completed in the first year that a jurisdiction is required to report and any year that a jurisdiction amends their strategies or implementation plans. The jurisdiction must update the general plan to include moderate income housing strategies and an implementation plan for the next five years. The reporting content for the initial report will include:

  • A description of each moderate income housing strategy selected by the jurisdiction; and
  • An implementation plan for those strategies with specific measures and benchmarks

Subsequent Reports

In the years following the initial report, a jurisdiction will document their progress toward implementing the strategies identified in the initial report. The reporting content for subsequent reports will include:

  • A description of each action taken by the jurisdiction during the previous 12-months to implement the selected strategies.
  • A description of each land use regulation and/or decision made by the jurisdiction during the previous 12-months to implement the selected strategies, including an explanation of how the regulation and/or decision supports the jurisdiction’s efforts to implement the strategy.
  • A description of any barriers encountered by the jurisdiction in the previous 12-months in implementing the strategies;
  • Information regarding the number of internal and detached ADUs located within the jurisdiction (i.e. building permits, business licenses to rent).
  • The number of residential dwelling units that have been entitled that have not received a building permit as of the submission date of the progress report.
  • Shapefiles or website links if shapefiles are not available to current maps and tables related to zoning.
  • A description of how the market has responded to the selected strategies, including the number of entitled moderate income housing units or similar data.
  • Any recommendations on how the State can support the jurisdiction in implementing the strategies.

Want more guidance on annual report requirements?

Moderate Income Housing Report FAQ

Administrative Rule 

Municipal Moderate Income Housing Report Code

County Moderate Income Housing Report Code

Benefits and Limitations

There are benefits for those jurisdictions that meet, or even exceed, the minimum moderate income housing reporting requirement. Priority consideration for the Transportation Investment Fund of 2005, including the Transit Transportation Investment Fund is available for jurisdictions which surpass the minimum number of strategies in their general plan element and annual progress report as follows: 

Jurisdiction 

Minimum # of Compliant Strategies Required

Minimum # of Compliant Strategies Required for Priority Consideration

County

3

5

Municipality without fixed guideway transit stations

3

5

Municipality with fixed guideway transit stations

5

6

Alternatively, jurisdictions that do not submit their annual report or do not meet the minimum requirements will be deemed ineligible for the following funding:

  • Transportation Investment Fund of 2005, including the Transit Transportation Investment Fund
  • State Tax Commission Distribution of Sales and Use Tax to fund Highways for certain jurisdictions (UCA 59-12-2220)

Starting in 2024, a $250/day penalty fee will be applied to communities which are determined to be non-compliant and ineligible for the above funding sources. At the beginning of a community’s consecutive year of being ineligible for funds, the fee will double to $500/day. 

Questions?

If you need any assistance submitting your annual report or have questions about the requirements, please email mih@utah.gov